Effective Date: 08th November 2023
Last Updated on: 08th November 2023
Capitalised terms not specifically defined herein shall have the meaning ascribed thereto in the Agreement.
1.1 “Controller” means the natural or legal person, public authority, agency, or other body which alone or jointly with others, determines the purposes and means of the processing of Personal Data.
1.2 “Customer” means the natural or legal person that has subscribed to Services by agreeing to the Agreement.
1.3 “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.4 “Process/Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.5 “Agreement” shall mean the Customer Agreement available here
2. HOW WE COLLECT, USE, AND SHARE YOUR PERSONAL DATA
2.1 PERSONAL DATA THAT YOU PROVIDE US
2.2 PERSONAL DATA THAT WE COLLECT NOT PROVIDED DIRECTLY BY YOU
If You provide Us with any Personal Data relating to other individuals, You represent that You have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Policy. If You believe that Your Personal Data has been provided to Us improperly, please contact Us by using the information in clause 12 below.
2.3 In addition to the details provided in the table above, We may also share Your Personal Data with
- an entity to which we divest all or a portion of Our business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or a portion of Our business.
- Law enforcement authorities, government authorities, courts, dispute resolution bodies, regulators, auditors, and any party appointed or requested by applicable regulators to carry out investigations or audits of Our activities.
- Professional advisors who advise and assist Us in enforcing Our contracts and policies, handling Our claims, effective management of Our company and in relation to any disputes We may become involved in.
3. LEGAL BASIS FOR PROCESSING (EEA REGION)
3.1 If You are a data subject from the European Economic Area, Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which We collect it.
3.2 We will normally collect Personal Data from You only where it is needed to perform a contract with You, where the Processing is in Our legitimate interests and not overridden by Your data protection interests or fundamental rights and freedoms, or where We have Your consent. In some cases, We may also have a legal obligation to collect Personal Data from You. If We Process Personal Data with reliance on Your consent, You may withdraw Your consent at any time.
3.3 If You have questions or need further information concerning the legal basis on which We collect and use Your Personal Data, please contact Us using the contact details provided under clause 12.
4. INTERNATIONAL TRANSFER
4.1 We mainly Process Personal Data in the United States. However, We may transfer Personal Data outside the United States only for the purposes referred to in clause 2. We will ensure that the recipient of Your Personal Data offers an adequate level of protection that is at least comparable to that which is provided under applicable data protection laws.
4.2 If You are a resident of the European Economic Area and when Your Personal Data is Processed outside EEA, We will ensure that the recipient of Your Personal Data offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of Personal Data as approved by the European Commission (Article 46 General Data Privacy Regulation, 2016), or We will ask You for Your prior consent to such international data transfers.
5. SECURITY OF PERSONAL DATA
We use appropriate technical and organizational measures to protect the Personal Data that We collect and Process. The measures We use are designed to provide a level of security appropriate to the risk of Processing Your Personal Data. If You have questions about the security of Your Personal Data, please contact Us using the contact details provided under clause 12.
6. RETENTION OF PERSONAL DATA
6.1 We will retain Your Personal Data for as long as reasonably necessary to provide You with Our Services that You request, for marketing purposes unless You opt out as described in this Policy, or otherwise where permitted or required in accordance with applicable law. We will retain and use Your Personal Data as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements. What this means in practice will vary between different types of Personal Data, and when We consider Our approach, We take into account ongoing business or legal needs for the Personal Data, for example in relation to tax, health and safety, and potential or actual disputes or investigations.
6.2 In the absence of a need to retain Personal Data under clause 6.1 above, We will either delete it or aggregate it or, if this is not possible then We will securely store Your Personal Data and isolate it from any further processing until deletion is possible.
7. YOUR PRIVACY RIGHTS
7.1 You have the right to opt out of marketing communications We send You at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails We send You. To opt out of other forms of marketing (such as postal marketing or telemarketing), please contact Us.
7.2 You are entitled to the following rights:
7.2.1 You can request access to your Personal Data.
7.2.2 You can request that We correct inaccurate Personal Data about You, subject to appropriate verification.
7.2.3 You may have the right to request that We delete Personal Data that We have collected from You, subject to certain exceptions.
7.2.4 If You are a resident of the EEA, UK, or Switzerland, You are also entitled to the following rights: You can object to the Processing of Your Personal Data, ask Us to restrict the Processing of Your Personal Data, or request portability of Your Personal Data.
7.2.5 If We have collected and processed Your Personal Data with Your consent, then You can withdraw Your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We have conducted prior to Your withdrawal, nor will it affect Processing of Your Personal Data conducted in reliance on lawful processing grounds other than consent.
7.3 You have the right to appeal a decision We have made in connection with Your privacy rights request by contacting Us using the contact information provided in Clause 12. You also have the right to complain to a data protection authority about Our collection and use of Your Personal Data. For more information, please contact Your local data protection authority as specified by the applicable data protection laws.
7.4 If you are a resident of the U.S., You may have the right to opt-out of the sale or sharing of your Personal Data or the Processing of Your Personal Data for targeted advertising, where We work with third parties that provide advertising, analytics, or similar services that are considered a “sale,” “share,” or “targeted advertising” under the applicable data protection laws. To exercise Your right to opt-out, please use the link in our cookie banner or enable an opt-out preference mechanism in Your browser. Your request is specific to the device and browser that You use to submit Your opt-out preference.
7.5 If You seek to exercise Your rights under this clause, please contact Us at the details provided in clause 12. We will verify any requests before acting on the request and respond to all requests We receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws.
7.5.1 We will not discriminate against You if you decide to exercise Your privacy rights.
7.5.2 Please note that, when appropriate, We may decline a request if We are unable to verify Your identity (or an agent’s authority to make the request) and confirm the Personal Data We maintain relates to You.
7.5.3 Only You, or someone legally authorized to act on Your behalf, may submit a request related to Your Personal Data. You may also submit a request on behalf of Your minor child. Where appropriate, You may authorize someone to make a request on Your behalf (an authorized agent). Authorized agents will need to demonstrate proof of authorization to act on Your behalf. We retain the right to request confirmation directly from You confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity.
8. NOTICE FOR US RESIDENTS
8.1. Clause 8 applies to US residents and the Personal Data We collect as a business.
8.2. The categories of Personal Data We have collected in the twelve (12) months prior to the Effective Date and that We may collect include:
a. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers;
b. Personal Information such as education, employment, employment history;
c. Commercial Information such as transaction information, purchase information, financial details, and payment information;
d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement; and
e. Inferences drawn from the above categories of Personal Data.
8.3. Disclosure of Personal Data. We have disclosed the categories of Personal Data listed in clause 8.2 above for a business purpose in the twelve (12) months prior to the Effective Date and may disclose such Personal Data to service providers or contractors or to any other third parties who support our business provided (a) they do not sell or share such Personal Data as such terms are defined in the applicable data protection laws or (b) retain, use or disclose such information for any purpose other than for the specific purpose of performing the services specified in our contract with them or (c) combine or update such information with any other information received directly by them. We do not sell or share (as the terms are defined in the applicable data protection laws) the Personal Data We collect without providing You a right to opt-out. We do not knowingly sell or share the Personal Data (as such terms are defined in the applicable data protection laws) of minors under the age of sixteen (16). We may sell or share the categories of Personal Data described in clause 8.2 for marketing purposes to business partners and third parties, such as data analytics providers, advertising technology vendors, and social media platforms.
9.1. Cookies are text files that are placed on Your computer to collect standard internet log information and visitor behaviour information by Us. When You visit the Website(s), We may collect Personal Data automatically from You through cookies or similar technology. We also set cookies to collect information that is used either in aggregate form to help Us understand how Our Website(s) is being used or how effective Our marketing campaigns are, to help customise the Website(s) for You or to make advertising messages more relevant to You.
9.2. Necessary Cookies: We set essential cookies that enable core functionality such as security, network management, and accessibility. You may not opt-out of these cookies. However, You may disable these by changing Your browser settings, but this may affect how the Website(s) functions.
9.3. Statistics, Preference, and Marketing Cookies: We set these cookies to help Us improve Our Website(s) by collecting and reporting information on how You use it. The cookies collect information in a way that does not directly identify anyone.
9.4. When You visit the Website(s), a cookie banner will be displayed providing additional information about cookies and options to opt out of non-essential cookies as required by applicable laws.
10. PRIVACY OF CHILDREN
We recognize the importance of children's safety and privacy. We do not request, or knowingly collect, any Personal Data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided Us with Personal Data, they should write to Us at the email address provided in clause 12.
11. NOTICE TO END-USER AND OTHER EXCLUSIONS
11.1. Our Services are intended for use by businesses. Except for the Personal Data collected from You for the purposes mentioned under clause 2, this Policy is not applicable to Our Processing of any Personal Data transmitted by the Customer. We may receive End-Users’ Personal Data as a part of the Customer Data for which We will only act as a Processor and such Processing will be governed by the Agreement. In such a case, the End User’s data privacy questions and requests should be submitted to the Customer in its capacity as a Controller. We are not responsible for Customers’ privacy or security practices which may be different from this notice. Customers of the Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations, relating to the collection of Personal Data in connection with the use of Services by the Customer or the Users.
11.2. When You log on to Services using the online sign-on services, the social network platform may provide Us with access to certain information that You have provided them, the collection, use, and disclosure of Your Personal Data by these social networks shall be governed by the policies of such social networks and We shall have no liability or responsibility over their actions.
12. CONTACT INFORMATION
You may contact Us if You have any inquiries, concerns, or feedback on Our data protection policies and procedures, or if You wish to make any request, in the following manner:
Kind Attention: Aravind Murthy (CTO and DPO)
Email Address: email@example.com
Address: 3524 Silverside Road Suite 35B Wilmington, DE 19810
13. CHANGES TO THE POLICY
We keep this Policy under regular review and may update this webpage at any time. This Policy may be amended at any time and You shall be notified only if there are material changes to this Policy.