Custellence | Policy on Privacy and Data Protection
Version 1 – valid as of 23rd of May 2018
What this policy covers
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:
What information we collect about you
How we use information we collect
How we share information we collect
How we store and secure information we collect
How to access and control your information
Other important privacy information
When we refer to “Custellence”, “we”, or “us” in this policy, we mean Custellence Enterprise, which controls the information we collect when you use our Service. Custellence offers a collaborative tool which help you organize insights and create customer journeys that you can share with others. We refer to this product, together with our other services and website as “Service” in this policy.
1. What information we collect about you
We collect information about you when you provide it to us, when you use our Service, and when other sources provide it to us. We describe this below.
Information you provide to us
We collect information about you when you input it into the Service or otherwise provide it directly to us, such as:
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile. For example, you provide your contact information and, in some cases, billing information when you register for the Service.
Content you provide through our product: When you use our Service we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Content also includes the files and links you upload to the Service. Examples of content we collect and store include: files you attach to a card, the name of a map, card, lane, or team, descriptions of items or tasks on cards, comments you enter on a card and background image uploads.
Information you provide through our support channels: The Service also include customer support, where you may choose to submit information about a problem you are experiencing with our Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you might be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Payment Information: We collect certain payment and billing information when you register for our paid Service. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing Service.
Information we collect automatically when you use the Service
We collect information about you when you use our Service, including browsing our website and taking certain actions within the Service.
Your use of the Service: We keep track of certain information about you when you visit and interact with any of our Service. This information includes the features you use; the cards, maps, teams and other links you click on; the type, size and filenames of attachments you upload to the Service; frequently used search terms; and how you interact with others on the Service.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Service. This device information includes your connection type and settings when you install, access, update, or use our Service. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Service.
Information we receive from other sources
We receive information about you from other Service users, from third party Service and related companies, and from our business and channel partners.
Other users of the Service: Other users of our Service may provide information about you when they submit content through the Service. For example, you may be mentioned by someone else on a card. We also receive your email address from other Service users when they provide it in order to invite you to the Service. Similarly, an administrator may provide your contact information when they designate you as another administrator for a map, card, team or account.
Custellence Partners: We work with a global network of partners who provide consulting, implementation, training and other Service around our products. Some of these partners also help us to market and promote our product, generate leads for us, and resell our product. We receive information from these partners, such as billing information, billing and technical contact information, company name, what products you have purchased or may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.
2. How we use information we collect
Below are the specific purposes for which we use the information we collect about you.
To provide our Service and personalize your experience: We use information about you to provide our Service to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Service.
For research and development: We always look for ways to make Custellence smarter, faster, secure, and useful to you. We use collective learnings about how people use our Service and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Service.
To communicate with you about the Service: We use your contact information to send transactional communications via email and within the Service, including confirming your purchases, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. Depending on your settings, we send you email notifications when you or others interact on the Service, for example, when you are @mentioned on a card or when you are added to a map. We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the Service may automatically trigger a feature or third-party app suggestion within the Service that would make that task easier. We also send you communications as you onboard to our Service to help you become more proficient in using that Service. These communications are part of the Service and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote, and drive engagement with the Service: We use your contact information and information about how you use the Service to send promotional communications that may be of specific interest to you, including by email and by displaying ads on other companies’ websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Service, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers and promotions. You can control whether you receive these communications as described below under “Opt-out of communications.”
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Service.
For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Service, with your permission.
Legal bases for processing (for EEA users): If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Service you use and how you use it. This means we collect and use your information only where:
- We need it to provide you the Service, including to operate the Service, provide customer support and personalized features and to protect the safety and security of the Service;
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Service and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Service.
3. How we share information we collect
We make collaboration tools, and we want them to work well for you. This means sharing information through the Service and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.
Sharing with other Service users
When you use the Service, we share certain information about you with other Service users.
For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Service display some or all of your profile information to other Service users when you share or interact with specific content. For example, when you comment on a card, we display your profile picture and name next to your comments so that other users with access to the card understand who made the comment. Similarly, when you join a team, your name, profile picture and contact information and will be displayed in a list for other team members so they can find and interact with you. Please be aware that some maps can be made publicly available, meaning any content posted on that map, including information about you, can be publicly viewed and indexed by and returned in search results of search engines. You can check the map settings at any time to confirm whether a particular map is public or private.
Managed accounts and administrators: If you register or access the Service using an email address with a domain that is owned by your employer or organization, or associate that email address with your existing account and such organization wishes to establish a Custellence account, certain information about you including your name, profile picture, contact info, content, and account use may become accessible to that organization’s administrator and other Custellence service users.
Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Service.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other Service for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform Service on our behalf, they do so under instruction from us, including abiding by policies and procedures designed to protect your information.
Custellence Partners: We work with third parties who provide consulting, sales, support and technical service to deliver and implement customer solutions around the Service. We may share your information with these third parties in connection with their Service, such as to assist with billing and collections, to provide localized support, and to provide customizations.
Links to Third-Party Sites: The Service may include links that direct you to other websites or Service whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
With your consent: We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and Service, (d) protect Custellence , our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
4. How we store and secure information we collect
Information storage and security
We use data hosting service providers in the EU (Ireland) to host the information we collect, and we use technical measures to secure your data. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We will respond to requests about this within a reasonable timeframe. For more details, please refer to our Operations and Security policy
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information until you delete your account. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve our Service. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyze personal characteristics about you.
Information you share on the Service: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Service. For example, we continue to display comments and content you provided to maps or cards.
Managed accounts: If the Service are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see “Managed accounts and administrators” above.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences unless you specifically ask us to delete such information. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
5. How to access and control your information
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations. We will respond to requests about this within a reasonable timeframe.
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Service and using settings available within the Service or your account. Where the Service are administered for you by an administrator (see “Notice to End Users” below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information: Our Service gives you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account, and you can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate membership to a map or team: You or an administrator can deactivate your access to a map or team. If you can deactivate your own access, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact Custellence support. Please be aware that deactivating access to a map, team or account does not delete your information from that map, team or account; your information remains visible to other Service users based on your past participation within the Service. For more information on how to delete your information, see below.
Delete your information: Our Service gives you the ability to delete certain information about you from within the Service. For example you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. For example, if you believe a Custellence account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Service. You can opt out of some notification messages in your account settings.
Turn off Cookie Controls: Relevant browser-based cookie controls are described in our Cookies & Tracking Notice.
Send “Do Not Track” Signals: Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Service do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you create on the spaces under your sole control, like your own maps.
6. Other important privacy information
Notice to End Users
Our products are intended for both personal use and use by organizations. Where the Service are made available to you through an organization (e.g. your employer), that organization is the administrator of the Service and is responsible for the end-users. If this is the case, please direct your data privacy questions to your administrator, as your use of the Service is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.
Even if the Service are not currently administered to you by an organization, if you are a member of a team administered by an organization, or if you use an email address provided by an organization (such as your work email address) to access the Service, then the administrator of that team or the owner of the domain associated with your organizational email address (e.g. your employer) may assert administrative control over your account and use of the Service at a later date. You will be notified if this happens.
Map, team, and account administrators are able to restrict your access to and privileges within the respective map, team or account the administrator controls. In some cases, account administrators can also:
- require you to reset your account password;
- restrict, suspend or terminate your access to the Service or your account;
- control your ability to edit, restrict, modify or delete account information;
- change your account information, including profile information or the email address associated with your account;
- access information in and about your account; and
- access or retain information stored as part of your account
If you do not want an administrator to be able to assert control over your account or use of the Service, you should deactivate your membership with the relevant map, team or account or remove any email addresses containing a domain owned or controlled by the administrator entirely from your account. Once an administrator asserts control over your account or use of the Service, you may no longer be able to withdraw membership or change the email address associated with your account without administrator approval.
Please contact your organization or refer to your administrator’s organizational policies for more information.
Our policy towards children
The Service are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.
Your information is controlled by Custellence Enterprise. If you have questions or concerns about how your information is handled, please contact us at firstname.lastname@example.org