In accordance with our commitment to protect personal privacy, WizRocket Inc. and its U.S. operating subsidiaries (including those entities listed in Exhibit A) (collectively referred to as “CleverTap”, “we,” “us,” or “our”) provides its customers (“Customers”) with the ability to analyze how their end users (“Customer End Users”) interact with Customer website(s) or mobile application(s) and the ability to contact Customer End Users via the CleverTap service platform (the “CleverTap Service”). Customers’ users of the Service and other representatives of our Customers (collectively, “Customer Representatives”) interact with CleverTap to establish, maintain and manage their use of the CleverTap Service. CleverTap has certified to the Department of State that it adheres to the Privacy Shield Principles (“Principles”). If there is any conflict between this Policy and the Privacy Shield Principles, then the Privacy Shield Principles shall prevail. To learn more about the Privacy Shield Program and to view our certification, please visit https://www.privacyshield.gov/welcome. A list of participants can be found at https://www.privacyshield.gov/list.
The Federal Trade Commission (FTC) has jurisdiction over CleverTap’s compliance with the Privacy Shield.
All CleverTap employees who handle Personal Data from Europe and/or Switzerland are required to comply with the Principles stated in this Policy.
SCOPE OF THIS PRIVACY SHIELD POLICY
This Policy applies to the processing of Personal Data that CleverTap receives or collects in the United States or transfers to the United States concerning Individuals who reside in the European Union or Switzerland.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
Standard Contractual Clauses in the CleverTap Data Processing Addendum provide a valid mechanism to ensure necessary protection for data transfers from EU Data Controllers. Additionally, CleverTap continues to abide by Privacy Shield principles under both EU and Switzerland frameworks.
TYPES AND USES OF COLLECTED INFORMATION
The types of information that we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with CLEVERTAP and the requirements of applicable law. This section describes how we collect and use that information. This includes an overview of the type of information that we collect directly and automatically, the types of information that we receive from other sources, and why we collect that information.
CleverTap collects both Personal Data and Non-Personal Data:
Personal Data.“Personal Data” is information relating to a specific identified or identifiable person. Generally, CleverTap collects two types of Personal Data, Personal Data from Website users, Customer Representatives, and Personal Data from Customer End Users.
- Website users
CleverTap collects several types of information from and about users of our Website, including information by which you may be personally identified, such as name, company name, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“identifiers”). We may also collect from job candidates, in the nature of professional or employment-related information, including education, employment, and employment history.
- Personal Data of Customer Representatives
CleverTap collects Personal Data from Customer Representatives relating to Customer accounts and management of them. For instance, when Customer Representatives engage in certain activities via the CleverTap Service, including but not limited to creating an account, sending feedback, or otherwise using or participating in the CleverTap Service (collectively, “Identification Activities”), we may ask Customer Representatives to provide certain information. If they elect to engage in an Identification Activity, however, we may ask them to provide us with certain Personal Data, such as name, address (including zip code), email address and/or telephone number. Depending on the Identification Activity, some of the information we ask Customer Representatives to provide may be identified as mandatory and some identified as voluntary. If Customer Representatives do not provide the mandatory information for a particular Identification Activity, they will not be permitted to engage in that Identification Activity with the CleverTap Service.
As Customer Representatives navigate the CleverTap Service, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from Customers Representatives’ Web browsers (such as browser type and browser language), their Internet Protocol (“IP”) address, and the actions they take on the CleverTap Service (such as the Web pages viewed and the links clicked).
Through our “import Customer End Users” feature option, a Customer Representative may also provide us with Personal Data about other Customer Representatives such as the name, company name, address, phone number, email address, and/or IP address of the Customer Representatives that you choose to share with us. When you provide us with Personal Data about Customer Representatives that have not provided Personal Data to us, we will only use this information for the specific reason for which it is provided, such as to add new records to your CleverTap account, or as agreed in the applicable agreement with Customer.
- Customer End User Data
CleverTap’s Customers may electronically submit Customer End User Data to the CleverTap Service. CleverTap will not review, share, distribute, or reference any such Customer End User Data except as provided in CleverTap’s applicable agreement with Customer, or as may be required by applicable law. CleverTap acknowledges that Customer End Users have the right to access their Personal Data. If Personal Data pertaining to a Customer End User has been submitted to us by a Customer, and a Customer End User wishes to exercise any rights it may have to access, correct, amend, or delete such Personal Data, the Customer End User should inquire with the Customer directly. Because CleverTap personnel have limited ability to access data our Customers submit to the CleverTap Service, if a Customer End User wishes to make a request directly to CleverTap, please provide the name of the Customer who submitted your data to the CleverTap Service. We will refer your request to such Customer and will support them as needed in responding to your request within one month; provided that (i) such period may be extended by up to 2 additional months when necessary, taking into account the complexity and number of the requests and (ii) CleverTap shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.
Non-Personal Data. “Non-Personal Data” is information that does not identify a specific person.
- Website users
CleverTap collects several types of information that is about you but individually does not identify you, information comprising communications with you, about your browsing sessions using the Website (Internet activity information), including, but not limited to, browsing history, search history, and information regarding a user’s interaction with the Website and/or geolocation information (based on IP address).
We use Non-Personal Data to provide products and/or services to Customer Representatives, enhance the operation of the CleverTap Service, troubleshoot, administer the CleverTap Service, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third-Party Service Providers to measure the overall effectiveness of our products and services.
- Non-Personal Data from Customer End Users
CleverTap’s Customers may electronically submit Non-Personal Data from Customer End Users to the CleverTap Service. CleverTap will not review, share, distribute, or reference any such Non-Personal Data except as provided in CleverTap’s applicable agreement with Customer, or as may be required by applicable law. CleverTap uses such Non-Personal Data for the purpose of enhancing or providing the CleverTap Service.
Other Tracking Devices. When you access the CleverTap Service, or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the CleverTap Service, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our marketing partners for the same purposes.
For sensitive information (e.g., that specifying medical/health conditions, racial/ethnic origin, political or religious beliefs, or sex life of the individual), organizations must obtain affirmative, express consent (opt-in) from individuals if such information is to be (i) disclosed to a third party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice.
DISCLOSURES AND ONWARD TRANSFERS OF PERSONAL DATA
In order to operate our websites and provide services, we may provide personal, aggregate and other associated data to third parties including our services providers and vendors that provide or perform services for us, including services such as payment processing, database management, and professional services. CleverTap discloses Personal Data only to third parties who reasonably need to know such data for the scope of the initial transaction and not for other purposes.
Such third parties must agree to use the personal data only for the purpose for which they have been engaged by CleverTap and confirm that their privacy practices are consistent with this Policy.
On occasion, we may also share Personal Data concerning a visitor with our affiliates (such as a subsidiary or affiliate of our company) and Clients in furtherance of our operations and as needed to implement visitor request.
We remain responsible for the Personal Data that we share with third parties for processing on our behalf, and we remain liable under the Principles if such third parties process such Personal Data in a manner inconsistent with the principles and we are responsible for the event giving rise to the damage.
Please be aware that CleverTap may be required to disclose Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
European Union (EU) or the United Kingdom (UK) residents
The EU and UK’s General Data Protection Regulation (GDPR) specifies that EU and UK residents have the following rights regarding the collection, storage, and processing of their personal information:
- Be informed
- Restrict processing
- Data portability
- To object
- To not be subject to a decision based solely on automated processing, including profiling
- To lodge a data protection complaint with your local supervisory authority
In compliance with both the EU and UK’s GDPR, CleverTap commits to resolving applicable inquiries and requests related to these rights. Residents of the EU and UK can send us an email to firstname.lastname@example.org.
EU-U.S. Privacy Shield Framework Compliance
In compliance with the EU-U.S. Privacy Shield Principles, CleverTap commits to resolving complaints about your privacy and our collection or use of your personal information. Residents of the EU and Switzerland with inquiries or complaints can send us an email at email@example.com.
CleverTap has further committed to refer unresolved Privacy Shield complaints to BBB EU Privacy Shield, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/bbb-eu-privacy-shield-consumers/ProcessForConsumers for more information or to file a complaint. The services of BBB EU Privacy Shield are provided at no cost to you.
As a last resort, for complaints left unresolved by all other available mechanisms, EU residents may invoke binding arbitration before the Privacy Shield Panel. The Privacy Shield Panel is an “arbitration mechanism” made up of three neutral arbitrators, meaning that it settles disputes without going to court. Its decisions, however, are binding and enforceable in U.S. courts. EU individuals can invoke arbitration through the Privacy Shield Panel, under limited conditions (in particular, the prior exhaustion of certain other redress possibilities).
CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Principles and applicable data protection and privacy laws. If we make any material changes we will notify visitors by means of a notice on our website prior to the change becoming effective. We encourage visitors to periodically review this page for the latest information on our privacy practices.
For the purposes of this Policy, the following terms have the following meaning;
Personal Data as defined under the European Union Regulation 2016/679 (the GDPR) means any information relating to an identified or identifiable natural person (‘data subject’)
Data Subject means an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
Sensitive Data (or special categories of personal data) means specifically personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, concerning health, genetic and biometric data, sex life, or sexual orientation. The same extra safeguards under the GDPR will apply to criminal convictions and offences data.