Aytm EU Privacy Policy

1. Important information and who we are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how Umongous collects and processes your personal data through your use of the AYTM.com domain, including its subdomains (collectively the “Website”), including any data you may provide through the Website when you register to create an account with us, including for a free trial, when you sign up to our e-newsletter, subscribe to our RSS feed or blog email alerts, log in to our website via one of your social network accounts, contact us by chat, email or telephone, or when you purchase one of our Services.

This Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on this Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please reach out using the following: Contact details.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

Controller

Umongous, Inc. is the controller and responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details

Our full details are:

Umongous, Inc.
Data Privacy Manager
Email address: privacy@aytm.com
Postal address: 3000 Atrium Way, Suite 260, Mount Laurel, New Jersey, 08054, USA

As an EU resident, you also have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us at privacy@aytm.com in the first instance.

Changes to the Privacy Policy and your duty to inform us of changes

This version was first published on May 18th, 2018.

Please note that the data protection law in the EU will change on 25 May 2018. Although this Privacy Policy sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 25th, 2018 as we are still working towards getting our systems ready for some of these changes.

We reserve the right to change the terms of this Privacy Policy at any time. If we change our Privacy Policy, we will notify you of such changes by way of a pop-up notice on the Website announcing that the Privacy Policy has changed. We may notify you by email of any material changes we make to these terms.

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.

Third-party links

This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, nor are we responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, last name, username or similar identifier, title, job title, time zone, and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback (including satisfaction), industry segment and survey responses.
• Usage Data includes information about how you use our Website and Services, such as the buttons you click on, the pages of our Website that you visit, the time spent on those pages, your search queries, the dates and times of your visits.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Survey Data includes questions and answers that are included in surveys you create using our Services. If you include personal data in your survey questions, these will be disclosed to individuals taking part in those surveys.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We do not knowingly collect any Special Categories of Personal Data about you (this 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). Nor do we knowingly collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  
• comment on a blog entry or offer a testimonial or review regarding our Services. Please be aware that any comment or review you may offer will be displayed in publicly accessible areas of our Website, and that any information you provide in these areas might therefore be read, collected, and used by others who access them; if you provide a testimonial, your name will also be posted publicly on our Website along with the testimonial;
• use our chat feature to receive technical support or ask general questions regarding the use of our platform and Services. If our live chat is offline at the time to wish to connect with us, we will collect your Identity Data so that we may reply to your request through our support desk;
• purchase a subscription to one of our Services;
• subscribe to our blog email alerts; or
• request marketing to be sent to you; or
• enter a competition, promotion or survey.
• Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  
• Technical Data from the following parties:
  
• (a) analytics providers such as Google based inside and outside the EU
• (b) advertising networks such as Google Ad Network based inside and outside the EU; and
• (c) search information providers such as Google based inside and outside the EU
• Contact, Financial and Transaction Data from providers such as Stripe of technical and payment based inside and outside the EU.
• Identity and Contact Data from data brokers or aggregators based inside and outside the EU.
• Identity and Contact Data from publicly available social networks such as LinkedIn.com based inside and outside the EU.
• Identity and Contact Data from website monitoring services such as Zendesk based inside and outside the EU.
• Identity, Profile and Contact Data from social networks such as Facebook, Disqus, Twitter, or Google based outside the EU when you log in through your account with such networks to comment on one of our blog entries.
• Identity and Contact Data from publishers such as Greenbook who organize webinars and marketing campaigns based inside and outside the EU.

Should you wish to obtain a list of all third party sources from which we collect personal data about you, please contact us at privacy@aytm.com .

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at privacy@aytm.com .

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at privacy@aytm.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To modify permissions you can access User Info by logging into the Website and selecting your Account tab where you can view and make certain decisions about your personal data use.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased services] from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside our company for marketing and/or advertising purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website, selecting the Account tab, accessing your User Info and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at support@aytm.com at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly. For more information about the cookies we use, please see full cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at privacy@aytm.com

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We share our users’ personal data within our company. If you are based in the European Union this will involve transferring your personal data outside the European Economic Area (EEA).

Many of our external third parties are also based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see EUROPEAN COMMISSION: ADEQUACY OF THE PROTECTION OF PERSONAL DATA IN NON-EU COUNTRIES.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see EUROPEAN COMMISSION: MODEL CONTRACTS FOR THE TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see EUROPEAN COMMISSION: EU-US PRIVACY SHIELD.

Please contact us at privacy@aytm.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

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.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available by contacting us at privacy@aytm.com .

In some circumstances you can ask us to delete your data by submitting a formal request to deletemyaccount@aytm.com: see Request erasure below for further information.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at privacy@aytm.com .

Notwithstanding your right to contact us at any time at the above email address to exercise your legal rights, if you have an account with us you may exercise your legal right to access or correct your personal data by directly logging into your account on the Website by clicking the account link in the menu bar, selecting the category of personal data that you wish to correct, and typing in the corrected information. If you are a part of a team account, please contact your team owner to address any access issues prior to contacting us at privacy@aytm.com .

If you wish to update or delete a customer testimonial you had provided, please contact us at the same address.

In certain circumstances, exercising your legal rights may contravene the Terms of Use that you may have agreed to when opening an account or otherwise interacting with the Website, in such case we may not be able to honor your request to exercise those rights. In that event, we will notify you accordingly at the time of the request.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.