Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession), such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.
Non-Personal Data means un-identified and non-identifiable information pertaining to an individual, which may be made available to us, or collected automatically via his/her use of the Services. Such Non-Personal Data does not enable us to identify the individual from whom it was collected. The Non-Personal Data collected by us mainly consists of technical and aggregated usage information, such an individual’s browsing and ‘click-stream’ activity on the Services as well as non-identifying information regarding the individual’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.
Subscriber means a natural or legal person who has registered for an account with us in order to use our Software Services or Payment Services. With respect to Software Services, Subscribers include those who have a paid account or a free trial account.
Visitor means a natural or legal person who visits the Website.
End User means a visitor, user, prospect or customer who interacts with a Subscriber via one of our Software Services.
Data Processors (or Service Providers)
Visitor and Subscriber Information
We collect or obtain Non-Personal Data and Personal Data. Personal Data we collect or obtain includes:
Contact details (e.g., name, address, email, telephone number),
Billing data (e.g., name, physical billing address, payment method and transaction details, etc.),
Browsing and usage data which, in some jurisdictions, is considered to be Personal Data.
Information voluntarily submitted to us by a Subscriber in connection with Software Services Payment Services,
Scanned identification documents provided to us (such as an ID card, driver’s license, passport or official company registration documents),
Any other Personal Data provided to us by Visitors and/or Subscribers through their access to and/or use of the Services.
End User Information
We may also collect similar information pertaining to End Users, solely for and on our Subscriber’s behalf as described in the “End User Information” section below.
There are two main methods we use:
Personal Data provided by you. We collect information which you provide us voluntarily. For example, we collect the Personal Data you provide us when you register to our Services; when you submit, upload or otherwise voluntarily provide Personal Data in connection with any of our Services; and/or when you contact us directly by any communication channel (e.g., email, phone, text messages).
Automatically Collected User Information. When you access and use our Service, we and/or third party Service Providers may automatically collect and store, in log files or other electronic formats, your Internet Protocol (IP) address, browser type, referring/exit pages, operating system, date/time stamp and other information. If you are a resident of the European Union, information such as an IP address is considered to be Personal Data.
MSS uses the collected information for various purposes:
To provide, operate and maintain our Service
To further develop, customize and improve our Services based on the experiences of Visitors and Subscribers.
To notify Subscribers about changes to our Service
To provide customer assistance and technical support to our Subscribers
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To enhance our data security and fraud prevention capabilities
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
To comply with an applicable laws and regulations
We will only use your Personal Data for the purposes set out above where we are satisfied that:
you have given us permission to do so, or
our use of your Personal Data is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide Software Services to you, to provide you with our customer assistance and technical support, etc.), or
our use of your Personal Data is necessary to comply with a relevant legal or regulatory obligation that we have, or
our use of your Personal Data is necessary to support legitimate interests, provided that such use is not overridden by your privacy rights.
MSS may collect, store and process certain Non-Personal Data and Personal Data of End Users ( “End User Information”), solely on our Subscriber’s behalf and at their direction. For such purposes, MSS serves as a Data Processor and not as a Data Controller of such End User Information. The Subscribers controlling such End User Information shall be considered as the Data Controllers of such End User Information, and are responsible for complying with all laws and regulations that may apply to the collection and control of such End User Information, including all privacy and data protection laws of all relevant jurisdictions.
Subscribers are responsible for the security, integrity and authorized usage of End User Information, and for obtaining consents, permissions and providing any fair processing notices required for the collection and usage of such information.
MSS cannot provide legal advice to Subscribers or their End Users, however we do recommend that all Subscribers publish and maintain clear and comprehensive privacy policies, in accordance with the applicable laws and regulations, and that all End Users carefully read those policies and make sure that they consent to them.
If you are a visitor, user or customer of any of our Subscribers please note that we do not have a direct relationship with the individual End Users whose Personal Data we process. If you are a visitor, user or customer of any of our Subscribers, and would like to make any requests or queries regarding your Personal Data, please contact such Subscriber(s) directly. For example, if you wish to access, correct, amend, or delete inaccurate information processed by MSS on behalf of its Subscribers, please direct your query to the relevant Subscriber (who is the “Data Controller” of such data). If requested to remove any End Users’ Personal Data, we will respond to such requests within thirty (30) days. Unless otherwise instructed by our Subscriber, we will retain their End User’s Personal Data for the period set forth in “Data Retention” section below.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
We may disclose your Personal Data:
To our strategic partners and third-party service providers who provide services such as website hosting, content delivery services (CDN), domain registration, data analytics, payment processing services, customer service and technical support, email delivery, text message delivery, credit card processing, auditing and other similar services (collectively, “Third Party Service(s)”).
To our Subscribers, if you are an End User and are using Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.
To business partners in the context of a corporate transaction. Symmetric Technologies, Inc. will retain a legitimate interest in disclosing or transferring Personal Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring or target entity and its advisors.
To comply with a legal obligation
To protect and defend our rights or property
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Please note that we may use and disclose Non-Personal Data for any purpose, except where not allowed under applicable law. If we are required to treat Non-Personal Data as Personal Data under applicable law, then we may use it for all the purposes for which we use and disclose Personal Data. In some instances, we may combine Non-Personal Data with Personal Data. If we combine any Non-Personal Data with Personal Data, we will treat the combined information as Personal Data.
MSS, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts).
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Cookies and other tracking technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide a better experience to Visitors, Subscribers and End Users.
We take reasonable steps to put in place appropriate physical, electronic, and procedural safeguards to protect the integrity and security of Visitor, Subscriber and End User Personal Data and to prevent unauthorized or unlawful processing of, or the accidental loss, destruction, or damage to such data. However, data transmissions over the Internet and methods of electronic storage are not 100% secure. Consequently, we cannot guarantee or warrant the security of any Personal Data transmitted to us. Visitors and Subscribers who transmit Personal Data to us do so at their own risk.
We will retain Personal Data of Visitors, Subscribers and End Users for as long as permitted in light of the purpose(s) for which it was obtained and consistent with applicable law, or as otherwise needed to provide Services to our Subscribers.
We may continue to retain such Personal Data even after a Subscriber ceases to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Subscribers and/or their End Users, to prevent fraud and abuse, to enforce our agreements and/or to protect our legitimate interests.
MSS as Data Controller
Upon request, we will provide you with information about whether we hold or process your Personal Data. Subscribers can access and edit their account information with MSS at any time by logging into their Software Services account. You can also contact us firstname.lastname@example.org, and we will respond as soon as possible, but at most within 30 days.
MSS as Data Processor
MSS acknowledges that End Users have the right to access and change the Personal Data we collect and process as a Data Processor. An End User who seeks to access or to correct, amend, or delete Personal Data should direct their request to the MSS Subscriber who is the Data Controller, and not to MSS directly. If the Data Controller requests MSS remove Personal Data we will respond within a reasonable timeframe.
Visitors and Subscribers from the European Economic Area
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. MSS aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your Software Services account. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification.You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your Personal Data.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where MSS relied on your consent to process your Personal Data.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We usually act on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for baseless or excessive/repeated requests, or further copies of the same information. Alternatively, we may be entitled to refuse to act on the request.
Please consider your request responsibly before submitting it. We will respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know.
Our Service is not intended for or directed to anyone under the age of 18. We do not knowingly collect Personal Data from anyone under the age of 18. If you learn that your child has provided us with Personal Data without your consent, you may alert us at email@example.com. If we learn that we have collected any Personal Data from children under 18 without verification of parental consent, we will take steps to delete such information.
Effective Date: May 25, 2018