APPSEE PRIVACY POLICY


Last Revised: May 23, 2018

Introduction

Appsee is owned and operated by Shift 6 Ltd., together with its affiliates including Appsee Inc., a Delaware corporation ("Appsee" , "we" , "our" or "us").

This Privacy Policy applies to data collected, received or used whenever each of Appsee‘s website visitors or service subscribers (each, a "Visitor" and "Subscriber" respectively, or "you" uses the Appsee SDK and the Appsee SaaS Solution (as defined in our Terms of Use , and further explained below), or otherwise accesses or uses any of Appsee's websites, systems or services (collectively, the "Services")

The Appsee SDK allows Subscribers to record session replays of their end-users' use of Subscribers' mobile applications ("End User Data") and to upload such End User Data to Appsee’s secured cloud servers. There, Subscribers are able to analyze such End User via the Appsee SaaS Solution – all in accordance with the Terms of Use , Data Processing Agreement , Order Form and this Privacy Policy (collectively – the "Agreement" To this end, our Subscribers authorize Appsee to access and process their End User Data on their behalf, as further described below.

You must not provide us with any End User Data which you 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.

Table of Contents:

  1. What data do we collect?

  2. How do we collect such data?

  3. Why do we collect such data?

  4. Where do we store your Personal Data?

  5. With whom may we share your Personal Data?

  6. Use of cookies and other tracking technologies

  7. Communications from Appsee

  8. Privacy of End Users Data

  9. How do we safeguard your Personal Data?

  10. The rights and choices available to you regarding your Personal Data

  11. How long may we keep your Personal Data?

  12. General

  13. Contact us

1. What Data Do We Collect?

The data we collect pertains to either unregistered Visitors to our Services, or registered Subscribers, and includes the following parameters (which, to the extent it could be used to identify such Visitor or Subscriber, or if linked to such identifying data, shall be deemed as "Personal Data") :

  1. Visitor Data : when someone visits our Services, we might collect certain technical data about them, concerning their visit, their use of our Services, and the source of their visit (such as any of our marketing campaigns or affiliate websites). Such Visitor Data does not enable us to actually learn the identity of the Visitor from whom it was collected and serves us mostly to better understand and improve on our marketing campaigns and engagements, as well as the overall performance of our Services.

    Visitor Data mainly consists of technical and aggregated usage data, such as the Visitor's IP address, Geo-location, browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying data regarding the Visitor’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, and the origin of the Visitor's visit to our Services.
    In addition, 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).

  1. Subscriber Data: in addition to such Visitor Data, when someone registers to open a Subscriber account, they are required to provide us with additional data, namely information concerning their identity, contact and billing details.

    Such information includes the Subscriber's account credentials (username and hashed password), full name, address, e-mail, phone number, company and the name of their mobile application(s)).

    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).

  1. End User Data: As described above, Subscribers may use the Services to record and upload End User Data to Appsee’s secured cloud servers, and analyze such Data via the Appsee SaaS Solution, as further described in Section 8 below and in our the Terms of Use.

2. How Do We Collect Such Data?

The following are the main methods we use to collect such Data:

  1. We collect Personal Data through your use of the Services. In other words, when you are visiting or using our Services, including when you browse our website, register a Subscriber account, and use our Services, we are aware of it and may collect and record such uses, sessions and related data, either independently or with the help of third-party services as detailed in Section 5 below, including through the use of “cookies” and other tracking technologies, as further detailed in Section 6 below.

  1. We collect Personal Data that you provide us voluntarily when you are using the Services. For example, when you register to the Services, communicate with us via e-mail or phone, or personally disclose any information in any areas of the Services.

  1. We process End User Data provided to us by our Subscribers through their use of our Services, including the Appsee SDK and SaaS Solution, as further described in Section 8 below and in our Terms of Use.

3. Why Do We Collect Personal Data?

We collect Personal Data for the following purposes, in accordance with Appsee's legitimate interests or legal obligations, as applicable, or as necessary for the establishment and performance of our contractual engagements with our Subscribers:

  1. To enable you to use our website, to register and set up your account, to use our Services, and to receive ongoing customer service and technical support;

  2. To identify our Subscribers and process their requests and logins;

  3. To monitor our Services' performance and further develop, customize and improve the Services and user experience therein, based on Visitors’ and Subscribers’ common or personal preferences, experiences and difficulties;

  4. To contact our Visitors and Subscribers with general or personalized service-related notices and promotional messages and to facilitate, sponsor and offer certain events and promotions;

  5. To ensure Subscribers' eligibility to use our Services, and monitor their performance, preferences and requests;

  6. To support and enhance our data security measures, including for the purposes of preventing fraud or abusive behaviour;

  7. To protect and support the legitimate interests of Appsee and any of its affiliates;

  8. To protect the safety, well-being and interests of Visitors, Subscribers, Appsee, its affiliates and any members of the general public;

  9. To create aggregated statistical data and other aggregated and/or inferred non-personal data, which we or our business partners may use to provide and improve our respective services; and

  10. To comply with any applicable laws and regulations.

4. Where Do We Store Personal Data?

Personal Data collected in accordance with this Privacy Policy and/or under the Agreement between Appsee and its Subscribers may be maintained, processed and stored by Appsee and our authorized affiliates and service providers in the United States of America, in the EU, and in other jurisdictions as strictly necessary for the proper delivery of our Services or as may be required by applicable law.

Shift 6 Ltd. is based in a jurisdiction which is currently considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.

While the data protection laws in the above locations may be different from the laws of your residence or location, please know that Appsee, its affiliates and service providers that store or process your Personal Data on Appsee's behalf are each committed to keep it protected and secured, in accordance with this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

EU-US & Swiss-US Privacy Shield Disclosure:

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 Subscribers and end user transferred from the European Union and Switzerland to the United States. Appsee Inc. has certified to the US Department of Commerce that it adheres to the Privacy Shield principles. If there is any conflict between the provisions of this Privacy Policy and the Privacy Shield principles, the Privacy Shield principles shall govern with respect to Personal Data of persons residing in the EU or Switzerland.

We are committed to attempt to resolve privacy complaints under the EU-US & Swiss-US Privacy Shield principles. If you have an unresolved Privacy Shield-related complaint that was not addressed satisfactorily, please contact our US-based third party dispute resolution provider, free of charge, at https://feedback-form.truste.com/watchdog/request. 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.


5. With Whom May We Share Your Personal Data?

Appsee may share your Personal Data with third parties (or otherwise allow them access to it) only in the following manners and instances:

Third Party Services : Appsee has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting, data analytics services, data and cyber security services, fraud detection and prevention services, e-mail and text message distribution and monitoring services, dispute resolution providers, CRM software providers, customer support and call center services, session recording, and our business, legal and financial advisors (collectively, "Third Party Services").

Such Third Party Services may receive or otherwise have access to your Personal Data, depending on each of their particular roles and purposes in facilitating and enhancing the Services, and may only use your Personal Data for such purposes. Such disclosure or access is strictly subject to the recipient's or user's undertaking of confidentiality obligations, and the prevention of any independent right to use this data except as required to help us provide the Services.

Third Party Integrations: The Services allow Subscribers to integrate with certain third party services, in which case each Subscriber will be bound by the terms of service and privacy notices of said third parties – so please make sure you read and accept them. The Subscriber is solely responsible for ensuring the legality and safeguarding of any data (including Personal Data) transferred to or from such integrated services.

Governmental/Law Enforcement Agencies and Legal Requests or Duties : We may disclose or otherwise allow access to your Personal Data pursuant to a legal requirement or request, such as a subpoena, search warrant or court order, or in compliance with applicable laws and regulations. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally required 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.

Protecting Rights and Safety : We may share your Personal Data with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of Appsee, any of our Subscribers, or any members of the general public.

Appsee Subsidiaries and Affiliated Companies : We may share Personal Data internally within our family of companies, for the purposes described in this Privacy Policy. In addition, should Appsee or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our website or Services.

For the removal 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. Additionally, we may transfer, share or otherwise use non-personal data in our sole discretion and without the need for further approval.

6. Use of Cookies and Other Tracking Technologies

Appsee uses certain monitoring and tracking technologies, including ones offered by Third Party Services. These technologies, such as cookies, web beacons, pixels and log files, are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide a better experience to our Visitors and Subscribers. For example, these technologies enable us to keep track of our Visitors' and Subscribers' preferences and authenticated sessions, to better secure our Services, and detect abnormal behaviors, to identify technical issues, and to monitor and improve the overall performance of our Services.

In order for some of these technologies to work properly, a small data file ("cookie") must be downloaded and stored on your device, for purposes of session and user authentication, security, keeping the user's preferences, connection stability, monitoring performance and generally providing and improving our Services.

In order to delete or block any cookies, please refer to the "Help" area on your internet browser for further instructions, or look for optional third party add-ons offering cookie management assistance. For example, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. Click “Help” in the toolbar of your browser for instructions. Please note however that deleting any of Appsee's cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Websites and Solutions, or may otherwise adversely affect your user experience.

Please note that we do not change our practices in response to a "Do Not Track" signal in the HTTP header from a browser or mobile application.

7. Communications from Appsee

Service Messages : Appsee may contact you with information regarding our Services, or your use thereof. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, transactions performed, payment issues, service maintenance, password updates, etc. You will not be able to opt-out of receiving such service messages.

Promotional Messages : In addition to communications that are an inherent part of our Services, occasionally we may also use your contact information to contact and notify you about new services and special opportunities or promotions we think you will find valuable. We may contact you through e-mail, phone (including text messages), through the Services, or any other contact methods available to us, including with the help of our Third Party Services.

Accordingly, we shall be entitled to call you or send you promotional content or messages by e-mail, SMS, direct text messages, web chat, marketing calls, and similar forms of communication.

If you wish not to receive such promotional messages or calls, you may notify Appsee at any time by e-mailing us at contact@appsee.com, or by following the "unsubscribe" or "stop" instructions contained in the promotional communications you receive.

8. End User Data

Through your use of our Services, you may provide us with the following End User Data:

  1. Technical information and aggregated usage data, which may contain, among other things, 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.

  1. End user' partially-hashed IP address, Appsee-generated Unique User ID, and the Subscriber's generated Unique User ID.

  1. Data received via third party integrations, provided 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 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 of 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 analytics 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.  

We will use End User Data only for the following purposes:

  1. to store and process End User Data 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.

We reserve the right to retain End User Data we process on your behalf for as long as we are providing you with the Services and for a reasonable time thereafter, according to the data retention plan that the Subscriber has purchased, or a longer period as legally required.

9. How Do We Safeguard Your Personal Data?

Appsee has implemented security measures designed to protect your Personal Data held with us and our Third-Party Services, including physical, procedural and electronic measures.

Please note however, that regardless of the measures we take and the efforts we make, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us and/or with any third parties as described in Section 5 above.

If you have any questions regarding the security of our Services, please feel free to contact us at privacy@appsee.com.

10. The Rights and Choices Available To You Regarding Your Personal Data

If you wish to exercise your right to access your Personal Data, to request us to make corrections to your Personal Data that you have stored with us, to object to any form of processing of your Personal Data, or to have your Personal Data deleted or exported in a portable copy, please send us an e-mail to privacy@appsee.com , or mail your request to Appsee, 54 W. 40 th St., New York, NY 10018, and we will respond within a reasonable timeframe and in accordance with applicable laws and regulations.

As further detailed herein and in the Agreement, we have no direct relationship with the individual end users. Therefore, any end user of our Subscribers who seeks to correct, amend, delete inaccurate End User Data, or withdraw consent for further use of their End User Data, should direct their query to the applicable Subscriber they deal with directly. If the Subscriber requests us to remove such data we will follow their instructions in accordance with the Data Processing Agreement.

11. How Long May We Keep Your Personal Data?

We may retain your Personal Data for as long as your Subscriber account is active or as otherwise needed to provide our Subscriber with our Services or comply with applicable laws and regulations. End User Data is retained as needed to provide our Services to our Subscribers and in accordance with our Agreement with Subscribers.

We will typically retain your Personal Data even after you deactivate your account or cease to use our Services, as reasonably necessary to comply with our legal obligations, to resolve and protect ourselves against disputes regarding any of our Subscribers, to prevent fraud and abuse, to enforce our agreements and/or protect our legitimate interests.

When we no longer need your Personal Data for such purposes, we securely delete or destroy it.

12. General

We may amend this Privacy Policy at any time by posting a revised version on our Services. The revised version will be effective as of the published effective date.

If the revised version includes a substantial change, we will provide you with 30 days’ prior notice via any of the communication means available to us, or by posting notice of the change on the Services. After this 30-day notice period, all amendments to this Privacy Policy shall be deemed accepted and effective on both you and us. Except if and as stated otherwise, our most current Privacy Policy shall apply to all Personal Data described in such Privacy Policy.

While our Services may contain links to other websites or services, we are not responsible for such websites’ or services’ privacy practices, and encourage you to be aware when you leave our Services and read the privacy notices of each and every website and service you visit. This Privacy Policy does not apply to such linked third-party websites and services.

Our Services are not intended for use by children under the age of 18. We do not knowingly collect Personal Data from minors under the age of 18 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 minors are not using the Services. In the event that it comes to our knowledge that a minor 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.

13. Contact Us; Data Protection Officer; EU Representative

If you have any questions about this Privacy Policy or Appsee's privacy practices, please contact us at privacy@appsee.com

Appsee has appointed a Data Protection Officer for monitoring and advising on its ongoing Privacy compliance, and serving as a point of contact on Privacy matters for data subjects and supervisory authorities. To contact Appsee‘s Data Protection Officer, in addition to emailing privacy@appsee.com, please email dpo@appsee.com.

EU Residents : VeraSafe has been appointed as Appsee's representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to emailing privacy@appsee.com, however only on matters related to the processing of personal data of EU residents.

To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/about-verasafe/contact-us/

By contacting us or VeraSafe, you represent that you are free to do so and that you will not knowingly provide Appsee or VeraSafe with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Appsee, and we may use or refrain from using any such information at our sole discretion.

If you are not satisfied with the response you receive from our Privacy team, Data Protection Officer or EU Representative, please contact our US-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. In addition, you may escalate concerns to the applicable data protection authority in your jurisdiction.


Effective Date: May 23, 2018