Privacy Policy Last Updated: May 24,  2018 – Version 2.0

We at Aptrinsic know you care about how your personal information is used and shared, and we take your privacy seriously.  Please read the following to learn more about our Privacy Policy.  By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Aptrinsic’s Services is at all times subject to the Terms of Use located at www.aptrinsic.com, which incorporates this Privacy Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage.  We gather various types of Personal Information from our customers and our customer’s users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you, to fulfill your requests for certain products and services, to track your users, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at abuse@aptrinsic.com.

Will Aptrinsic ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on www.aptrinsic.com, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them.  If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

What Information does Aptrinsic Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us.  For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, and phone number.  Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services.  Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services.  If you do not want to receive communications from us, please indicate your preference by sending an email to abuse@aptrinsic.com.

Information Collected Automatically:

Whenever you interact with our Services, we automatically receive and record information on our server logs from your and your users’ browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, custom fields you create within our Service, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people.  You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Also, if you click on a link to a third-party website or service, a third party may also transmit cookies to you.  Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.  Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns.  We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

What do you do with my data?

Aptrinsic’s Customers may electronically submit data or information to our SaaS Platform for hosting and processing purposes (“Customer Data”). Aptrinsic will not review, share, distribute, or reference any such Customer Data except as provided in our subscription agreement, or as may be required by law. In accordance with subscription agreement, we may access Customer Data only for the purpose of providing the Services or preventing or addressing service or technical problems or as may be required by law.

Aptrinsic acknowledges that you have the right to access your personal information. If personal information pertaining to you as an individual has been submitted to us by a Salesforce customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our customer directly. Because our personnel have limited ability to access data our customers submit to our Platform, if you wish to make your request directly to Aptrinsic via abuse@aptrinsic.com, please provide the name of the Aptrinsic customer who submitted your data to our Platform. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

Third parties who may receive personal data:

Aptrinsic uses a limited number of third-party service providers to assist us in providing our services to customers. These third party providers offer customer support to our customers, perform database monitoring and other technical operations, assist with the transmission of data, and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services.  We maintain contracts with these third-parties restricting their access, use and disclosure of personal data in compliance with our Privacy Shield obligations, and we may be liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.  We also require companies we have contracts with to have third-party audited security practices, include AICPA SOC1, SOC2, or ISO 27001/18.

How do you handle law enforcement data requests?
The customer, as the data owner, is primarily responsible for responding to law enforcement data requests; however, like other technology and communications companies, Aptrinsic may receive direct requests from governments and courts around the world about how a person has used the company’s services. We take measures to protect customers’ privacy and limit excessive requests while also meeting our legal obligations. Respect for the privacy and security of data you store with Aptrinsic remains our priority as we comply with these legal requests. When we receive such a request, our team reviews the request to make sure it satisfies legal requirements and Aptrinsic’s policies.

Will Aptrinsic Share Any of the Personal Information it Receives?

We do not rent or sell your “Personal Information” to non-agent third parties. If this practice should change in the future, we will update this policy and provide individuals with opt-out choice.

Information that’s been de-identified.  We may de-identify your Personal Information so that you are not identified as an individual, and use that information for reporting and usage aggregation. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such

information) in a manner that would identify you as an individual person.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Today that consists of Google Cloud Platform and BDO for auditing purposes. Our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances, and would be subject to the terms of the “Information that’s been de-identified” section in that regard.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Aptrinsic may be liable for the onward transfer of personal data to third parties.

Protection of Aptrinsic and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Aptrinsic, our employees, our users, or others. Please note that we may be required to release personal data in response to lawful requests from public authorities including to meet national security and law enforcement requirements.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security.  You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password  appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

We acknowledge the right of EU and Swiss individuals to access their personal data. Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

  • name and password
  • email address
  • location
  • inferred industry and personal data

The information you can view, update, and delete may change as the Services change.  If you have any questions about viewing or updating information we have on file about you, please contact us at abuse@aptrinsic.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at abuse@aptrinsic.com.

Are you part of EU Privacy Shield?

Aptrinsic complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Aptrinsic has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Aprtinsic is subject to the regulatory and enforcement authority of the United States Federal Trade Commission (FTC).

In compliance with the Privacy Shield Principles, Aptrinsic commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Aptrinsic at:

abuse@aptrinsic.com

Aptrinsic has further committed to refer unresolved Privacy Shield complaints from EU or Swiss individuals to BBB, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit: https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of BBB EU Privacy Shield are provided at no cost to you.

Finally and under limited circumstances, EU individuals with residual complaints may invoke a binding arbitration option before the Privacy Shield Panel.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may request deletion of your account by emailing support@aptrinsic.com. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Company will be the controller of your Personal Data processed in connection with the Services.

If you have any questions about this notice or whether any of the following applies to you, please contact us at privacy@aptrinsic.com.  Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

Information we collect directly from you:  We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

  • First and last name
  • Email address
  • Activities you take on the Aptrinsic website and within the Aptrinsic product.

Information we receive from third party sources:  Some third parties such as data append services provide us with Personal Data about you, such as the following:

Information from our data append partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.

Information we automatically collect when you use our ServicesSome Personal Data is automatically collected when you use our Services, such as the following:

  • IP address
  • Device identifiers
  • Web browser information
  • Page view statistics
  • Usage information
  • Log data (e.g. access times, hardware and software information)

How Do We Use Your Personal Data?  We process Personal Data to operate, improve, understand and personalize our Services.  For example, we use Personal Data to:

  • Create and manage user profiles
  • Communicate with you about the Services
  • Contact you about Service announcements, updates or offers
  • Provide support and assistance for the Services
  • Personalize application content and communications based on your preferences
  • Meet contract or legal obligations
  • Respond to user inquiries
  • Fulfill user requests
  • Resolve disputes
  • Protect against or deter fraudulent, illegal or harmful actions
  • Enforce our Terms of Service

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

  • Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services.  When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
  • Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties. Examples of these legitimate interests include:
    • Operation and improvement of our business, products and services
    • Marketing of our products and services
    • Provision of customer support
    • Protection from fraud or security threats
    • Compliance with legal obligations
    • Completion of corporate transactions
  • Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
  • Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data?  We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

  • Fraud prevention service providers
  • Data append service providers
  • Ad networks
  • Analytics service providers
  • Staff augmentation and contract personnel
  • Hosting service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.  In addition to those set forth above, these parties also include:

  • Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
  • Third party business partners who you access through the Services
  • Other parties authorized by you
  • Email service providers

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

 

How Long Do We Retain Your Personal Data?  We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services.  In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

 

What Security Measures Do We Use?  We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, Data is encrypted during transfer using SHA-256 with RSA Encryption ( 1.2.840.113549.1.1.11 ) and HMAC validation at the Controller’s request.  Controllers users may only access data based upon assigned access controls by Controller administrator.

Aptrinsic requires third-party service providers we have contracts with to have third-party audited security practices, include AICPA SOC1, SOC2, or ISO 27001/18.  Organizational security audits are performed annually.

 

Personal Data of ChildrenWe do not knowingly collect or solicit Personal Data from anyone under the age of [16].  If you are under [16], please do not attempt to register for the Services or send any Personal Data about yourself to us.  If we learn that we have collected Personal Data from a child under age [16], we will delete that information as quickly as possible. If you believe that a child under [16] may have provided us Personal Data, please contact us at privacy@aptrinsic.com.

 

What Rights Do You Have Regarding Your Personal Data?  You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please complete the online data request form. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by completing the online data request form.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by sending email to support@aptrinsic.com.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems by completing the data removal request form or programmatically via our REST API.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
  • Portability: You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

 

IF DATA IS TRANSFERRED OUT OF THE EU AND STORED IN THE UNITED STATES: [Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to [EU-U.S. [or Swiss-U.S.] Privacy Shield Framework[s, respectively], the details of which are further set forth below] [another safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained athttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087 , (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the EC].

[If Privacy Shield Certified: Company [and the following subsidiaries: [INSERT SUBS]] [has/have] certified to the EU-U.S. [and Swiss-U.S.] Privacy Shield Framework[s] set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU [and Switzerland to the U.S., respectively]. For more information about the Privacy Shield Program, and to view Company’s certification, please visit www.privacyshield.gov. Company is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU [and Switzerland] in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage).  Company’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Please contact us at privacy@aptrinsic.com with any questions or concerns relating to our Privacy Shield Certification.  You may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States.  You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you.  Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.]

What If You Have Questions Regarding Your Personal Data?  If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us using the following information:

Aptrinsic
Attn: Data Protection Officer
38 S. B St. Suite 205
San Mateo, CA 94401
privacy@aptrinsic.com