Effective Date: August 7, 2020
2. Scope of this policy
3. How is your data being processed?
3.1. Who processes personal information?
Personal information is processed by us. You can find our contact information in the Terms of Services.
3.2. What are we processing your data for and why are we processing it? (‘Purposes of data processing’, ‘legal basis of the data processing’ and ‘storage periods’)
We will process your data when we have to perform a contract, and we will be processing your data as long as the contractual relationship with you is in force and during the five years following the end of said relationship. This results in us having to process your data for purposes of providing you with both the Services, as well as to perform our obligations under the Services Terms and Conditions.
Subject to your consent, and as long as you do not withdraw any such consent, we may also process your data for the following purposes:
a) To send you electronic commercial communications (if you subscribe to a newsletter) or to answer the requests you may address us when contacting us;
d) We may enrich the data we have about you by obtaining information from a select third party for data enrichment purposes, provided that you have given us prior permission. Enriching data allows us to analyze a deeper subset of data from which we may present personalized content.
When we have to comply with a legal obligation applicable to us from time to time, such as those set forth in tax and anti-money laundering laws and regulations. In any such cases, the data will be processed only during the periods set forth by said laws, being deleted thereafter.
Finally, we may also process your data to protect our legitimate interests, as long as said data is strictly necessary to fulfil the goals set forth below, namely:
a) To review, monitor, investigate, and analyze how to improve the Services and/or the Site, as well as to keep our Services and the Site secure and operational and prevent abusive activity (e.g. fraud, spam, phishing activities, etc.). This may include sending you surveys to assess any problems in the service or know how to improve your user experience. We want to ensure a correct and safe environment for both other users and us, with those interests superseding your legitimate interests (we need to create and maintain an environment which is in accordance with the law, the legitimate interests of other parties, what other users may expect from our end, and to protect other users’ security when accessing the Site and using the Services);
b) Besides any commercial electronic and non-electronic commercial communication sent when we obtain your consent as mentioned above, we may also send you communications when you are our client. In this last case, we will only send you information belonging to us and concerning services and/or products identical or similar to the ones you have contracted with us. In these cases, we have a legitimate interest in processing your contact information to keep you informed about any of our products and services; and
c) Upon dissociating the data we have so as to be impossible to be associated to you or any other person, to perform statistical and other analysis on information we collect (technical and metadata) to analyze and measure user behavior and trends, to understand how people use our services, in order to improve and optimize our performance of such services.
3.3. To which extent do we require to have access to your personal data?
We need to process your personal data to perform the legal and contractual obligations mentioned in section 3.2 above. Otherwise, we are not able to provide you with the Services and/or access to the Site. On the other hand, for data processing which depends on your consent or on our legitimate interests, the data processing is not legally required.
3.4. Which companies will have access to your personal information?
We may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent, or take action against illegal activities), or we have to take action to protect our rights or any third party rights.
Finally, please note that you may opt for creating a survey in which the results are displayed not in an aggregated manner but by providing the particular answers provided by respondents. In those cases, if you opt to create a survey having this functionality, the results will be shared with those third parties you opt to share them with. Please bear in mind that, depending on what you intend to do with your data, you may be required to inform or comply with further legal requirements vis-à-vis respondents.
3.5. In which territories may your personal information be processed?
3.6. Your rights
You have the right to withdraw your consent at any time. You also have the right to request access to, and rectification of, or erasure of your personal data, or restriction of processing, or to object to processing, as well as the right to data portability. Please note that if you choose to cancel your data, your account will be deleted and all data in your account will be permanently deleted from our systems.
We allow you to exercise the above-mentioned rights at any time by contacting us at email@example.com.
3.7. Updating your information. Emails and commercial communications.
You can update any information we may have from you by means of the account settings area or by sending us a written communication as described in section 3.6 above. Please remember that it is your duty to keep information updated so we can correctly provide you with the Services, and you undertake to verify the information you have handed us from time to time to make sure that it is accurate.
As explained in section 3.6 above, you are entitled to ask us, now or at any moment, not to send you any kind of emails or commercial communications. Note that this will not prevent the sending of emails or other communications related to the Services, as those communications are necessary to the relationship we have with you.
4. How is the data we collect on your behalf being processed?
4.1. In order to provide you with the Services, we may need to process on your behalf third parties’ personal data. This is the case, for instance, when a person files out a survey (the forms we made available to you in the Services), in which case the data is collected, stored, and processed on your behalf. For clarification purposes, the subject-matter of the processing is the provision of said Services, and the type of personal data and categories of data subjects depends on the information uploaded into the Service.
4.2. We will only process any personal data we may have access to as a result of the provision of the Services in accordance with the instructions included in the Service Terms and Conditions and any other that you may provide us from time to time in writing.
4.3. We will ensure that all employees authorized to process personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality.
4.4. To provide you with the Services, we may need to use some service providers we already rely on, as well as hire new ones in the future. Those companies will only process the data to the extent necessary to render the Services, and we will enter into written agreements with them to make sure that said companies comply with the obligations included in this section 4 and implement all necessary security measures to ensure adequate protection of the data.
4.5. At your request and expense, we shall assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR, if applicable. For avoidance of doubt, we shall convey to you any requested data subjects may address directly to us together with all relevant information, if any, so that you can contact and answer to data subjects, but we shall not take care of contacting data subjects directly.
4.6. We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by Article 32 of the GDPR.
4.7. We will also provide, at your request and expense and subject to the nature of processing and information available to us, assistance in complying with obligations set forth in Articles 33 to 36 of the GDPR, if applicable.
With respect to data breaches, we will notify you without undue delay once we confirm that a data breach affecting personal data has taken place. We will provide you with sufficient information to allow you to meet any obligations to report or inform competent authorities or data subjects. We will reasonably cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach. For avoidance of doubt, you shall be responsible for both filing any reports required under applicable law and notifying data subjects, and you shall defend, indemnify and hold us harmless of any and all costs (including attorney’s fees), fines, or sanctions, or any damages that lack of action on your side may cause.
4.8. Upon termination of the Service Terms and Conditions, we shall delete personal data, unless otherwise required by law.
4.9. We will make available to you all information necessary to demonstrate compliance with the obligations laid down in this Section 4.
5. How to contact us