(b) CONSENT AND AGREEMENT TO BE BOUND
(ii) CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as described in the amendment provision set out in the License Agreements, and in accordance with the amendment requirements set out therein, Company will provide written notice to inform You and will obtain consent from You for any new purposes not previously identified.
(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(ii) CONSENT TO PROCESS THIRD PARTY DATA YOU SEND TO US IS YOUR RESPONSIBILITY. Any data sent to Company for processing by You is considered to be third party data (“Third Party Data”). For all Third Party Data, consent required upon collection of third party data shall be obtained by the You (“Third Party Data Consent”).
(iii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to receive emails from the Product for administrative or technical issues and You may occasionally receive the Company newsletters.
WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Company will never send email messages to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent website.
(g) CONTACT INFORMATION
If You have questions or concerns regarding Company’s policy or practices, please contact Company’s privacy officer by email at email@example.com
(h) EFFECTIVE DATE.
(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address, company/organization, occupation and photograph if You supply one to Company as Your personal avatar;
(ii) TECHNICAL INFORMATION: technical information about Your device such as the type of device, OS version, location, other browser information (e.g., size, connection speed and connection type;
(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company will collect and determine automatically through Cookies and traffic data as described below;
(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share to Company’s Product which includes Company’s Social Media Services.
(c) METHODS OF COLLECTION
We may collect electronic information from You from the following sources:
(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product. As part of this registration, Company will require that You submit certain information that is relevant to the purposes of the Product.
(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as Google, LinkedIn, Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Company’s Product, Company may receive information from such Social Media, in which case Company may collect and store information identifying Your account with the Social Media Services;
(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Company may collect and store information (including Personal Information) locally on Your device using mechanisms such as Product data caches, “Cookies” (cookies, pixel tags or other similar technologies which are small data files that are stored on an End-User’s device for record-keeping purposes that track where You travel on the Product and what You look at, on single sessions or cumulated over time. Although Cookies are used by most major Products and are accepted by default by most Products, it may be possible to disable Cookies via Your settings), and through “traffic data” which collects the, route and destination of users and information on and through Company’s Product, as well as cookies that are stored temporarily on Your device.
(d) PROCESSING OF COLLECTED INFORMATION
Company will validate the Personal Information to the best of its ability. Company will validate Personal Information wherever possible and any discrepancies discovered shall be corrected.(ii) CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. In the case that the End-User Personal Information is provided to Company by one of Company’s clients, Company will accept that database as verified and accurate. If Company is collecting the data on behalf of Company’s client, Company will work with the Client to ensure that processes will be put in place to ensure that end users are given the chance to review and correct any data issues.(iii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal Information You enter into Company’s system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information to firstname.lastname@example.org indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Company may make changes to Your Personal Information to meet the technological requirements of Company’s networks and media. Unless required to comply by law, Company may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where Company can provide information access and correction, and when required by law, Company will do so for free.(iv) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to the fourteenth (14th) day after Your License Agreements with Company have been terminated or the maximum time period allowed by Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End User may request a copy of all of the End-User’s Personal Information from the Product. After the Personal Information Removal Date, or upon Your specific request to email@example.com to delete the Personal Information, such Personal Information shall be deleted by Company within a reasonable period, unless:
(a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in Company’s system-wide business recovery back-ups (if any) until such time as the system-wide business recovery backup is deleted and replaced with data that does not include data collected during Your agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or
(b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless Company is required and compelled to do so by law, and in such event, at Your sole expense.
(v) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, Company may ask You to verify Your identity before Company can act on Your request.
(vi) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User and Client privacy preferences. There preferences will be tracked in the database and attached to Your End-User records. If the preferences are changes, the modifications will be incremental, and added to an audit log. Tracking of Your consent to the collection, storage and use of Your Personal Information will be also be recorded for the purposes of an audit log for consent. To ensure that the data is traceable, the source of the data will be logged, as well as a timestamp for the transaction.
(b) STORAGE AND RETENTION
(ii) DATA RETENTION:
OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by Company for an indefinite period however, this does not constitute a guarantee that Company will keep the data indefinitely. If a User or Client would like to ensure that data is indefinitely kept, that can be requested, upon written agreement of the parties of a custom services plan. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as defined above), with such deletion to be initiated by Company or by the User, in the manner described above in the section entitled “Removal of Personal Information By Company or by You.”
DATA RECOVERY BY YOU: Other than information that Company is required to retain and provided to You by law, you should have no expectation of data retention whatsoever. From time to time the Company will create a backup of all data in the Company’s system. This backup is for use by the Company only in the case of disaster recovery or to maintain business operations in the case of an emergency. No data will be backed up (except for such disaster recovery purposes and Company’s internally usage). Backing up of Your own data is Your responsibility. DATA RESTORES: The Companywill not restore data unless it is available and then only if the Company determines, in its sole discretion that a data recovery is necessary.
PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule as required by Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled “Removal of Personal Information By Company or By You.”
(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security related concern, please contact Company at the contact details provided above. Company will work closely with You to ensure a quick and personal response to Your concerns. In addition, Company restricts unauthorized access through protective policies, procedures, and technical measures, including:
SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the License Agreement.
SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the License Agreements, You understand that in order for the Company to operate the Product, End-User Data may be transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that that no such data transmission can be guaranteed to be completely secure, and that, beyond Company’s requirements to provide a warranty on information security, Company cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.
ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if the Company believes that the breach creates a real risk of significant harm to the end-users, the End-User and Client will be notified in the manner as required by law, and all details regarding the impact to the End-User and Client will be shared.
(d) TRAINING Company’s STAFF IN DATA MANAGEMENT:
TRAINING OF Company’s STAFF FOR HANDLING PERSONAL INFORMATION: Company’s employees and contractors are required to adhere to standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect. Furthermore, Company limits access to Your Personal Information to those employees or contractors who Company reasonably believe need to come into contact with that information in order to do their jobs and Personal Information will only be reviewed if anonymize of otherwise accessed on a “need-to-know” basis.
(vi) IN THE EVENT OF AN ACQUISITION OF Company’s COMPANY. In the event that the Company, or all or a portion of Company’s business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, Your Personal Information shall be one of the transferred assets. To the extent that Company is required to do so by law, You will be notified of any changes in ownership or uses of Your Personal Information.
(ix) And to fulfill other purposes related to Company’s Product, subject to Your explicit consent if consent is required by law.
(d) RIGHTS TO CONTENT PROVIDED BY THE END-USER
(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User and Client jointly hereby grants to the Company a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through multiple channels, and bundled with other applications or materials) such content, and further, the End-User and Client agrees to waive any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The Client and/or End-User agrees that the Client and/or End-User will individually and jointly defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third party intellectual property related to such End-User Data.
(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of Data. The Company creates benefit to all of its Clients and End-Users by analyzing the Company Data for the purposes of Product improvements. The Client and/or End-User agrees that the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Company products and related systems and technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance the Company products generally, (ii) for other development, diagnostic and corrective purposes in connection with the Products and Services, and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected Client and/or End-User or its business.
List of Third Party Processors and End-User Data Storage Providers
Digital Ocean (www.digitalocean.com)