Table of contents
Your privacy is our concern, and we are serious about it. This Privacy Policy explains what type of information Emplifi may collect in connection with provision of any Emplifi’s products, services, content, or applications (referred to collectively as the “Services”), and how that information is used and protected. It also sets out how you can contact us if you have any queries or concerns regarding your personal data.
We reserve the right to make changes to this Privacy Policy at any time. Please check the Privacy Policy periodically for changes, although, if you are our customer, we may also notify you via email of any changes that, in our sole discretion, materially impact your use of the Services or the way we process your personal data. Your continued use of our Services covered by this Privacy Policy will signify your acceptance of all changes to this Privacy Policy made by us from time to time.
1. About Emplifi and how we process personal data
Emplifi is a provider of Software as a Service (SaaS) solutions for social media marketing, enhanced customer experience and customer care.
For the purposes of this Privacy Policy, “Emplifi” or “we” shall mean, as applicable:
Emplifi Inc., with its principal place of business at 4200 Regent Street, Suite 200, Columbus, OH 43219, United States;
Emplifi Czech Republic a.s., with its registered office at Plzeň, Pod Všemi svatými 427/17, Severní Předměstí, 301 00, Czech Republic;
Emplifi Canada Inc., with its registered office at 606 Cathcart, Suite 1007, Montreal, Qc, H3B 1K9, Canada;
Sym-Sys Ltd (trading as ‘Go Instore’), with its registered office at 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT, United Kingdom; and/or
Pixlee TurnTo, Inc., with its principal place of business at 2443 Fillmore St. #380-18365 San Francisco, CA 94115, United States1013 Centre Road Suite 403-B, Wilmington, DE 19805, United States.
For more information about Emplifi, please see the “Company” section of our site at https://emplifi.io/company.
We collect personal data from our customers and users of our Services to provide and manage the Services and other purposes set out in Section 3 below. We process this data as a so-called data controller. This Privacy Policy covers our processing of such personal data.
We also process certain personal data on behalf of our customers. This is typically when you connect our Services with your internal systems such as your CRM, and we receive data from your systems, or when we interact with your customer on your behalf, for example in relation to a survey, giving feedback through a comment card or using any other Services powered by us, or when the provision of our Services or specific feature requires that our customers give us a permission such as an access token or other administrative permission to collect and process such data (jointly referred to as “private data”). We act as a so-called data processor with respect to private data of our customers and process their private data in accordance with their instructions. We always keep private data of each customer separate from our other customers’ private data and keep them strictly confidential. The processing of private data is subject to data processing agreements. Unless expressly stipulated otherwise, this Privacy Policy does not cover our processing of private data as a data processor. Our rights and obligations with respect to such private data are stipulated in the data processing agreements.
2. Data we collect
Data of customers and users of our Services
We collect your personal data when:
You register for our Services, typically by completing a web registration form;
You log in to our Services, either by entering your username (e-mail) and password, or using a social login such as Facebook Login or Sign In with Twitter, or by any other similar authentication means that we may make available to you;
You use our Services or otherwise interact with Emplifi, for example when you publish any images, content or other files or data on social media via our Services.
When you create an account with Emplifi, we will ask you to complete a registration form indicating your identification and contact information such as your name, e-mail and/or phone number, address, company name, if applicable, etc.
If you log in to our Services using your social network account or otherwise interconnect your social network account with our Services, we receive basic personal details from your social network profile. The scope of details we receive depends on your social network account privacy settings and on your settings when logging into our Services, such as your social network ID, public profile information (such as name, profile picture, gender, age range, or country) and e-mail address. We may also receive additional information from your profile if you give us permission to access it or if such information is made available by the relevant social media platform; this information may include without limitation number of followers, profile description, and your image, depending on the social media service's API and your privacy settings for that service. If you continue to authorize us to access your social media data, we will periodically retrieve new data to update your profile. If you wish to change the scope of your social network profile information that we receive upon your registration, you should review the privacy policy or other guidance available on your social network’s website and change your privacy settings.
You can also log in to the Services using a Single-Sign-On (“SSO”) mechanism. When you use SSO to access our Services, Emplifi does not receive or store any personal data used for user authentication – those remain fully with your SSO provider. We may also collect your personal user data from Google through Google APIs that help us provide and improve our Services and their features. For more information see Section 9 below.
For purposes of analysis and improvement of our Services, our servers may also automatically record information when you visit our website or use some of our Services. We do not link this automatically collected data to other information we collect about you. We retain this data in a database used only for internal purposes and do not sell data that we collected to third parties. Such data may include URL, IP address, browser type, internet service provider (ISP), mobile carrier, mobile device, operating system, referring/exit pages, the URLs of sites from which you arrived or left a website, date/time stamp, and clickstream data.
If our Services are purchased by an entity, it is the individual users within such entity’s organization who log into our Services platform and whose personal data are collected, as described above. Where such entity provides us directly with any personal data of its employees or other individual users that it authorized to access the Services, it must have all necessary consents, permissions, or registrations to process and to provide to us its employees’ or users’ personal data.
Social media networks specifics
To provide some of our Services, we analyze social media user profiles and other information that we receive directly from the social media platforms such as Facebook, Twitter, LinkedIn and other, via these platforms’ APIs. Such data include both non-personal data such as various statistics and metrics and personal data of the platforms’ users. Where we source the data directly from the relevant platforms, via these platforms’ public APIs, we determine the purpose of processing, which is developing and constantly enhancing our Services and offering them to our customers on a world-wide basis, via our web platform. In such cases, we are a data controller with respect to such data.
Below are the most typical examples of data collected about social media platform users:
Basic user profile information (such as the username, user photo);
User generated content (such as posts, comments, pages, profiles, images or feeds) including its metadata (such as time and location of a post or comment);
Contact details (such as name, email address, telephone number) if made public by the user;
Additional individual information (such as age, gender, employer, profession, geographic location, education information, financial status, habits, and preferences) published by the user.
We only process data that the social network users made available to general public, pursuant to the relevant platforms’ terms, and that are generally accessible via the social network APIs, or data that our customers grant us permission to access (customer private data).
In cases where we access your social media private data, we process them as your data processor. We need your permission and instructions to collect and process such data. This will be, for example, when we access Facebook Insights or facilitate and organize the communication (e.g. Facebook messages) between you and your end users within our customer care feature of the Community Service. The type and scope of personal data obtained from social media platforms depends on the type of the APIs and permissions set out by the respective platforms, and on the administrative permissions granted to us by our customers, where applicable.
Analysis of data from social networks is the core of our certain Services and/or features, such as Social Marketing Cloud. We analyze this data to provide our Services to our customers in the scope and manner set out by the social platform terms for app developers. If you do not grant us permission to access and use your private social media data, we will not access them, but the full scope of the Services and/or their features may not work or may not be fully available to you.
3. How we use the data
We use your personal data for the following purposes:
To provide the Services
We may process your personal data to identify you when you login to your account and use our Services, to enable us to operate the Services and provide them to you. This may include verification of your payments, purchase orders and billing information. It may also include verification to determine free trial eligibility.
To communicate with you
We may process data of our customers or their individual users, in particular e-mail or other contact data, to communicate with our customers and users, for example, when we assist them with setting up or administering their account, when we provide customer care and support, send technical notices, updates of upcoming changes or improvements to the Services, reminders, security alerts and other support and administrative messages.
To provide a better user experience
We may process your personal data to learn how you use our Services to be able to continuously enhance user experience as well as provide our customers seamless customer support. We may process such personal data also to improve and enhance our existing Services and develop new offerings. This includes product and market statistics, research and analytics, benchmarks and other analyses to better understand your needs and the needs of users in the aggregate, diagnose problems and analyze trends. See Section 7 below for more details.
To protect our Services and secure our or third-party rights
We process your personal data to keep the Service safe, secure and reliable. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Emplifi, our customers and users.
We may process some of the personal data when required by law or to establish, exercise or defend our legal claims or, where necessary, protect rights of Emplifi. For example, we may store data about how you use our Services, including payments for Services, to prove or otherwise support our rights.
For marketing and sales purposes
We may process your contact personal data, in particular e-mail, name, company and job title to offer you our new Services. For more details, please see Section 8 below.
4. Lawful basis
For the purposes of providing the Services and to communicate with you, we process your personal data based on our contract with you (if you are our direct customer and an individual) or based on our legitimate interest to provide our Services to our customers (where our customer is your company or organization and you are an authorized user designated by your company or organization, or if you are social network user whose data are analyzed).
For enhancing the Services and providing a better user experience, we process your personal data based on our legitimate interest to develop and improve our Services.
To protect our Services and secure our or third-party rights, we process your personal data based on our legitimate interest to protect and secure our rights or claims or the rights of our customers or users.
For marketing and sales purposes, we process your personal data based on your voluntary consent where you have given us such consent. In a limited scope permissible under applicable law, we may also use your electronic contact details to inform you about our Services without your explicit consent, based on our legitimate interest, as described in more detail in Section 8 below.
Where we use your personal data for our legitimate interests, we consider any potential impact that such use may have on you. Our legitimate interests don’t automatically override yours and we won’t use your information if we believe your interests should override ours unless we have other grounds to do so (such as performance of contract, your consent, or a legal obligation). If you have any concerns about our processing, please refer to details of “Your rights” in Section 12 below.
5. Retention periods
Where we process personal data as data controller, we retain your personal data for the period necessary to fulfil the purposes outlined in this Privacy Policy and/or any Services agreement, unless a longer retention is required by law (e.g. for tax or accounting purposes or due to other legal requirements) or storing of the data is needed for the establishment, exercise or defense of Emplifi legal claims; in such case, we will store only the data necessary for the enforcement of our claims or our defense for the period necessary in the given case and not exceeding the statutory limitation periods.
Where we process personal data on behalf of our customers as a data processor, we retain such data for the duration of our agreement with such customers and delete them in accordance with our retention and backup processes automatically within 30 to 90 days after termination of the agreement (depending on the type of Service used by the customer), unless the customers ask us to erase them earlier.
6. Sharing your personal data for legal and business purposes
We may use and/or disclose to third parties (including government bodies and law enforcement authorities, our affiliates, professional advisors and our vendors or subcontractors) information about you when:
Complying with legal process;
Enforcing or defending the legal rights of Emplifi, and in connection with a corporate restructuring such as a merger, business acquisition or insolvency situations;
Preventing fraud or imminent harm; and
Ensuring the security and operability of our network and services.
This information will be shared provided that, in all such circumstances, we will only share the limited personal information that is required to be shared in the unique situation.
If you are an influencer, you may opt to use our Services to disclose information to brands (our customers) that may hire you to promote their brands and products based on your skills, demographics, and other attributes.
We share your data with our trusted business partners or individuals who process your data as our data processors on our behalf and pursuant to our instructions, in accordance with this Privacy Policy. We select our vendors very carefully and always ensure that they provide adequate data protection and security safeguards. To this effect, we have bound our data processors with data processing agreements concluded pursuant to Article 28(3) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). In addition, where our processors reside outside of the European Economic Area (EEA), unless the transfer to such processors is based on the European Commission’s adequacy decision, we have concluded Standard Contractual Clauses (model clauses) approved by the European Commission (Commission Implementing Decision (EU) 2021/914 of 4 June 2021) with such processors. The data processing agreements with our processors provide for, inter alia, audit rights, detail minimum security standards and measures that each our processor must maintain as well as their obligation to submit copies of their security audits and certificates (e.g., SOC2, ISO 27001). We also contractually require our processors to provide us with a prompt notice of any data breach or security incident concerning processed data. We continue to monitor for further guidance from the EU supervisory authorities, including on any additional supplementary measures that we may undertake and additional safeguards that we may require from our non-EU vendors to meet our obligations under EU data protection law.
To the extent we act as a data processor with respect to our client’s personal data (private data), we always enter into a data processing agreement with the data controllers (our clients) pursuant to Article 28(3) of the GDPR, which provides a mechanism for the engagement of sub-processors. Our current sub-processors who have access to private personal data of our clients are:
For Social Marketing Cloud Services:
Amazon Web Services, Inc., headquartered at 410 Terry Avenue, Seattle, WA 98109; used for hosting of the Services and data storage;
Celonis S.L., Piazza Manuel Gomez Moreno 2, 28020 Madrid, Spain, used for custom third-party platform integrations – only optional;
Databricks, Inc., headquartered at 160 Spear St., Ste 1300, San Francisco, CA 94105, United States; used for data processing optimization;
Filestack, Inc., headquartered at 122 E Houston St, 2nd Floor, San Antonio, TX 78205, United States; used for file upload and data conversion services;
OpenAI OpCo, LLC, headquartered at 3180 18th St., San Francisco, CA 94110, United States; a generative neural network machine learning model supplier – only optional.
For Care, Service Cloud and the Social Commerce Cloud Services:
Amazon Web Services Inc., headquartered at 410 Terry Avenue, Seattle, WA 98109, United States; used for hosting of the Services and data storage;
Celonis S.L., Piazza Manuel Gomez Moreno 2, 28020 Madrid, Spain, used for third-party platform integrations – only optional;
Databricks, Inc., headquartered at 160 Spear St., Ste 1300, San Francisco, CA 94105, United States, used for data processing optimization;
Filestack, Inc., headquartered at 122 E Houston St, 2nd Floor, San Antonio, TX 78205, United States, used for file upload and data conversion services;
Microsoft Corporation Inc., headquartered at One Microsoft Way, Redmond, WA 98052-6399, United States; used for hosting of the Services and data storage;
OpenAI OpCo, LLC, headquartered at 3180 18th St., San Francisco, CA 94110, United States; a generative neural network machine learning model supplier – only optional.
For Voice of Customer Services:
Celonis S.L., Piazza Manuel Gomez Moreno 2, 28020 Madrid, Spain; used for custom third-party platform integrations – only optional;
iWeb Technologies Inc., 500-14 Place du Commerce, Nuns' Island, Montreal (Quebec) H3E 1T5, Canada; colocation facility used for hosting of the Services and data storage;
OpenAI OpCo, LLC, headquartered at 3180 18th St., San Francisco, CA 94110; generative neural network machine learning model supplier – only optional.
For Live Adviser and/or ShopStream:
Amazon Web Services Inc., headquartered at 410 Terry Avenue, Seattle, WA 98109, United States; used for hosting of the Services and data storage;
Cometchat headquartered at 1002 Walnut St, Suite 200, Boulder CO, United States; provider of an in-app communication (chat) platform;
Celonis S.L., Piazza Manuel Gomez Moreno 2, 28020 Madrid, Spain; used for custom third-party platform integrations – only optional;
Microsoft Corporation Inc., headquartered at One Microsoft Way, Redmond, WA 98052-6399, United States; used for hosting of the Services and data storage; analytics monitoring;
OpenAI OpCo, LLC, headquartered at 3180 18th St., San Francisco, CA 94110, United States; generative neural network machine learning model supplier – only optional;
Vonage, headquartered at 23 Main Street Holmdel, New Jersey, United States; used for video conversations;
XynoTech, headquartered at B-112, Block 6, Gulshan-e-Iqbal, Karachi, Pakistan; used for development, implementation support and customer support.
For User Generated Content and Influencer Management:
Amazon Web Services Inc., headquartered at 410 Terry Avenue, Seattle, WA 98109, United States; used for hosting of the Services and data storage ;
Celonis S.L., Piazza Manuel Gomez Moreno 2, 28020 Madrid, Spain; used for hosting of the Services and data storage – only optional;
Heroku Inc., headquartered at 415 Mission Street Suite 300, San Francisco, CA 94105, United States; used for hosting;
Fastly Inc., headquartered at 475 Brannan Street #300, San Francisco, CA 94107, United States; used for content caching and delivery: social media profile, images;
Intercom Inc., headquartered at 55 2nd Street 4th Floor, San Francisco, CA 94105 United States; used for in-app chat within the Pixlee platform for customers;
Functional Software Inc. dba Sentry, headquartered at 45 Fremont Street, 8th Floor, San Francisco, CA 94105, United States; used for Javascript error detection and tracking;
Honeybadger Industries LLC, headquartered at 11410 NE 124th Street #246, Kirkland, WA, 98034, United States; used for error detection;OpenAI OpCo, LLC, headquartered at 3180 18th St., San Francisco, CA 94110, United States; generative neural network machine learning model supplier – only optional
Redis Labs, Inc., headquartered at 1700 E El Camino, Mountain View, CA, 94041,United States; used for data storage: Segment.io, Inc., headquartered at 100 California St Suite 700, San Francisco, CA, 94111, United States; used for analytics tracking and loading;
Twilio Inc., headquartered at 01 Spear Street, First Floor, San Francisco, CA, 94105, United States; used for outgoing email notifications and content solicitations;
To the extent we act as a data controller with respect to personal data, we may use processors to process personal data on our behalf. Our current processors are:
Apify Technologies s.r.o., headquartered at Vodičkova 704/36, Nové Město, 110 00 Praha 1; used for data extraction services;
Atlassian Pty Ltd., headquartered at Level 6 341 George St, Sydney, NSW 2000, Australia, used for management of internal processes and monitoring of employee tasks (internal ticketing system);
Amazon Web Services, Inc., headquartered at 410 Terry Avenue, Seattle, WA 98109; used for hosting of the Services and data storage;
Aircall SAS, headquartered at 42, rue du Faubourg Poissonnière, 75010 Paris, France; supplier of a virtual call center;
Box.com (UK) Ltd., headquartered at 14-15th Floors, White Collar Factory,1 Old Street Yard, London, EC1Y 8AF, UK, supplier of document storage services;
Calendly Inc., headquartered at 271 17th St NW Ste 1000, Atlanta, GA 30363, United States, supplier of appointment scheduling software;
ChiliPiper Inc., headquartered at 228 Park Ave S # 78136 New York, New York 10003-1502 United States, supplier of appointment scheduling software;
Databricks, Inc., headquartered at 160 Spear St., Ste 1300, San Francisco, CA 94105, United States; used for data processing optimization;
Descript Inc, headquartered at 385 Grove Street, San Francisco, CA 94102, United States, used for video recording and transcription;
Filestack, Inc., headquartered at 122 E Houston St, 2nd Floor, San Antonio, TX 78205, United States, supplier of file upload and data conversion services;
Google Inc., headquartered at 1600 Amphitheatre Parkway Mountain View CA 94043, United States; used in particular as e-mail client and as document storage;
Keen LLC, 325 9th Street, San Francisco, CA, 94103, used for analytics storage, aggregation, and tracking;
Marketo, Inc., headquartered at 901 Mariners Island Blvd, San Mateo, CA 94404, United States; used to manage e-mail campaigns;
Microsoft Corporation Inc., headquartered at One Microsoft Way, Redmond, WA 98052-6399, United States; used in particular as e-mail client and as document storage;
Mixpanel, Inc., headquartered at 405 Howard Street, Floor 2, San Francisco, CA 94105, United States; used for Services monitoring and diagnostics;
Mouseflow ApS, headquartered at Flaesketorvet 68, 1711 Copenhagen, Denmark; provider of web analytics tool;
Recurly, Inc., headquartered at 400 Alabama St #202, San Francisco, CA 94110, United States, card payment processing;
Salesforce.com, Inc., headquartered at The Landmark at One Market, Suite 300, San Francisco, CA 94105, United States; used for management of the customer and project database;
SolarWinds Worldwide, LLC, headquartered at 7171 Southwest Parkway, Bldg 400, Austin, Texas 78735, United States; used for backend error detection and tracking;
Smartlook s.r.o., headquartered at Šumavská 524/31, Veveří, 602 00 Brno, Czech Republic; used for monitoring and product analytics;
Webflow, Inc., headquartered at 398 11th St., Floor 2, San Francisco, CA 94103, United States;
Zendesk, Inc., headquartered at 1019 Market St, San Francisco, CA 94103, United States; used for client requests tracking (client ticketing system);
Zoom Video Communications, Inc., headquartered at 55 Almaden Blvd. Suite 600, San Jose, CA 95113, USA; supplier of a videoconferencing solution.
Apart from third-party vendors, Emplifi may share data with its following affiliates:
Astute Solutions B.V., with its registered office at Sloterdijk Teleport Towers, Kingsfordweg 151, 1043GR Amsterdam, Netherlands, ID No. 62626086;
Astute Solutions (Australia) PTY LTD, with its registered office at Level 10, 530 Collins Street, Melbourne, VIC 3000, Australia , ID No. 14160077261;
Pixlee TurnTo Ltd., with its registered office at Fieldfisher Riverbank House, 2 Swan Lake, London, United Kingdom;
Socialbakers UK Limited, with its registered office at 280 Bishopsgate, London, EC2M 4RB, United Kingdom;
Socialbakers France, with its registered office at 8 rue d’Athènes, 75009 Paris, France, ID No. 804803427;
Socialbakers Germany GmbH, with its registered office at Amelia-Mary-Earhart Straße 8, 60549, Frankfurt am Main, Germany, ID No. HRB 98478;
Socialbakers Singapore Pte. Ltd., with its registered office at 16 Raffles Quay, #33-03, Hong Leong Building, Singapore 048581, ID No. 201326967M;
Wilke Global Limited, with its registered office at WA14 2DT Altrincham, Cheshire, 3rd Floor 1 Ashley Road, United Kingdom, ID No. 06069868.
Your data may be shared with Emplifi affiliates in order for them to provide certain support services, marketing and pre-sales activities, or to offer their own products and services.
7. Anonymous statistics
We may use aggregated anonymized data derived from the personal data provided by you or collected by the program analytics such as user behavior and activities for our own statistics, for auditing, for the purposes of product and market research, for analytics (which helps us to optimize and improve our Services and their usability, the range of Services and to develop new technologies, products, and services), and for benchmarks and other analyses. Additionally, we may choose to publish such anonymized data and to share it with third parties outside of Emplifi. We will not directly or indirectly transfer any data received from you to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization-related toolset.
8. Marketing communications
We may contact you about our news, events, Services and their features or special offers that we believe may interest you, provided that we have the requisite permission to do so, either on the basis of your consent (where we have requested it and you have provided it to us), or our legitimate interests to provide you with marketing communications where we may lawfully do so, within the limits provided by law. In the latter case, we will only send you marketing communication if you are using or have recently used any of our Services and have not objected to receiving such information (by any means mentioned below).
Your marketing communication preferences may be changed at any time by following the instructions below:
If you would like to unsubscribe from an email sent to you, follow the ‘unsubscribe’ link and/or instructions placed at the bottom of the email. We endeavor to promptly process any unsubscribe requests.
Alternatively, you can contact us using the details in the “Contact Us” section below to change your marketing communication preferences, including the withdrawal of your consent.
If you have received unwanted, unsolicited emails sent via our system or purporting to be sent via our system, please forward a copy of that email with your comments to support@emplifi.io for review.
We may share your contact details with our vendors or business partners who provide the relevant services or functions on our behalf, including event organization, marketing, distribution of surveys customer service, or public relations. These third-party vendors have access to and may collect information only as needed to perform their functions on our behalf and are not permitted to share or use the information for any other purpose.
Please note that we may occasionally send you important information (including via email) about our Services that you are using or have used including changes to applicable terms and conditions and/or other communications or notifications as may be required to fulfill our legal and contractual obligations, as described in Section 3 above. These important Service communications are not affected by your marketing communication preferences.
9. Google API Disclosure
Emplifi’s use and transfer to any other app of personal data received from Google APIs (the raw data as well as data aggregated, anonymized, or derived from them) will adhere at all times to Google API Services User Data Policy, including the Limited Use requirements.
10. Security and location of your data
We have implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice while keeping in mind the state of technological development in order to protect your data against accidental loss, destruction, alteration, unauthorized disclosure or access or unlawful destruction. Such measures may include, without limitation, taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular backup; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.
We have also implemented Information Security Management in accordance with the requirements of information security standard - ISO 27001, including penetration tests, vulnerability scans, secure development frameworks access management, supplier management and compliance processes. We have also successfully completed a SOC 2 Type II audit of our platform performed by an independent auditing firm.
Data collected from you may be transferred to, and stored and processed in, the United States (US) or any other country in which Emplifi, its affiliates, subcontractors, suppliers, or other vendors maintain facilities. While we reserve the right to change our business partners and /or data locations, when we transfer any personal data to the USA or any other country outside the EU or EEA in which Emplifi, its affiliates, subcontractors, suppliers or vendors maintain facilities, we will implement such appropriate legal mechanism as are required by EU law to ensure an adequate level of personal data protection by such third parties receiving your personal data (for example, European Commission’s Standard Contractual Clauses approved by the European Commission (Commission Implementing Decision (EU) 2021/914 of 4 June 2021) (the “SCCs”)). In light of the applicable case law of the Court of Justice of the European Union (CJEU), we have performed a review of our vendor ecosystem to ensure that all our US-based vendors have signed the European Commission’s SCCs. Further, we have entered into robust data processing agreements signed with our non-EU (sub)processors which contain SCCs (unless the transfer to the (sub)processors is subject to European Commission’s adequacy decision) and which define strict security standards and measures to be employed by each our (sub)processor (including state of the art encryption) including additional safeguards / supplementary measures as required by applicable EU privacy case law and guidelines. We also contractually require our (sub)processors to provide us a prompt notice of any data breach or security incident concerning processed data.
For data processing locations, please refer to the list of our sub-processors and their location listed in Section 6.
11. Cookies
We use cookies so that the users can login into the system and fully navigate within the system; turning off cookies would result in the user being unable to login to the system.
Additionally, we use cookies and other technologies (such as site measuring software and user experience software) to enhance your online experience and learn about how you use our services in order to improve the quality of the Services. We may combine data gained through cookies with other data you provide to us.
Further information relating to the use of cookies is available at https://emplifi.io/legal/privacy-policy.
12. Your rights
This Section describes your rights under the applicable laws and how to apply them. If you exercise any of your rights pursuant to this Section or pursuant to applicable laws, we will communicate any rectification or erasure of your personal data or restriction of processing carried out in accordance with your request to each recipient to whom the personal data have been disclosed pursuant to Section 6 of this Privacy Policy, unless such communication proves impossible or involves disproportionate effort.
If you wish to exercise these rights and/or obtain all relevant information about the processing of your personal data, please contact us at support@emplifi.io. You will be asked to identify yourself; this is necessary to verify that the request has been sent by you. We will respond within 1 month after receipt of your request, but we retain the right to extend this period up to 2 months in exceptional circumstances. We will in any event inform you within 1 month after receipt of your request if we decide to extend the period for our response.
In accordance with applicable laws and as further described below, you have the right to request access to your personal data and information about their processing, the right to rectification, erasure or portability (e.g. transfer of your personal data to another service provider) of your personal data we process, as well as the right to object to the processing of your personal data and/or request restriction of such processing.
Please note that your objection to processing could mean that we are unable to provide you with our Services or otherwise perform the actions necessary to achieve the purposes set out above (see Section 3 ‘How we use the data’).
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us by contacting us via the contact details in Section 14 ‘Contact Us’.
Information about, access to, and rectification of your personal data
According to applicable laws, you have the right to obtain confirmation as to whether or not personal data concerning you are being processed (pursuant to the process described above), and, where that is the case, the right to access and rectify your personal data you have shared with us. Through your settings of the Services, you can access and update your account information and change your profile settings.
If you wish to limit or change access to or the sharing of your personal data with a social network, please do this via your account settings on that social network.
Accuracy of your personal data
We take reasonable measures to ensure that you are able to keep your personal data accurate and updated. You can always approach us in order to obtain confirmation whether or not we still process your personal data.
If you find out that your personal data processed by us is inaccurate or incomplete and you are unable to update your personal data according to Section 2 of this Privacy Policy, you may request us to update such personal data. We will verify your identity and update your personal data on your behalf.
Erasure of your personal data
You can ask us to erase your personal data at any time. If you approach us with such a request, we will delete all your personal data we have without undue delay, provided that your personal data is no longer necessary for the provision of the Services or other permitted purposes, in particular in connection with exercising and defending our legal rights, or meeting our legal obligations. We will also delete (and ensure deletion by the processors that we engage) all your personal data in case you withdraw your consent or in the circumstances that the law requires us to do so.
Restriction of processing
If you request us to restrict the processing of your personal data, e.g. in circumstances when you contest the accuracy, lawfulness or our need to process your personal data, we will limit processing of your personal data to the necessary minimum (storage) and, if applicable, will process them only for the establishment, exercise or defense of legal claims or, where necessary, for protection of rights of another natural or legal person, or other limited reasons dictated by the applicable law. In case the restriction is lifted, and we continue processing your personal data, you will be informed accordingly without undue delay.
Portability of your personal data
You have the right to receive personal data relating to you and which you have provided to us. If you approach us with such request, we will provide your personal data in commonly used and machine-readable format to you without undue delay from receipt of your request. If you request so, we will send your personal data to a third party (another data controller) which you will identify in your request, unless such request would adversely affect rights or freedoms of others and where technically feasible.
Objection to processing
You have the right to object to our using your personal data on the basis of our legitimate interests (refer to Section 4 above to see when we are relying on our legitimate interests) (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. In such case, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for their further processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of our legal claims. If you object to processing of your data for direct marketing purposes, we will cease to process your data for these purposes.
Withdraw your consent
If you have provided us any consent with the processing of personal data, for example for marketing communication, you can withdraw your given consent at any time without stating any reason. We will block your personal data for any further processing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing based on consent before its withdrawal.
Complaint to a data protection authority
You have the right to submit a complaint concerning our data processing activities to Úřad pro ochranu osobních údajů, at Pplk. Sochora 727/27, 170 00 Praha 7, Czech Republic.
13. Children
Our Services are not designed or intended for use by children under 18 and we do not intentionally or knowingly collect data from children under 18 or allow them to register. If you are under 18, you should not use our Services or websites through which the Services are available unless a parent or guardian is present. Children under 18 may not submit any information to us, and if we discover that we have inadvertently gathered any such information for a child under 18 or such child has created an account, we will take steps to delete any such information and close that account as soon as possible. If your child has submitted information, and you wish to review, change and/or delete such information as well as refuse to allow any further collection or use of the child’s information, or if you have reason to believe that this has occurred involving a child under 18, please contact us following the process stipulated in this Privacy Policy.
14. Contact Us
If you have any queries regarding our data collection and protection practices or your rights, please do not hesitate to contact our Data Protection Officer at dataprivacy@emplifi.io.
