Last Updated: September 16, 2020
Two types of data are pertinent to our ability to fulfill business or commercial purposes, including: (1) information that Customers decide, in their full discretion, to insert into the Platform where such information relates to the Customers’ End Users, including such Customer End Users’ Technical Information, Behavioral Information, and Personal Information (collectively, “Customer End User Data”); and (2) information that we collect from Customers in connection with their use of the Platform, including such Customers’ name, billing information, employees and representatives who are authorized by Customers to use the Platform, their email, phone number, address, or other contact details, or Technical Information or Behavioral Information related to Customers, their employees, or representatives (collectively, “Platform Usage Data”). Either way, we never collect information directly from a Customer End User.
Customer End User Data and Platform Usage Data may include:
We may collect Customer End User Data or Platform Usage Data through the following methods:
The way we use data depends on whether such data constitutes Customer End User Data or Platform Usage Data.
We collect and use Customer End User Data to enable Customers’ optimal use of the Platform, to fulfill or meet the Customer’s request or to provide Explorium’s services, or to respond to an inquiry, to comply with our legal obligations, or to exercise and enforce our legal rights . We also serve as a processing service provider (“sub-processor,” per the GDPR) of any data that Customers provide to us, as explained elsewhere herein.
We collect and use Platform Usage Data for the following purposes:
In addition, we may use information derived from the aggregation of Customer End User Data and/or Platform Usage Data in combination with other data (“Aggregated Data”) for research and analytics purposes, or to improve or market the Platform to preform our services to our Customers. Aggregated Data is anonymous, and Explorium does not reveal the identity of any Customer or Customer End User.
Explorium does not share, sell, or disclose Platform Usage Data or Customer End User Data with or to any third party except to meet Explorium’s legitimate business or commercial purposes. Explorium shares Platform Usage Data and Customer End Data (described in Section 2 above) with the following third parties as needed to fulfill purposes set forth in Section 3 above:
Explorium may need to transfer Platform Usage Data or Customer End User Data to countries other than the country from which the Data originated. Any such transfer will be done in compliance with all applicable laws. By using the Explorium Platform, European Economic Area (“EEA”) Customers acknowledge, agree, and consent to Explorium’s sending and processing of customer and Customer End User PII to and in other jurisdictions outside the European Union and European Economic Area, including the United States, where less stringent data protection laws are in place.
Explorium is SOC2 and ISO 27001 certified and takes great care in implementing and maintaining the security of the Platform, Explorium’s services, Platform Usage Data, and Customer End User Data (for the purpose of this section, “Data”). Explorium hosts the Data through our authorized third-party service providers, including Amazon Web Services, which asserts that it provides advanced security features. Explorium employs industry standard policies and procedures to ensure the safety of its Platform and Data, and to prevent the unauthorized use of any of them. Notwithstanding the foregoing, as with any Software as a Service, we cannot guarantee that unauthorized access to the Data will never occur. Consequently, we cannot ensure or warrant the security of any Data that you transfer to us, and any information that you transfer to us is done at your own risk.
Explorium retains (i) Customer End User Data for as long as Customers require to use the Platform or as required or permitted by law; and (ii) Platform Usage Data for no more time than is necessary to serve the legitimate business need for which it was collected.
Explorium is deemed a “data processor,” while its Customers are deemed “data controllers,” under the laws of certain jurisdictions when processing PII of Customer End User Data in connection with the provision of the Platform and services to a customer. We process any such PII solely for the purpose of providing the services per our Agreements with Customers and their instructions and authorizations provided in such Agreements. Customer End Users should therefore closely review the Privacy Policies of the applications, services, and websites they access to understand our Customers’ privacy practices.
The following legitimate interests are the lawful bases on which Explorium relies to process Platform Usage Data: (i) to provide its Customers using the Platform with more accurate analysis and better predictive models; (ii) to improve, personalize and market our Platform; and (iii) to promote the safety and security of our Platform. Explorium processes Platform Usage Data to perform its obligations under the Agreements with its Customers and, where appropriate, with the consent of its Customers.
EEA users have a number of legal rights with respect to their PII, including accessing, updating, and exporting personal data, editing and deleting personal data. In certain circumstances, you can object to processing of your information, or request that Explorium completely delete your information from our database. Where Explorium is deemed a data processor, Customer End Users should contact our Customers to enforce any such data subject legal rights. Explorium will cooperate with its Customers to support and comply with any such data subject rights requests. Where Explorium is deemed a data controller, Customer End Users may exercise their rights by contacting Explorium at firstname.lastname@example.org. We will respond to your requests within a reasonable timeframe. Please note that these rights may be limited in certain circumstances, as provided by applicable law.
If you are an individual from California please note that in the preceding twelve (12) months, we may have received information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household, including but the following categories of information:
In addition, in the preceding twelve (12) months, Explorium may have:
California Civil Code Section 1798.83 permits California resident-consumers to request certain information once per year regarding the disclosure of their PII to third parties for purposes of their direct marketing to California resident-consumers. To make such a request, please send us an e-mail at email@example.com with “Shine the Light Request” in the subject line. Please note that we evaluate a “Shine the Light” request to determine whether it is proper under the scope of this law before we respond.
California residents may have the following additional rights from January 1, 2020:
If you would like to exercise one or more of the above rights, please contact us using the contact information provided in Section 13. You may also designate an authorized agent, registered with the California Secretary of State, to make such a request on your behalf. The authorized agent must be registered with the California Secretary of State and must have written permission to submit requests on your behalf. Whenever feasible, we will match the provided identifying information to the PII already maintained by us for verification purposes. If we cannot verify the identity of the requester using the information in our possession, however, we may request additional information to verify your identity.
Our Platform is not intended for children, and our Platform is not designed to attract children. We do not knowingly collect, and we do not sell, PII from children. In the event that we learn that we have collected PII from a person under the age of majority in his or her jurisdiction, we will delete all such PII as soon as possible.
Also, Explorium has appointed an EU Representative, Symmetry Solutions Ltd., based in Ireland, who you may address if you are located in the European Union to ask any questions about our processing of your personal data, including any requests to exercise your rights provided by the General Data Protection Regulation (EU) 2016/679. You can contact our EU Representative by email at: firstname.lastname@example.org , or by post: FAO Explorium EU Rep, Symmetry Solutions Ltd, The Tara Building, 11-15 Tara Street, Dublin 2, D02RY83, Ireland