The capitalized terms used in this Notice but not defined herein shall have the same meaning as defined in the Terms of Service at https://merfantz.com/legal/msa.
1. WHOM DOES THIS NOTICE APPLY TO?
This Notice applies to the processing of Personal Data collected by us when you :
- Use our Service(s) whether it is through our web platform or our mobile applications. This notice is then applicable to our Customers, and their Users
- Visit our websites.
- Visit our Offices.
- Receive communications from us.
- Register for, attend or take part in our events, webinars or contests hosted by us.
We also make available for you an online marketplace platform where you can download applications developed by Merfantz or by third parties. When applications are provided by us and the application links to this Notice, the Notice will apply. When applications are provided by third parties, the privacy statement of the third party will only apply.
2. WHAT PERSONAL DATA DOES Merfantz COLLECT?
A) Personal Data we collect directly from you (“Collected Data)
1) Sign-up, billing and Account information.
When you subscribe and sign-up to any of our Service(s), we may collect your (i) contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number of the Account admin; (ii) billing information, such as credit card number and billing address; (iii) name and e-mail address when Account admin/Agent(s) provide feedback from within the Service(s); and (iv) unique identifiers, such as username, account number or password.
2) Merfantz Careers.
When you apply for an open position by populating the application form, we may collect your (i) contact information, such as name, email address, mailing address, phone number, links to your social networking profiles; and (ii) any other information contained in the resume that you submit to us.
Subject to this Notice, we will use such data to evaluate you for the open position that you have applied for or any position that we consider you suitable for at the time you submit your resume or at any later date. Unless you notify us otherwise by an e-mail to firstname.lastname@example.org, we will retain such data for a period of 1 year for archival purposes. If you wish to update the data you provided to us, you may do so by contacting us at email@example.com.
For the purposes of evaluating you for an open position, you understand that we may internally rate you based on parsing of your resume and your information. If you do not wish to be rated by us, please do not provide us your information.
3) Personal Data provided at Merfantz’ Events.
When you attend an event conducted by Merfantz, including webinars or seminars, we may collect your contact information such as name, e-mail address, phone number, designation and company name. If you attend any user conferences hosted by us at physical location where we serve food and other refreshments, we collect information about your food preferences and allergies.
4) Program Registrations.
When you register for any of our programs through a registration form on our Websites, we may collect information such as name, e-mail address, company name, designation, company website URL, IP address, location and contact information.
5) Participation to Public forums, Community platform, Forms and Newsletters.
When you visit or register our publicly accessible community forums and blogs or submit any forms on our Website, you should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Further, we may collect your (i) contact information such as name, e-mail address, mailing address, or phone number; (ii) information about your business, such as company name, company size, business type; and (iii) a short bio about you to identify you as the author of the post. When you actively subscribe to our newsletters, we collect your e-mail address to share our newsletters with you.
6) Service Data
When you use our services, we process the Service Data as instructed by you in accordance with the Data Processing Addendum or Data Processing Agreement. We perform analytics on those data to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) respond to customer service requests, questions and concerns; and (iv) for product improvement purposes.
7) Usage Data, and Cookies
We use commonly used tools to automatically collect information that may contain Personal Data from your computer or mobile device as you our visit our Websites, use our application or in general our Service(s).
a. Cookies and Similar Technologies.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Websites (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We link this automatically Collected data to other data we collect about you.
b. Mobile Applications.
When you download, install and use our Mobile Applications, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).
We use mobile analytics software to allow Us to better understand the functionality of our Mobile Software on your phone. This Software may record certain information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal data you submit within the Mobile Applications.
c. Usage Data
In addition to the information mentioned in Clause 7 (a) above that we automatically collect, , we also collect clicks, scrolls, conversion and drop-off on our Websites and Service(s) to render user journey at real-time. Subject to this Notice, we will use such data and Service Data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) respond to customer service requests, questions and concerns; and (iv) for any analytical purposes.
d. Single sign-on
You can log in to our Websites using sign-in services such as Google, Facebook Connect and LinkedIn. These services will authenticate your identity and provide you the option to share certain Personal Data with us such as your nayame and e-mail address. Services like Google, Facebook Connect, Twitter, LinkedIn give you the option to post information about your activities on our Websites to your profile page and to share information with others within your network.
e. Social media features and third party cookies
Our Websites includes social media features, such as the Facebook “Like” button, the “Share This” button or interactive mini-programs. Where you interact with these features, they may collect your IP address, which page you are visiting on our Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy notice of the company providing them. Please see our Cookies Policy for further information.
If you provide us or our service providers with any Personal Data relating to other individuals, including End-User data or your employee’s data, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Statement.
B) Information that we collect from third party
From time to time, we may receive personal information about you from third party sources like databases and social media but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.
The types of information we obtain from such third parties include your name, e-mail address, postal address, location, designation, telephone number and we use the information we receive from these third parties to maintain and improve customer support experience, improve the accuracy of the records we hold about you and for our sales and marketing purposes.
3. WHY DO WE PROCESS PERSONAL DATA AND WHAT ARE THE LEGAL BASES WE RELY ON ?
We collect and process your Personal Data for the following purposes:
- Providing you with the Service(s), administer your account, assess the needs of your business to or suggest suitable Service(s) and respond to service requests, questions or concerns: we process your Personal Data for these purposes to perform our contract with you or based on our Legitimate Interest.
- Based on our Legitimate Interest : to perform analytics, train our algorithms, improve, enhance, develop, support and operate the Services and its availability, compile statistical reports and record insights into usage patterns, develop new products and services using machine learning technologies and more generally to better serve you and be able to provide you with customized content and features.
- Based on our Legitimate Interest or on your Consent : to send you promotional and marketing communications); to send you communication from the Services (s). On the mobile app : to send receiving push notifications about any events or promotions that we may be running and/or update you about new features to our Service(s); If you no longer wish to receive these communications, you can opt out by following the instructions set out in clause 9 below.
- facilitate your transactions with other users when you use our Service(s).
- Based on our legitimate interest: to prevent or respond to any misuse of our Services or Applications or any violations of our Terms and any applicable laws.
- Based on your consent : we may post your testimonials/comments/reviews on our Websites which may contain your Personal Data. Prior to posting the testimonial, we will obtain your consent to post your name along with the testimonial. If you want your testimonial to be removed, please contact us at firstname.lastname@example.org.
- To send you communications related to an event or a webinar to which you registered. We process your Personal Data for this purpose to perform our contract with you or based on our Legitimate Interest.
- Based on our contract with you: we will process your personal data to the extent necessary to collect your subscription fees.
- To respond to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, police request or other legal process served on us.
4. WITH WHOM DO WE SHARE PERSONAL DATA
We process Personal Data in the United States and the European Economic Area (“EEA”) and in other countries through third parties that we may use. You may refer to the page here for more information on hosting options.
We may also share your Personal Data as follows:
- With third party assisting Merfantz in providing you the Service(s) (“Sub-Processors” listed here). Our Sub-Processors are given access to Customer’s Account and Service Data only as reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations in their service agreements;
- With third party service providers providing services, such as research and analytics, anti-spamming and anti-phishing services, marketing and data enrichment or for them to reach out to you on our behalf;
- For Freshinbox users : with third parties (sub contractors) to permit such parties to provide services that help us to provide our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Services, among other things. The data shared is limited to your name, email address, the company information and your communication history. This will never include sharing any email data which we have access to through the Gmail Restricted Scopes (the Gmail Restricted Scope designates certain Google OAuth API scopes which are subjected to additional security and privacy requirements as mentioned in Google’s API Services User Data Policy for your account). For example, we may provide personal information to our sub-contractors for direct emailing of our newsletters or notifications of our product/service offerings. All third parties are engaged under contract and obliged to meet appropriate security requirements and comply with all applicable legislation;
- With third-party payment processors who process your credit card and other payment information for Merfantz but are otherwise not permitted to store, retain or use such information;
- With third party partners for the purpose of assisting us in onboarding you and providing any further support needed to use our Service(s);
- With sponsors of contests for which you register;
- With third-party social media networks, advertising networks and websites;
- With affiliates within Merfantz and companies that we will acquire in the future when they are made part of the Merfantz group for customer support, marketing, technical operations, account management or organizational purposes and to provide, enhance and improve the Service(s);
- If we are involved in a merger, reorganization or other fundamental corporate change with a third party, or sell/buy a business unit to/from a third party, or if all or a portion of our business, assets or stock are acquired by a third party, with such third party including at the due diligence stage. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Data to unaffiliated third party.
All such transfers are covered by the service agreements with the relevant recipients and we have taken appropriate safeguards to ensure that your Personal Data will remain protected in accordance with this Privacy Notice. Further details can be provided upon request.
5. INTERNATIONAL TRANSFER OF DATA AND PRIVACY SHIELD COMPLIANCE
We may share your Personal data with our affiliates. The addresses of our affiliates can be found here. Any transfers of Personal Data under this Data Privacy Addendum from the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom to countries which do not ensure an adequate level of data protection within the meaning of Data Protection Laws and Regulations of the foregoing territories, is to be made based on the Standard Contractual Clauses set forth in appendix to this addendum. Merfantz further commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship. With respect to Personal Data received or transferred to the United States, Merfantz Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Merfantz Inc. and/or its Group Companies may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
6. HOW DOES Merfantz KEEP PERSONAL DATA SECURE?
We use appropriate technical and organizational measures to protect the Personal Data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data.
While information security risks are always evolving, so are the controls. The controls, so implemented, are periodically reviewed as part of internal and external audits. If you have questions about the security of your Personal Data, please contact us immediately as described in this Privacy Notice.
7. EEA AND SWISS SPECIFIC RIGHTS
If you are an individual resident in EEA or Switzerland, you have the following data protection rights regarding Collected Data:
- If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us.
- You can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.
- Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.
If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which forms a part of Collected Data, please contact us at email@example.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws.
B) Service Data
We acknowledge that you have the right to access your Personal Data. Merfantz has no direct relationship with the individuals whose Personal Data it processes. If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which is part of the Service Data and processed by us on behalf of our Customer or if you are an End-User of one of our Customers and would no longer like to be contacted by one of our Customers that uses our Service(s), you should direct your query to our Customer i.e, the controller. if requested to remove data, We will respond within a reasonable timeframe.
If you are a Customer of our Service(s) and wish to raise a Request on behalf of your Users and End-Users in connection with Service Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.
8. CALIFORNIA-RESIDENT SPECIFIC RIGHTS
To the extent you are a ‘consumer’ as defined under the California Consumer Privacy Act of 2018 (“CCPA”) and Merfantz is a ‘business’ as defined under CCPA, the following applies to you:
Subject to the provisions of the CCPA, you have the right to request in the manner provided herein, for the following:
a. Right to request for information about the:
- Categories of Personal Data Merfantz has collected about you.
- Specific pieces of Personal Data Merfantz has collected about you.
- Categories of sources from which the Personal Data is collected.
- Business or commercial purpose for collecting Personal Data.
- Categories of third parties with whom the business shares Personal Data
b. Right to request for deletion of any Personal Data collected about you by Merfantz.
If you seek to exercise the foregoing rights to access or delete Personal Data which constitutes ‘personal information’ as defined in CCPA, please contact us at firstname.lastname@example.org or write to us here. We respond to all requests we receive from you wishing to exercise your data protection rights within a reasonable timeframe in accordance with applicable data protection laws. By writing to us, you agree to receive communication from us seeking information from you in order to verify you to be the consumer from whom we have collected the Personal Data from and such other information as reasonably required to enable us to honour your request.
The list of categories of Personal Data collected and disclosed about consumers are enlisted under the head ‘WHAT PERSONAL DATA DOES Merfantz COLLECT?” and the list of categories of third parties to whom the Personal Data was or may be disclosed are enlisted under the head ‘WITH WHOM DO WE SHARE PERSONAL DATA?’. Separately, Merfantz does not sell your Personal Data.
The Lei Geral de Proteção de Dados (LGPD) is a Brazilian data protection law that provides data rights for individuals and introduces compliance responsibilities for organizations such as Merfantz. The LGPD grants Brazil residents greater control over their personal data and gives national regulators new powers to impose significant fines on organizations that breach this law. The LGPD creates rights and protections similar to those created for European residents by the GDPR. At Merfantz we take a global approach to ensure all members benefit from increased control and clarity, which is in line with our commitment to putting our Customers first and working every day to maintain the trust they put in us.
If you are a Brazilian national you have rights under the LGPD, including the right to take the following actions:
- Access your personal data
- Correct errors in your personal data
- Erase your personal data
- Object to the processing of your personal data
- Export your personal data
To make a request regarding your personal data please click here
10. OPTING OUT PROCEDURE
If you no longer wish to receive marketing communications from Merfantz, you may click on the “unsubscribe” link located on the bottom of our marketing emails or you can contact us at email@example.com. When using our Mobile Applications, you also have the option to turn off push notifications.
If you would like to object to the use of your personal data for analytics, you can contact us at firstname.lastname@example.org
11. OTHER COMMUNICATIONS
If you are our Customer, we will send you announcements (email or in product notifications related to the Service(s) on occasions when it is necessary to do so. For instance, if our Service(s) is temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may deactivate your Account.
12. RETENTION OF PERSONAL DATA
If you wish to request that we no longer use your Collected Data, please contact us at email@example.com.
Personal Data contained in the Service Data is retained and deleted in accordance with the Terms.
Notwithstanding the foregoing, we will retain Collected Data and Service Data as necessary to comply with our legal obligations, for litigation/defense purposes, maintain accurate financial and other records, resolve disputes, and enforce our agreements.
13. LINKS TO THIRD PARTY SITES
Our Websites contain links to other websites that are not owned or controlled by Merfantz. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects Personal Data.
14. GOOGLE API DISCLOSURE
Merfantz has developed a functionality that allows its customers to connect their Gmail mailbox using Oauth with our products. Connection your Gmail mailbox to your Merfantz account allows Merfantz to associate your account with your personal information on Google, to see your personal information, including any personal information you have made available, to view your email address and access your emails in order to create them as a ticket in our products. The connection will further allow you to respond to your emails directly from our product and to delete them once they are fetched into our product.
Merfantz’s use of information received from Google APIs will adhere to Google API Services User Data Policy’s App’s, including the Limited Use requirement.
15. CHILDREN’S PERSONAL DATA
Merfantz does not knowingly collect any Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through our Websites or Service(s). We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Notice by instructing their children never to provide Personal Data through our Service(s) or Websites without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through our Websites or Service(s), please contact us and we will endeavor to delete that information and terminate the child’s account from our databases.
Amendments to this Notice will be posted to this URL and will be effective when posted. If we make any material changes, we will notify you by means of a conspicuous notice on this Website or via e-mail or via in-product notification. We will not be notifying you if we amend the Notice to make addition, deletions or modifications to the list of cookies from time to time to keep the list of cookies current and accurate. You should frequently visit this Notice to stay fully informed. Your continued use of our Websites or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Websites or Service(s), if you do not accept the terms of this Notice, or any modified version of this Notice.
17. EFFECT OF MERGER OR ACQUISITION
In the event Merfantz goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customer’s Account, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Websites to intimate you of any such change in ownership or control and Customers will be notified via an e-mail from firstname.lastname@example.org.
18. CONTACTING Merfantz
If you have any questions about this privacy notice or our privacy practices, you can contact us at email@example.com or via postal mail at Merfantz Inc., 2950 S.Delaware Street, Suite 201, San Mateo, CA 94403 at the attention of the Data Protection Officer with a copy to firstname.lastname@example.org.