Last modified: 21-12-2020
Effective Date: 21-12-2020
(b) CONSENT AND AGREEMENT TO BE BOUND
(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(ii) 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.
b. 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 officerby email at firstname.lastname@example.org or at the following address: Generaal Joubertstraat 66, 2021 XD, Haarlem, The Netherlands
(h) EFFECTIVE DATE.
2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION
(a) DISCLOSURE OF COLLECTION
(b) COLLECTION OF PERSONAL INFORMATION
When You use the Product, Company stores certain information about Your device and Your activities that You provide to Company and that Company automatically collects, including:
(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address 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. You may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product from the Digital Distributor, using Your electronic device. 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 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
3. DATA MANAGEMENT
(a) VALIDATION AND CHANGES TO OF Company’s END USER-INFORMATION
(i) VALIDATION: 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. 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 email@example.com 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 180 days after Your account with Company has 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 User Data from the Product. After the Personal Information Removal Date, or upon Your specific request to firstname.lastname@example.org 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 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.
(b) STORAGE AND RETENTION
(ii) DATA RETENTION:
a. 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. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
b. 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.”
c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and provide 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.] // OR // [The Company runs a periodic backup of End User’s User Data and may store the End-User’s User Data as long as the End-User’s account is current and active until expiry of the Data Retention Period.]. 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.
d. 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:
c. 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 will be notified in the manner as required by law, and all details regarding the impact to the End-User will be shared.
(d) TRAINING COMPANY’S STAFF IN DATA MANAGEMENT:
a. 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.
4. DATA USAGE SCHEDULE TO THE PRODUCT LICENSE AGREEMENT
(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose Personal Information other than the purposes identified below (individually and collectively, the “Purpose”):
(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
(ii) TO IMPROVE Company’s PRODUCT: To fulfill Your requests or Company’s product roadmap for certain features of the Product, to customize, measure, and improve the Product including by analyzing trends, tracking user movements on the Product, gathering demographic statistics about Company’s user base as a whole, and to assist Company to measure Company’s performance and effectiveness of Company’s content, and to share Company’s performance information with others;
(iii) TO IMPROVE Company’s CONTENT: Company may post Your social media content, testimonials, and other information provided by you;
(iv) TO FULFIL Company’s BUSINESS GOALS: to directly or indirectly offer or provide You with products and services that are based on Company’s analysis of Your needs as determined by Company’s analytics and the analytics of Company’s third-party processors, unless You opt out;
(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) TO PROCESS PAYMENTS: To use certain services on the Product, Company may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers.]
(x) 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 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 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 End-User agrees that the End-User will 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 End-Users by analyzing the Company Data for the purposes of Product improvements. The 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 End-User or its business.