PRIVACY POLICY

We are committed to protecting your privacy. In order to provide You with uninterrupted use of Our Services, We may collect and process, and, in some circumstances, and by law, disclose information about you with your permission. To ensure better protection of Your privacy, We provide this notice explaining how we collect and process your information including where required by law our disclosure policies, and your choices in regards to the use, access, correction and deletion of your Personal Data. This privacy notice applies to a) entities or individuals, who have subscribed to our Service(s) and have agreed to the Terms (hereinafter referred to as the “Customer”) and b) individuals (“Individuals”) from whom We collect data as a controller.

This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Services. If you have any questions or concerns regarding this Privacy Policy, you should contact our us at support@workativ.com

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

DEFINITIONS:

  1. “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.
  2. “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
  3. “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
  4. “Third Parties” refer to any website, company or individual apart from the User and the creator of this Website.
  5. Any capitalized terms used in this Notice but not defined herein shall have the same meaning as defined in the Terms of Service.

COLLECTION, PROCESSING, RIGHTS, AND RETENTION OF YOUR DATA

We are committed to protecting Your privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us.

1. We collect and process personal data when:

  1. Visitor: When you visit our Websites, we may collect information, which may include Personal Data, from Individuals as set forth below (collectively referred to as “Collected Data”). For the purposes of the General Data Protection Regulation (GDPR), We shall be the controller for the Collected Data – this means that We decide what Collected Data is processed and why.
  2. Signup: When you subscribe and sign-up to any of our Service(s), we may collect your (i) contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number of the Account admin; (ii) billing information, such as credit card number and billing address; (iii) name and e-mail address when Account admin provide feedback from within the Service(s); and (iv) unique identifiers, such as username, account number or password.
    Subject to this Notice and the Terms, we will use such data, including without limitation, to (i) provide you the Service(s); (ii) send you communication from the Service(s); (iii) assess needs of your business to determine or suggest suitable Service(s); (iv) send you requested information about the Service(s); (v) respond to customer service requests, questions and concerns; (vi) administer your Account; (vii) send you promotional and marketing communications (where you have requested us to do so); and (viii) facilitate your transactions with other users when you use our Service(s).
  3. Marketing & Promotion: When you signed up with Us at either a third-party conference or event or registered for a marketing program such as newsletter, webinars or seminars, we may collect your contact information such as name, e-mail address, designation, phone number, company name, company location, size and mailing address et. Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) send you promotional and marketing communications (where you have requested us to do so); and (iv) respond to your questions and concerns.
  4. Social Media: Our Websites includes social media features, such as the Facebook “Like” button, the “Share This” button or interactive mini-programs. Where you interact with these features, they may collect your IP address, which page you are visiting on our Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy notice of the company providing them.
  5. Cookies: We and our third-party advertising partners use cookies and similar technologies in analyzing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Most web browsers support cookies and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our Websites and services.
    As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Website (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We link this automatically collected data to other data we collect about you. We do this mainly to improve services We offer you, to improve marketing, analytics, and/or Website performance and functionality.
  6. Analytics: Apart from the aforementioned information collected by us, we automatically receive and record certain Personal Data of yours when You visit our Websites. This includes device model, IP address, the type of browser being used, usage pattern through cookies and browser settings, query logs and product usage logs. We also collect clicks, scrolls, conversion and drop-off on our Websites and Service(s) to render user journey at real-time. Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) respond to customer service requests, questions and concerns; and (iv) for analytical purposes. You acknowledge and authorize Us and Our service providers to perform analytics on such Collected Data, to (i) improve, enhance, support and operate the Websites; and (ii) compile statistical reports and record insights into usage patterns.

2. Processing service data:

We only process Service Data as per our Customer's instructions. For purposes of the GDPR and the Swiss Federal Act on Data Protection, we are the processor and not the controller of the Service Data. Service Data, as defined in the Terms, means all electronic data, text, messages or other materials, including Personal Data of Users and End-Users, submitted to the Service(s) by our Customers through Customer’s Account in connection with Customer’s use of the Service(s), including data collected under “Usage Information” below. Our EEA or Switzerland based Customers are the “controllers” of that data and are responsible for compliance with the applicable data protection law.

If you are our Customer from EEA or Switzerland, then in your role as a controller, you are authorizing, on behalf of you and your authorized Users and End-Users, and representing that you have the authority to provide such authorization to the processing and transfer of Personal Data in and to the United States and other countries which may have different privacy laws from your or their country of residence. We will take all steps reasonably necessary to ensure that the Service Data is treated securely and in accordance with this Notice.

We do not own, control or direct the use of Service Data, and in fact we are largely unaware of what information is being stored on our platform and only access such information as reasonably necessary to provide the Service(s) (including to respond to support requests), as otherwise authorized by Customers or as required by law. Unless we explicitly agree otherwise in writing, you will not process sensitive personal data (such as health data) on our platform.

As the controller, it shall be your responsibility to inform the End-Users about the processing, and, where required, obtain necessary consent or authorization for any Personal Data that is collected as part of the Service Data through your use of the Service(s). As the processors of Personal Data on behalf of our Customers, we follow Customer’s instructions with respect to the Service Data to the extent consistent with the functionality of our Service(s). In doing so, we implement technical, physical and administrative measures against unauthorized processing of such information and against loss, destruction of, or damage to, Personal Data.

  1. Service Usage Information:
    Where a User or End-User uses the Service(s), we automatically receive and record certain information of such user. This information includes Username, email address, device model, IP address, the type of browser being used, usage pattern through cookies and browser settings, query logs and product usage logs (collectively referred to as “Usage Information”).
  2. Service Improvement and Enhancement:
    You expressly authorize us and our service providers we use to process the Service Data in our systems to (i) provide, improve, enhance, support and operate the Service(s) and its availability; (ii) develop new products and services; and (iii) compile statistical reports and record insights into usage patterns.

3. Processing personal data:

We process Personal Data in the United States and the European Economic Area (“EEA”) and in other countries through third parties that we may use.

We may also share your Personal Data as follows:

  • With the third party assisting us in providing you with the Service(s). Our Sub-Processors are given access to Customer’s Account and Service Data only as reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations in their service agreements.
  • With third-party service providers providing services, such as research and analytics, marketing and data enrichment or for them to reach out to you on our behalf.
  • With third-party payment processors who process your credit card and other payment information for us but are otherwise not permitted to store, retain or use such information.
  • With third-party partners for the purpose of assisting us in onboarding you and providing any further support needed to use our Service(s).

4. Your Data Protection Rights

EEA AND SWISS SPECIFIC RIGHTS

a. Collected Data:

If you are an individual resident in EEA or Switzerland, you have the following data protection rights regarding Collected Data:

  • If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us.
  • You can object to the processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us.
  • 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.
  • Similarly, 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 conducted prior to your withdrawal, nor will it affect the processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
  • You 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.

If you seek access to or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which forms a part of Collected Data, please contact us at support@workativ.com. We 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.

b. Service Data:

We acknowledge that you have the right to access your Personal Data. We have no direct relationship with the individuals whose Personal Data we process. If you seek access to or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which is part of the Service Data and processed by us on behalf of our Customer or if you are an End-User of one of our Customers and would no longer like to be contacted by one of our Customers that uses our Service(s), you should direct your query to our Customer i.e., the controller. if requested to remove data, We will respond within a reasonable timeframe.

If you are a Customer of our Service(s) and wish to raise a Request on behalf of your Users and End-Users in connection with Service Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.

CALIFORNIA-RESIDENT SPECIFIC RIGHTS

To the extent, that you are a 'consumer' as defined under the California Consumer Privacy Act of 2018 ("CCPA") and Workativ is a 'business' as defined under CCPA, the following applies to you:

Subject to the provisions of the CCPA, you have the right to request in the manner provided herein, for the following:

a. Right to request for information about the:
  •  Categories of Personal Data we have collected about you.
  • Specific pieces of Personal Data we have collected about you.
  • Categories of sources from which the Personal Data is collected.
  • Business or commercial purpose for collecting Personal Data.
  • Categories of third parties with whom the business shares Personal Data.
b. Right to request for deletion of any Personal Data collected about you by us:

If you seek to exercise the foregoing rights to access or delete Personal Data which constitutes 'personal information' as defined in CCPA, please contact us at support@workativ.com. We respond to all requests we receive from you wishing to exercise your data protection rights within a reasonable timeframe in accordance with applicable data protection laws. By writing to us, you agree to receive communication from us seeking information from you in order to verify you to be the consumer from whom we have collected the Personal Data from and such other information as reasonably required to enable us to honour your request.

5. RETENTION OF PERSONAL DATA

  1. If you wish to request that we no longer use your Collected Data, please contact us at  support@workativ.com.
  2. Personal Data contained in the Service Data is retained and deleted in accordance with the Terms.
  3. Notwithstanding the foregoing, we will retain Collected Data and Service Data as necessary to comply with our legal obligations, for litigation/defense purposes, maintain accurate financial and other records, resolve disputes, and enforce our agreements.

6. SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed.

7. IMPORTANT COMMUNICATIONS

If you are our Customer, we will send you announcements related to the Service(s) on occasions when it is necessary to do so. For instance, if our Service(s) is temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may deactivate your Account.

8. LINKS TO THIRD PARTY SITES

Our Websites contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects Personal Data.

9. AMENDMENT

Our Privacy Policy may change from time to time. If we make any material changes, we will notify you by means of a notice on this Website prior to the change becoming effective and if you are our Customer, via e-mail (specified in your Account). Provided we will not be notifying you if we amend the Notice to make addition, deletions or modifications to the list of cookies from time to time to keep the list of cookies current and accurate. You should frequently visit this Notice to check for amendments. Your continued use of our Websites or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Websites or Service(s) if you do not accept the terms of this Notice, or any modified version of this Notice.

10. LEGAL DISCLOSURE

We, including our Group Companies reserve the right to disclose your personal data contained in Collected Data and Service Data as required by applicable law, in response to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process served on us. Collected Data and Service Data will also be shared between our Group Companies for the activities permitted under the Terms and this Notice.

In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customer’s Account, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Websites to intimate you of any such change in ownership or control and Customers will be notified via an e-mail from support@workativ.com.

11. CONTACT WORKATIV

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to support@workativ.com.

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