Effective Date: February 21, 2019
Appsee is owned and operated by Shift 6 Ltd., together with its affiliates including Appsee Inc., a Delaware corporation ("Appsee", "we", "our" or "us").
To this end, each Subscriber authorizes Appsee to access and process their End User Data on their behalf, as further described below. That said, Subscribers must not provide us with any End User Data which they are not legally authorized to provide us under lawful grounds pursuant to applicable law, required disclosures, and consents. If you do not wish to provide us with your Personal Data or have it processed by us, or do not have the legal grounds to collect, provide and request processing by us of any End User Data, please simply do not enter or register to our Services.
1. Data Collection
2. Data Uses
3. Data Location and Retention
4. Data Sharing
5. Cookies and Tracking Technologies
7. Data Security
8. Data Subject Rights
9. Children’s Privacy
10. Data Controller/Processor
11. Additional Notices
You are not legally required to provide us with any Personal Data (defined below), but without it we will not be able to provide you with the full range of Services or with the best user experience when using our Services.
1. Data Collection
We collect data regarding Visitors to our Site, regarding our Subscribers as well as data regarding their End Users. Such data is typically collected and generated through the Visitor’s or Subscriber’s interaction with our Services, through automatic means, directly from such Visitor or Subscriber, or through other third parties.
Specifically, we collect the following categories of data (which, to the extent it relates to an identified or identifiable individual, will be deemed as “Personal Data“):
1. Data automatically collected or generated: When you visit, interact with or use our Services, we may collect or generate certain technical data about you. We collect or generate such data either independently or with the help of third party services (as detailed in Section 4 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 5 below). Such data mainly consists of connectivity, technical and aggregated usage data, such as IP addresses, non-identifying data regarding a device, operating system, browser version, locale and language settings used, the cookies and pixels installed on such device and the activity (clicks and other interactions) of Visitors and Subscribers in connection with our Services. Such data does not enable us to learn a person’s true identity or contact details. We mainly use this data to gain a better understanding on how Visitors and Subscribers typically use and interact with our Services; how we could improve their user experience; to optimize our marketing campaigns and ad management; and to optimize the overall performance of our Services.
2. Data received from you: If a Visitor contacts us in any way (such as via e-mail or any contact forms on our Services), we will collect and record such communications and related data, information and usage logs concerning such Visitor (including their identity or contact details, if provided through such communications). Subscribers may provide us with Personal Data such as full name, workplace and position, contact details (such as e-mail, phone and address), account login details (such as usernames and hashed passwords) (collectively, “Account Data“), as well as the name of their mobile application(s)) and any other data you choose to provide when you create a Subscriber account, use our Services or contact us.
Following registration and approval of the Subscriber's account, we collect additional data with respect to the Subscriber's transactions, user activity on our Services, professional and company information available through public sources, and communications with us (such as with our customer and support services).
Data received from our Subscribers about End Users: As described above, Subscribers may use the Services to record and upload End User Data to Appsee’s secured cloud servers, and analyze such End User Data via the Appsee SaaS Solution. This includes:
a. Technical information and aggregated usage data, which may contain the End User's type and version of operation system, usage length, phone model, country, screens visited in the mobile application, touch gestures performed in the mobile application, scrolling activity and any other actions the End User performed during their use of your mobile application.
b. End User's partially-hashed IP address, Appsee-generated Unique User ID, and the Subscriber's generated Unique User ID.
c. Data received via third party integrations, whereas each Subscriber is solely responsible for ensuring the legality and safeguarding of such data (including Personal Data) transferred to or from such integrated services.
Except for the foregoing, Subscribers are not to provide us with any Personal Data regarding their End Users. In particular, Subscribers must refrain from providing Appsee with any Personal Data of children under the age of 16; any health, financial, or insurance data; or other data which is subject to specific regulatory or statutory protection regimes (including "special category" data under the EU GDPR).
It is each Subscriber's sole responsibility to select the fields and screens which may be analyzed via the Services, and to take into account the sensitivity of the applicable End User Data which may be made available by Subscriber’s End Users in any such field or page and the nature of the Appsee Services .
If you choose to provide us with any Personal Data regarding your End Users, you must receive the End User's explicit consent for such use.
Our Services will not collect the End User's full IP address, any keyboard stokes by the End User, nor any information about other applications or programs that End Users are running on their mobile phone/computer. The Services do not track the End User's activity across applications/services that do not use the Services and will not collect any passwords entered to unlock the End User's device.
Data received from third parties: we may receive your Personal Data from other sources. For example, if you participate in an event or webinar that we sponsor or participate in, we may receive your Personal Data from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or services provides, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.
2. Data Uses
We use Personal Data as necessary for the performance of our Services; to comply with applicable law; as necessary for the establishment and performance of our contractual engagements with our Subscribers; and to support our legitimate interests in maintaining and improving our Services and sales operations, understanding how our Services are used, optimizing our marketing and advertising services, customer service and support operations, and protecting and securing our Subscribers, End Users, ourselves and our Services.
Specifically, we use Personal Data for the following purposes:
1. To develop, facilitate, operate, and provide our Services;
2. To authenticate the identity of our Subscribers, and to allow them to register and set up an account and to access our Services;
3. To provide our Visitors and Subscribers with customer service, assistance and support;
4. To verify and ensure Subscribers' eligibility to use our Services, and monitor their performance, compliance, preferences and requests;
5. To further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties;
6. To contact our Visitors and Subscribers with general or personalized service-related messages (such as password-retrieval or billing) and promotional messages (such as newsletters, webinars, new features, etc.); to facilitate, sponsor and offer certain events and promotions; and to facilitate our sales and business development operations;
7. To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
8. To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use for statistical reports, and to provide and improve our respective Services; and
9. To comply with any applicable laws and regulations.
We use End User Data only for the following purposes:
1. For the preparation and delivery of our Services, including compiled analytics reports;
2. For use on an anonymous basis, in the aggregate, to perform “application uses” analysis and statistical reports, including to operate and improve our Services.
3. Data Location & Retention
Data Location: Your Personal Data may be maintained, processed and stored by our authorized affiliates and Service Providers (defined below) in the United States of America and other jurisdictions, as necessary for the proper delivery of our Services, or as may be required by law.
Shift 6 Ltd. is headquartered in a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.
- End Users: We retain End User Data we process on our Subscriber’s behalf, for as long as we are providing them with the Services and for a reasonable time thereafter, according to our agreements with the Subscribers, or a longer period as legally required.
- Visitors: We keep Visitors’ Personal Data for as long as reasonably necessary in order to maintain and expand our relationship and to provide them with our Services.
- Subscribers: We retain Subscribers’ Personal Data for as long as their account is active, and we have not been notified otherwise, and thereafter as we consider necessary for the purposes described herein.
We will also retain your Personal Data for as long as is required in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), in accordance with our data retention policy.
Please note that except as required by applicable law, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at email@example.com.
4. Data Sharing
Legal Compliance: We may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting services, data analytics services, marketing and advertising services, data and cyber security services, payment processing services, user engagement services, e-mail distribution and monitoring services, text messaging services, dispute resolution providers, CRM software providers, customer support and call center services, session recording, and our business, legal and financial advisors) (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.
Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of Appsee, any of our Subscribers or End Users, or any members of the general public.
For the avoidance of doubt, Appsee may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.
5. Cookies and Tracking Technologies
Our Services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide, secure and improve our Services, personalize your experience and monitor the performance of our activities and campaigns.
A “cookie” is a small text file that is used, for example, to collect data about activity on our Site. Some cookies and other technologies serve to recall Personal Data, such as an IP address, previously indicated by the Subscriber.
While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser, most browsers allow you to control cookies, including whether or not to accept them and to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
If you wish to prevent the use of your mobile device's advertising ID, you may change your device settings to reset such advertising ID (typically, this is available under the "Privacy" or "Ads" section in your device settings). You may also change your browser settings to reset or block cookies (typically, this is available under the "Settings" or "Help" section in your browser menu).
Service Communications: We may contact you with important information regarding our Services. For example, we may notify you (through any of the communication means available to us) of changes or updates to our Services, billing issues, service changes, password-retrieval notices, etc. We may also send you notifications, messages and other updates. Typically, you will not be able to opt-out of receiving such service communications while using our Services, as they are integral to such use.
Notifications and Promotional Communications: We may send you notifications concerning messages and other updates in your user account. We may also send you notifications and contact you about new features, additional offerings, events and special opportunities or any other information we think our Subscribers will find valuable. We may provide such notices through any of the communication means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify Appsee at any time by sending an email to firstname.lastname@example.org, changing your communications preferences in your account, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
7. Data Security
In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.
If you have any questions regarding the security of our Services, please feel free to contact us at email@example.com.
8. Data Subject Rights
If you wish to exercise your rights under any applicable law, including the EU General Data Protection Regulation (GDPR), to request access to, and rectification or erasure of your Personal Data held with Appsee, or to restrict or object to such Personal Data’s processing, or to port such Personal Data – please contact us by email at firstname.lastname@example.org.
Please note that once you contact us by e-mail, we may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.
As further detailed above, Appsee has no direct relationship with individual End Users. If you would like to make any requests or queries regarding Personal Data we process on our Subscriber’s behalf, please contact them. For example, if you are an End User who wishes to access, correct, or delete data processed by Appsee on behalf of a Subscriber, please direct your request to the relevant organization (who is the “Data Controller” of such data).
9. Children’s Privacy
Our Services are not designed to attract children under the age of 16. We do not knowingly collect Personal Data from children and do not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that persons under the age of 16 are not using the Services. In the event that it comes to our knowledge that a person under the age of 16 is using the Services, we will prohibit and block such Subscriber from accessing the Services and will make all efforts to promptly delete any Personal Data stored with us with regard to such Subscriber. If you believe that we might have any such data, please contact us by email at email@example.com.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the GDPR, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller”, who determines the purposes and means of processing; and the “Data Processor”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Appsee is the “Data Processor” of End Users Data processed by Appsee on behalf of the Subscriber, our Customer. In such instances, our Subscriber shall be deemed the “Data Controller” of such data, and Appsee will process such data in accordance with the Subscriber’s reasonable instructions, subject to the terms of our Agreement. The Subscriber will be responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing, obtaining explicit consents as necessary, and responding to Data Subject Rights requests concerning the data they control).
11. Additional Notices
Privacy Shield: Appsee complies with the principles of the EU-US and Swiss-US Privacy Shield Frameworks, as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data of Visitors, Subscribers and End User transferred from the European Union and Switzerland to the United States.
We are committed to attempt to resolve privacy complaints under the EU-US & Swiss-US Privacy Shield principles. Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through Appsee, Inc.’s internal processes, Appsee, Inc. has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/.
The Federal Trade Commission (FTC) has jurisdiction over Appsee, Inc.’s compliance with the Privacy Shield. Under certain conditions, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. To learn more about the Privacy Shield Framework, please visit https://www.privacyshield.gov.
VeraSafe has been designated as Appsee’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. VeraSafe may be contacted only on matters related to the processing of Personal Data. To make such an inquiry, please send an email to firstname.lastname@example.org or contact VeraSafe using this contact form: https://www.verasafe.com/about-verasafe/contact-us/.