GDPR Privacy Notice
GDPR Privacy Notice:
We are a data processor of the Platform Data. When serving as a processor, we have certain obligations under GDPR including only processing personal data at our customers’ instructions reflected in the applicable Master Services Agreement, providing assistance with fulfilment of rights requests, and implementing appropriate security for personal data. We will forward any inquiries, complaints, or requests received from data subjects with respect to the Platform Data to the appropriate customer and await instructions before taking any action.
Controller Disclosure & Details:
We are a data controller of personal data regarding the following EEA Individuals: Prospective/current customers (including customers’ end-users of our Platform) and vendors (“Business Contacts”) and our Site visitors (“Site Visitors”) for the purposes and under the legal bases described in the table below. Please note that, in some cases, the categories of data subjects above may overlap (e.g., Business Contacts using the Site).
Data Subject Category: General ( applies to all data subjects below)
Purpose & Legal Basis of Processing:
Information Security:Our web servers will log your IP address and other information (e.g., browser information, operating system, request date/time, user agent string, referral and exiting URL) in order to maintain an audit log of activities performed. We use this information pursuant to our legitimate interests in tracking Site and Platform usage, combating DDOS or other attacks, and removing or defending against malicious visitors on the Site and Platform.
Data Subject Category: Business contacts
Purpose & Legal Basis of Processing:
Direct Marketing: Our legitimate interest in sending current or prospective customers email marketing;
Platform Demonstrations: Our legitimate interest in setting up demos with prospective customers pursuant to their request
General Business Development: Our legitimate interest in furthering business relationships, ensuring customer satisfaction, and answering inquiries.
Data Subject Category: Site visitors
Purpose & Legal Basis of Processing:
Web Audience Measurement and Retargeting: Our legitimate interest in use of Google Analytics to understand how Site Visitors interact with the Site and where such Site Visitors are located (up to city-level only) in order to optimize the Site experience. Note that the last octets of Site Visitors’ IP Addresses have been anonymized and ‘Sharing With Google’ and ‘Demographics/Advertising’ features have been disabled within Google Analytics.
We also utilize AdRoll, a third-party marketing provider, to ‘retarget’ Site Visitors pursuant to their consent. AdRoll will drop a cookie on the Site Visitors’ browser when they visit the Site and may show a DealCloud ad on other websites.
Our representative in the European Union is DealCloud Limited, located at Aviation House, 125 Kingsway, Office 02A11, London WC2B 6NH, UK.
Our sales, marketing, and finance teams process Business Contacts and Site Visitor information internally and with our affiliate, DealCloud Limited, and such information is also disclosed to the following recipients:
- Microsoft Azure (EU West and EU North): Cloud-based storage provider
- MailChimp (US): Cloud-based marketing automation platform
- Dropbox (US): Enterprise solution for secure file share
- Google Analytics (US): Site audience measurement
- AdRoll (US): Retargeting solution
- Zendesk (US): Support ticket system
- FreshDesk (US): Support ticket system
We will retain the personal data of prospective customers within MailChimp and our internal DealCloud portal for seven (7) years, as, historically, we have seen that prospective customers convert into paying customers within such time period. At that point, the prospective customer will have to sign up for marketing or affirmatively demonstrate interest in the Platform. This retention period may be extended for prospective customers that are in current negotiations with DealCloud near the end of such retention period.
Current customers’ personal data will be retained until the relationship terminates, at which point their personal data will be retained within MailChimp and our internal DealCloud portal for seven (7) years for finance and tax purposes and in case of repeat business. At that point, the former customer will have to sign up for marketing or affirmatively demonstrate interest in the Platform.
Personal data relating to contractual and other legal documentation, such as with our customers or suppliers, will be retained permanently.
Emails sent to DealCloud will be retained for 7 years from the date of receipt.
Google Analytics data will be retained for 14 months from the date of receipt.
Your GDPR Rights:
As a natural person, you have a right to: (i) request access to, correction and/or erasure of your personal data; (ii) object to processing of your personal data; (iii) restrict processing of your personal data; and (iv) request a copy of your personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. You may exercise these rights and submit a GDPR complaint by contacting: email@example.com the subject line “GDPR Notice.”
You also have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority, and, as applicable, to exercise third-party beneficiary rights under DealCloud’s Standard Contractual Clauses.
Contact details for the EU data protection authorities can be found at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Objecting to Legitimate Interest/Direct Marketing:
You may object to personal data processed pursuant to our legitimate interest. In such case, we will no longer process your personal data unless we can demonstrate appropriate, overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. You may also object at any time to processing of your personal data for direct marketing purposes by clicking “Unsubscribe” within an automated marketing email or by submitting your request to firstname.lastname@example.org with the subject line “GDPR Notice.” (the latter for instances where, for example, you would not like to receive follow-ups from our sales team). In such case, your personal data will no longer be used for that purpose.
Transfer of Personal Data outside the EEA:
We are self-certified under the EU-US and Swiss-US Privacy Shield for transfer of your personal data to our data centers located in the US for various processing activities, and you may have specific rights under the Privacy Shield (see Privacy Shield specific provisions below). When transferring your personal data to our agents, service providers, or controllers (such as our customers) in other countries that have not received an ‘adequacy decision’ by the European Commission, we ensure that these recipients commit to upholding the Principles of the Privacy Shield. We may also rely on appropriate Standard Contractual Clauses with such recipients to ensure adequate protection for your personal data.
Governmental Access Requests:
DealCloud may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this Notice. This Notice shall be binding upon DealCloud and its legal successors in interest.
Updates to this Notice:
If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this Notice, and the “Effective Date” at the top of this page will be updated accordingly.
How to Contact Us:
DealCloud is located at 129 West Trade St., Suite 1025, Charlotte, NC 28202. Please use this address or, preferably, reach out to email@example.com for any questions, complaints, or requests regarding this Notice; please include the subject line “GDPR Notice.”
E.U.-U.S. and Swiss-U.S. Privacy Shield Notice
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, DealCloud is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In compliance with the Privacy Shield Principles, DealCloud commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us at firstname.lastname@example.org with the subject line “Privacy Shield.”
DealCloud has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Onward Transfer to Third Parties under the Privacy Shield:
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
DealCloud’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, DealCloud remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless DealCloud proves that it is not responsible for the event giving rise to the damage.
Opt-In and Opt-Out to Certain Onward Transfers under the Privacy Shield:
Individuals have the opportunity to opt-out of sharing of their personal data with third parties other than our agents or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to email@example.com with the subject line “Privacy Shield.”
We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. In addition to any consent mechanisms on the Site, you may provide your consent by sending us an email at firstname.lastname@example.org with the subject line “Privacy Shield.” In each instance, please allow us a reasonable time to process your response.
Your Privacy Shield Rights:
Upon request to email@example.com with the subject line “Privacy Shield,” we will provide you with confirmation as to whether we are processing your personal data pursuant to the Privacy Shield, and have such data communicated to you within a reasonable time. You have the right to access, correct, amend, or delete the personal data processed pursuant to the Privacy Shield where it is inaccurate or has been processed in violation of our privacy disclosures to you. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.
Retention of Personal Information under the Privacy Shield:
We will retain the personal information processed pursuant to the Privacy Shield in a form that identifies you pursuant to our data retention periods in Retention above. We may continue processing such personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of our privacy disclosures. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.
How We Protect Your Personal Information under the Privacy Shield:
DealCloud takes very seriously the security and privacy of the personal information that it collects pursuant to the Privacy Shield. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.