Last Modified May 22 2018
EU Model Contract vs EU–U.S. Privacy Shield and Swiss–U.S. Privacy Shield
Under the GDPR, personal data may only be transferred outside the European Economic Area (commonly referred to as the EEA and which consists of the EU, plus Norway, Iceland, and Liechtenstein) in certain circumstances, such as to a country whose data protection laws are deemed “adequate” by the European Commission, or by relying on an approved data transfer mechanism.
Because we’re outside of the EU and located in the USA, we currently offer customers the EU MODEL CONTRACT (the alternative to Privacy Shield, which comes from the EU and is provided by the FTC) to enable the lawful flow of personal data from the EEA to DilogR in the United States
To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov
I. IMPORTANT INFORMATION
1.2. Contact Us
2. USE OF THE SUBSCRIPTION SERVICE BY DILOGR AND OUR CUSTOMERS
2.1. The DilogR Subscription Service
DilogR online Subscription Service allows any company or individual that uses it (our customers and DilogR itself) to create content that helps their webpages and other content to be more engaging, entertaining, educational and relevant. The visitors may learn more about the company, download content, take quizzes, polls, surveys, use interactive images and videos. They may also provide their contact information and other demographic information. This information, which is stored and managed on our service providers’ servers, is then used so that the visitors can be contacted about their interest in the company’s goods or services and interact with the company.
DilogR provides the Subscription Service to our customers for their own external or internal purposes (i.e. marketing, customer service, training) and lead generation, and we use it on our website for our own purposes and lead generation.
2.2. Use by DilogR
2.3. Use by Our Customers
DilogR acknowledges that you have the right to access your Personal Information. Our customers control and are responsible for correcting, deleting or updating information they have collected from you using the Subscription Service. If requested to remove data we will respond within a reasonable timeframe. We may work with our customers to help them provide notice to their visitors about their data collection, processing and usage. We are not responsible for our customers’ use of information they collect on the suscription service.
DilogR collects information under the direction of you – our customers. We have no direct relationship with the individuals whose Personal Information we process for our customers. If you are a customer of one of our customers and would no longer like to be contacted by one of our customer that use our Subscription Service, please contact the customer that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.
2.4. “Sensitive Data”
In general we do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
TIP: Please do NOT create questions in your projects asking for credit card details, passport numbers, social security information, passwords, or similar types of information—we may remove your projects without notice that ask for this type of information
3. INFORMATION WE COLLECT
In general our legal basis for collecting and using the personal information described below will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
3.1. When You Visit our Websites (“Visitors”)
You are free to explore the DilogR website without providing any Personal Information about yourself. Only when you register for the Subscription Service or need other paid Services, we request that you provide Personal Information about yourself, and we collect Usage Information.
3.2. “Personal Information”
Personal information is any information that you voluntarily submit to DilogR. The submitted information identifies you personally, including contact information, such as your first and last name, email address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Website, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or any publicly available information that we may acquire from service providers.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com . In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
3.4. “Usage Information”
This refers to information about your computer (device) and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed.
Please see the “Usage Data” section below.
3.5. Payment Information
When you subscribe to the Subscription Service, we collect and process payment information from you, including credit cards numbers and billing information, using third party PCI-compliant service providers.
Except for this, we do not collect Sensitive Information from you.
3.6. Information About Children
DilogR Services are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13 (or under a higher age if permitted by the laws of their residence). If you believe that we have collected information about a child under 13, please contact us at firstname.lastname@example.org, so that we may delete the information.
4. HOW WE USE THE INFORMATION WE COLLECT
4.2. We Never Sell Personal Information
We will never sell your Personal Information to any third party.
4.3. Use of Personal Information
(a) improve your browsing experience by personalizing the Website and to improve the Subscription Service;
(b) send information to you which we think may be of interest to you by post, email, or other means;
(c) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of
(d) provide other companies with statistical information about our users — but this information will not be used to identify any individual user.
We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party.
In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information. If you do not want us to share your personal information with these companies, contact email@example.com
We use the information collected through our Subscription Service by our customers for the following purpose
As a Data Processor we may process the following information about Respondents on behalf of our customers:
This information is usually collected for any of the projects our customers deploy using DilogRs Service.
We may collect any of this information from respondents for example during a survey or quiz : Email, First name, Last name, Phone Number, Address: City, State, Zip Code, Country, Street Address, Company Name, Company Size, Company Type,Number of employees, Job. We can provide our customers information how the respondents reacted to their projects such as a quiz in the format of Views, Minutes , Viewed, Affiliate Id, Code, Project id , Participation date, IP , CTA clicks. Generally most customers will only ask limited personal information from their respondents such as First name and email to be able to provide the results via email.
For Webinars we collect Registration date, Attended, for quizzes Quiz Segments, Section Score, Persona Image: Clicks, Hover. Uploaded images. In addition other information entered in open-ended questions are processed. No data is aggregated in multiple projects –> (a) to provide the Subscription Service (which may include the detection, prevention and resolution of security and technical issues);
(b) to respond to customer support requests; and
(c) otherwise to fulfill the obligations under the DilogR Customer Terms of Service.
4.4. Use of Usage Information
We use Usage Information to operate and improve the Website and the Subscription Service. We may also use Usage information alone or in combination with Personal Information to provide you with personalized information about DilogR. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website, improving service experience, our business and developing new products and services..
4.5. Customer Testimonials and Comments
We may post customer testimonials and comments on our Website, which may contain Personal Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.
4.6. Use of Credit Card Information
If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We occasionally send you communications of a transactional nature (e.g. billing-related matters). You cannot opt out of these communications since they are required to provide our services to you.
We use a third-party service provider to manage credit card processing.
This PCI compliant service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
4.7. Service Providers
We employ other companies and people to provide services to visitors to our Website, our customers, and users of the Subscription Service and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.
4.8. Security of your Personal Information
We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.
When and if sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Website and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
If you have any questions about the security of your Personal Information, you can contact us via firstname.lastname@example.org
4.9. Social Media Features
Our Website may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites.
4.10. External Websites
Our Website may provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices.
4.11. Public Forums
We may offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others.
If you request, we will correct or delete any information you have posted on the Website, as described in “Opting Out and Unsubscribing” below
4.12. Retention of Personal Information
We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Subscription Service or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information.
We will delete this information from the servers at an earlier date if you so request, as described in “Opting Out and Unsubscribing” below.
If you provide information to our customers as part of their use of the Subscription Service, our customers decide how long to retain the personal information they collect from you. Example: You take a long personality test.
If a customer terminates its use of the Subscription Service, then we will provide customer with access to all information stored for the customer by the Subscription Service, including any Personal Information provided by you, for export by the customer according to our agreement with our customer. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Subscription Service.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
4.13. International Transfer of Information
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data.
*We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
*If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
*Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
4.14. Corporate Events
If DilogR LLC (or our others assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by DilogR LLC on the Websites and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
4.15. Compelled Disclosure
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
5. USAGE INFORMATION
We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time.
The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Website, or register for the Subscription Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the DilogR Subscription Service or Websites you visit. DilogR keeps track of the Websites and pages you visit within DilogR, in order to determine what portion of the DilogR Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the DilogR Website and Subscription Service to customers whose behavior indicates that they are interested in a particular subject area.
For more general information on cookies, see http://www.allaboutcookies.org
5.2. Log Files
There is also information about your computer hardware and software that is automatically collected by us. This information may include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses.
This information is used by DilogR for the operation of the Subscription Service, to maintain quality of the Subscription Service, and to provide general statistics regarding use of the DilogR Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.
5.3. Usage Information Collected by Our Customers
Our customers can use the tools we provide, as well as tools provided by third parties, to collect Usage Information when you visit their webpages on the Subscription Service. DilogR does not control our customers’ use of these tools, nor do we control the information they collect or how they use it
5.4. Flash Cookies and Other Third Party Tracking Technologies
The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.” DilogR does not use Flash cookies.
If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here: preferences.truste.com (or if located in the European Union, by clicking here: ).www.youronlinechoices.eu
5.6. Third Party Tracking Technologies
6. OPTING OUT AND UNSUBSCIBING
6.1. Reviewing, Correcting and Removing Your Personal Information
Upon request DilogR will provide you with information about whether we hold any of your Personal Information. Under GDPR, EU data subjects are entitled to exercise the following rights if you provide us with your Personal Information:
To exercise any of these rights, please contact us at email@example.com or by mail to DilogR LLC, 43 Rainey Street Suite 3201, Austin, TX 78701 Att: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
6.2. Anti-Spam Policy
Our Acceptable Use Policy LINK, applies to us and to our customers and, among other things, prohibits use of the Subscription Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Subscription Service of an “opt-out” mechanism and other required information. We require all of our customers to agree to adhere to the Acceptable Use Policy at all times, and any violations of the Acceptable Use Policy by a customer can result in immediate suspension or termination of the Subscription Service.
6.3. To Unsubscribe From Our Communications
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, or by sending us email us at firstname.lastname@example.org or by sending us postal mail to DilogR LLC, 43 Rainey Street Suite 3201, Austin, TX 78701 Att: Privacy.
Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.
6.4. To Unsubscribe from Our Customers’ Communications
Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications.
You can unsubscribe from our customers’ marketing communications by clicking on the “unsubscribe” link located on the bottom of their emails, or by contacting them directly.
43 Rainey Street Suite 3201
Austin, TX 78701 USA
Last Modified May 22 2018
IF you are an EU Resident and/our customer who has clients in EU , please check our DATA PROCESSING ADDENDUM (DPA).