This privacy statement describes how the CRM module collects and uses the personal information you provide on our platform. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
If you have questions or concerns regarding this policy, you should first contact us at firstname.lastname@example.org.
Collection and Use of Personal Information
We collect the following personal information from you
- Contact Information such as name, email address, mailing address, phone number
- Unique Identifiers such as user name, account number
- Preferences Information such as product wish lists, order history, marketing preferences
- Information about your business such as company name, company size, business type.
As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
We use this information to
- Fulfill your order
- Send you order confirmation
- Assess the needs of your business to determine suitable products
- Send you requested product or service information
- Send product updates or warranty information
- Respond to customer service requests
- Administer your account
- Send you a catalog
- Send you a newsletter
- Send you marketing communications
- Respond to your questions and concerns
- Improve our Website and marketing efforts
- Conduct research and analysis
- Display content based upon your interests
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at email@example.com.
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also disclose your personal information
- As required by law such as to comply with a subpoena, or similar legal process.
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- If the CRM is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
- To any other third party with your prior consent to do so.
Sharing with trusted third parties
We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf.
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).
Communicating with you
We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services.
These contacts may include:
- Text (SMS) messages
- Telephone calls
- Automated phone calls or text messages.
You may also update your subscription preferences with respect to receiving communications from us and/or our partners by signing into your account and visiting “Account Settings” page.
If you make use of a service that allows you to import contacts (ex. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at firstname.lastname@example.org.
Transfer of personal data abroad
Cookies and Other Tracking Technologies
Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
We use a third party to gather information about how you and others use our Web site. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.
Links to Other Web Sites
Our Site includes links to other Websites whose privacy practices may differ from those of the CRM module.
If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Website you visit.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at email@example.com.
We provide two means for you to make a purchase on our site. You can either use our order from or a third party payment option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.
We will retain your information as long as your account is active or as needed to provide you services.
If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Usage of 3rd Party Services for Data Sources
We use multiple web analytics tools provided by service partners such as Google Analysis, Facebook Audiences, Facebook Connect, G2Crowd, Drift and PureChat to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information, and have live chat capability with our visitors.
We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside.
Additional Policy Information
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
Correcting and Updating Your Personal Information
To review and update your personal information to ensure it is accurate, contact us at email@example.com.
Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.
Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Compliance process with respect to international data privacy
You can contact us about this privacy statement by writing or email us at the address below:
2574 15th Avenue
San Francisco, CA 94127
Data Protection Addendum
CRM – EU – DATA PROTECTION ADDENDUM
The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Principal Agreement. Except as modified below, the terms of the Principal Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Principal Agreement. Except where the context requires otherwise, references in this Addendum to the Principal Agreement are to the Principal Agreement as amended by, and including, this Addendum.
- In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
- “Applicable Laws” means (a) European Union or Member State laws with respect to any Company Personal Data in respect of which any Company Group Member is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Company Personal Data in respect of which any Company Group Member is subject to any other Data Protection Laws;
- “Company Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Company, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
- “Company Group Member” means Company or any Company Affiliate;
- “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of a Company Group Member pursuant to or in connection with the Principal Agreement;
- “Contracted Processor” means CRM module or a Subprocessor;
- “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
- “EEA” means the European Economic Area;
- “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
- “GDPR” means EU General Data Protection Regulation 2016/679;
- “Restricted Transfer” means:
- A transfer of Company Personal Data from any Company Group Member to a Contracted Processor; or
- An onward transfer of Company Personal Data from a Contracted Processor to a Contracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws) in the absence of the Standard Contractual Clauses to be established under section 12 below;
- “Services” means the services and other activities to be supplied to or carried out by or on behalf of the CRM module for Company Group Members pursuant to the Principal Agreement;
- “Standard Contractual Clauses” means the contractual clauses set out in Annex 2, amended as indicated (in square brackets and italics) in that
Annex and under section 13.4;
- “Vendor Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
- The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
The CRM Module warrants and represents that, before any Affiliate Processes any Company Personal Data on behalf of any Company Group Member, The CRM module entry into this Addendum as agent for and on behalf of that Affiliate will have been duly and effectively authorized (or subsequently ratified) by that Affiliate.
Processing of Company Personal Data
- The CRM module and each Affiliate shall:
- Comply with all applicable Data Protection Laws in the Processing of
Company Personal Data; and
- Not Process Company Personal Data other than on the relevant Company Group Member’s documented instructions unless Processing is required
by Applicable Laws to which the relevant Contracted Processor is subject, in which case the CRM module or the relevant Affiliate shall to the extent
permitted by Applicable Laws inform the relevant Company Group Member of that legal requirement before the relevant Processing of that Personal Data.
- Each Company Group Member:
- Instructs the CRM module and each Affiliate (and authorizes the CRM module and each Affiliate to instruct each Subprocessor) to:
- Process Company Personal Data; and
- In particular, transfer Company Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with the Principal Agreement; and
- Warrants and represents that it is and will at all relevant times remain duly and effectively authorized to give the instruction set out in section 3.2.1 on behalf of each relevant Company Affiliate.
- Annex 1 to this Addendum sets out certain information regarding the Contracted Processors’ Processing of the Company Personal Data as required by article 28(3) of the GDPR (and, possibly, equivalent requirements of other Data Protection Laws). Company may make reasonable amendments to Annex 1 by written notice to the platform from time to time as Company reasonably considers necessary to meet those requirements. Nothing in Annex 1 (including as amended pursuant to this section 3.3) confers any right or imposes any obligation on any party to this Addendum.
CRM module and Affiliate Personnel
The CRM module and each Affiliate shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
- Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the CRM module and each Affiliate shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
- In assessing the appropriate level of security, the CRM module and each Affiliate shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
- The CRM module has no subprocessors for processing personal data. The CRM module itself processes Company Personal Data and carry out adequate due diligence to ensure that it is capable of providing the level of protection for Company Personal Data required by the Principal Agreement.
Data Subject Rights
- Taking into account the nature of the Processing, the CRM module and each Affiliate shall assist each Company Group Member by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Company Group Members’ obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws
- The CRM module shall:
- Promptly notify Company if any Contracted Processor receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
- Ensure that the Contracted Processor does not respond to that request except on the documented instructions of Company or the relevant
Company Affiliate or as required by Applicable Laws to which the Contracted Processor is subject, in which case the platform shall to the extent
permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.
Personal Data Breach
- The CRM module shall notify Company without undue delay upon the CRM module or any Subprocessor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow each Company Group Member to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
- The CRM module shall co-operate with Company and each Company Group Member and take such reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
Data Protection Impact Assessment and Prior Consultation
The CRM module and each Affiliate shall provide reasonable assistance to each Company Group Member with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required of any Company Group Member by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
Deletion or return of Company Personal Data
- Subject to sections 10.2 and 10.3 the CRM module and each Affiliate shall promptly and in any event within 6 years otherwise by applicable laws of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.
- Subject to section 10.3, Company may in its absolute discretion by written notice to the CRM module within 6 years otherwise by applicable laws of the Cessation Date require the CRM module and each Affiliate to (a) return a complete copy of all Company Personal Data to Company by secure file transfer in such format as is reasonably notified by Company to the platform; and (b) delete and procure the deletion of all other copies of Company Personal Data Processed by any Contracted Processor. The CRM module and each Affiliate shall comply with any such written request within 6 years otherwise by applicable laws of the Cessation Date.
- Each Contracted Processor may retain Company Personal Data to the extent required by Applicable Laws and only to the extent and for such period as required by Applicable Laws and always provided that the CRM module and each Affiliate shall ensure the confidentiality of all such Company Personal Data and shall ensure that such Company Personal Data is only Processed as necessary for the purpose(s) specified in the Applicable Laws requiring its storage and for no other purpose.
- The CRM module shall provide written certification to Company that it and each Affiliate has fully complied with this section 10 within 6 years otherwise by applicable laws of the Cessation Date.
- Subject to sections [11.2 to 11.4], the CRM module and each Affiliate shall make available to each Company Group Member on request all information necessary to demonstrate compliance with this Addendum, and shall allow for and contribute to audits, including inspections, by any Company Group Member or an auditor mandated by any Company Group Member in relation to the Processing of the Company Personal Data by the Contracted Processors.
- Information and audit rights of the Company Group Members only arise under section 11.1 to the extent that the Principal Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law (including, where applicable, article 28(3)(h) of the GDPR).
- [A Company Group Member may only mandate an auditor for the purposes of section 11.1 if the auditor is identified in the list set out in Annex 3 to this Addendum, as that list is amended by agreement between the parties in writing from time to time. The CRM module shall not unreasonably withhold or delay agreement to the addition of a new auditor to that list.]
- [Company or the relevant Company Affiliate undertaking an audit shall give the CRM module or the relevant Affiliate reasonable notice of any audit or inspection to be conducted under section 11.1 and shall make (and ensure that each of its mandated auditors makes) reasonable endeavours to avoid causing (or, if it cannot avoid, to minimize) any damage, injury or disruption to the Contracted Processors’ premises, equipment, personnel and business while its personnel are on those premises in the course of such an audit or inspection. A Contracted Processor need not give access to its premises for the purposes of such an audit or inspection:
- To any individual unless he or she produces reasonable evidence of identity and authority;
- Outside normal business hours at those premises, unless the audit or inspection needs to be conducted on an emergency basis and Company or the relevant Company Affiliate undertaking an audit has given notice to the platform or the relevant Affiliate that this is the case before attendance outside those hours begins; or
- For the purposes of more than [one] audit or inspection, in respect of each Contracted Processor, in any [calendar year], except for any additional audits or inspections which:
- Company or the relevant Company Affiliate undertaking an audit reasonably considers necessary because of genuine concerns as to the CRM module or the relevant Affiliate’s compliance with this Addendum; or
- A Company Group Member is required or requested to carry out by Data Protection Law, a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Data Protection Laws in any country or territory, where Company or the relevant Company Affiliate undertaking an audit has identified its concerns or the relevant requirement or request in its notice to the CRM module or the relevant Affiliate of the audit or inspection.
- Subject to section 12.3, each Company Group Member (as “data exporter”) and each Contracted Processor, as appropriate, (as “data importer”) hereby enter into the Standard Contractual Clauses in respect of any Restricted Transfer from that Company Group Member to that Contracted Processor.
- The Standard Contractual Clauses shall come into effect under section 12.1 on the
- The data exporter becoming a party to them;
- The data importer becoming a party to them; and
- Commencement of the relevant Restricted Transfer
- Section 12.1 shall not apply to a Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, for the avoidance of doubt, do not include obtaining consents from Data Subjects), is to allow the relevant Restricted Transfer to take place without breach of applicable Data Protection Law.
Governing law and jurisdiction
- Without prejudice to clauses 7 (Mediation and Jurisdiction) and 9 (Governing Law) of
the Standard Contractual Clauses:
- The parties to this Addendum hereby submit to the choice of jurisdiction stipulated in the Principal Agreement with respect to any disputes or
claims howsoever arising under this Addendum, including disputes regarding its existence, validity or termination or the consequences of its nullity; and
- this Addendum and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in the Principal Agreement.
Order of precedence
- Nothing in this Addendum reduces the CRM module or any Affiliate’s obligations under the Principal Agreement in relation to the protection of Personal Data or permits the CRM module or any Affiliate to Process (or permit the Processing of) Personal Data in a manner which is prohibited by the Principal Agreement. In the event of any conflict or inconsistency between this Addendum and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.
- Subject to section 13.2, with regard to the subject matter of this Addendum, in the event of inconsistencies between the provisions of this Addendum and any other agreements between the parties, including the Principal Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the parties) agreements entered into or purported to be entered into after the date of this Addendum, the provisions of this Addendum shall prevail.
Changes in Data Protection Laws, etc.
- Company may:
- By at least [30 (thirty) calendar days’] written notice to the platform from time to time make any variations to the Standard Contractual Clauses (including any Standard Contractual Clauses entered into under section 12.1), as they apply to Restricted Transfers which are subject to a particular Data Protection Law, which are required, as a result of any change in, or decision of a competent authority under, that Data Protection Law, to allow those Restricted Transfers to be made (or continue to be made) without breach of that Data Protection Law; and
- Propose any other variations to this Addendum which Company reasonably considers to be necessary to address the requirements of any Data Protection Law.
- If Company gives notice under section 13.4.1:
- The CRM module and each Affiliate shall promptly co-operate (and ensure that any affected Subprocessors promptly co-operate) to ensure that equivalent variations are made to any agreement put in place and
- Company shall not unreasonably withhold or delay agreement to any consequential variations to this Addendum proposed by the CRM module to protect the Contracted Processors against additional risks associated with the variations made under section 13.4.1 [and/or 13.5.1].
- If Company gives notice under section 13.4.2, the parties shall promptly discuss the proposed variations and negotiate in good faith with a view to agreeing and implementing those or alternative variations designed to address the requirements identified in Company’s notice as soon as is reasonably practicable.
- Neither Company nor the CRM module shall require the consent or approval of any Company Affiliate or Affiliate to amend this Addendum pursuant to this section 13.5 or otherwise.
- Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
ANNEXURE 1: DETAILS OF PROCESSING OF COMPANY PERSONAL DATA
This Annexure 1 includes certain details of the Processing of Company Personal Data as required by Article 28(3) GDPR.
Subject matter and duration of the Processing of Company Personal Data
The subject matter and duration of the Processing of the Company Personal Data are set out in the Principal Agreement and this Addendum.
The nature and purpose of the Processing of Company Personal Data Information as necessary to support the Company’s lawful business, and authorized by the Company.
The types of Company Personal Data to be Processed
Individual data as defined within the Company’s CRM module application
The categories of Data Subject to whom the Company Personal Data relates
All individuals (“natural persons”) as defined within the Company’s CRM module Application
The obligations and rights of Company and Company Affiliates
The obligations and rights of Company and Company Affiliates are set out in the Principal Agreement and this Addendum.