Showpad Privacy Policy – Showpad as Controller

last update April 20, 2018

This Privacy Policy applies in all situations whereby Showpad i) is processing information which relates to You (as being an identified or identifiable natural person) (“Personal Data”), and ii) for which Showpad determines the purposes and means of processing. Such Personal Data may be obtained through Your “Interactions” (manually or automatically).

This Privacy Policy does NOT apply to Your use of, or interaction with the Showpad SaaS sales enablement solution (or content managed thereon) unless:

  • You are acting as an administrator of the Showpad SaaS sales enablement solution;
  • content  belonging to or controlled by Showpad NV (or one of its affiliates) is being made available to You by a collaborator of Showpad NV (or one of its affiliates) through the Showpad SaaS sales enablement solution. 

Where the privacy policy does not apply, the principles at www.showpad.com/gdpr shall apply

  • 1. What "Interactions" trigger this Privacy Policy to become applicable?

    Your:

    • Use or visit of any website belonging to the Showpad.com domain, referring thereto, or operated by a third party on behalf of Showpad (“Website”)(e.g. filling in contact forms, sending e-mail, telephone contact, newsletter subscription, chat, IP Address, event registration, etc.), or any use of Showpad Content;
    • Use of the Showpad Products and Services under an administrator account.
    • Interactions with Showpad through certain sales and/or marketing interactions (e.g. face-to-face meetings at exhibitions, sales pitches, commercial gatherings, training session, social media interactions, Showpad Sales enablement Solution etc.);
    • Interactions with (software) tools related to the foregoing (e.g. direct marketing tools, job applications tools, account registrations, etc.); and/or
    • Explicit acceptance of this Privacy Policy

    will lead to the fact that Privacy Policy becomes effective to such Interaction.

  • 2. For what purpose & under what legal grounds do we process your personal data?

    Some of the Purposes described here below may be supported or enabled by the use of a Cookie (see section 10 below) and/or Web Beacons (i.e. electronic images (also called “gifs”) in order to enable certain features as covered under this Privacy Policy or in order to help deliver a Cookie.

    Showpad may (be required to) process certain Personal Data for the following purposes:

    2.1 Contract Administration

    This purpose relates to the processing of Your first name, last name, address, email, telephone number, job title, company name, billing information, and/or account actions & activities, in order to:

    • negotiate, execute, renew and/or manage a contract with You, as well as in respect of the Showpad Products and Services provided thereunder;
    • process billing information and payments related thereto; and/or
    • communicate with You in respect of the above (including sending (legal) notifications) and other contract related items.

    Processing of Personal Data for this Purpose is based on section:

    • 6,1 b) GDPR (“processing is necessary for the performance of a contract to which the data subject is party“ or “in order to take steps at the request of the data subject prior to entering into a contract”); and/or
    • 6,1 c) GDPR (“processing is necessary for compliance with a legal obligation to which the controller is subject“)(e.g. retention of log files)

    The Processing of this Personal Data is an absolute requirement, without which Showpad will not enter into a contract with You or even means that Your contract may be suspended or terminated by Showpad.

    2.2 The use as administrator of the Showpad Products and Services

    This purpose relates to the processing of Your first name, last name, address, email, telephone number, job title, company name, account actions & activities, IP address, account preferences, uploaded content, device information, screenshots shared and/or Your actions within  the Showpad Products and Services in order to:

    • set-up and manage the administrator account of the Showpad Products and Services
    • interact with You (as an administrator) in respect of the Showpad Products and Services (e.g. software updates, product announcements,…) as well as the related contract;
    • manage and respond to Your questions (e.g. technical, commercial or administrative); and/or
    • manage and respond to Your tickets and requests for maintenance and support.

    Processing of Personal Data for this Purpose is based on section:

    • 6,1 b) GDPR (“processing is necessary for the performance of a contract to which the data subject is party“ or “in order to take steps at the request of the data subject prior to entering into a contract”);
    • 6,1 c) GDPR (“processing is necessary for compliance with a legal obligation to which the controller is subject“)(e.g. retention of log files); and/or
    • 6,1 f) GDPR (“processing is necessary for the purposes of the legitimate interests pursued by the controller”), and more specifically the fact that a close interaction between the administrator and Showpad is necessary for the smooth working and operation of the Showpad Products and Services, in which situation the administrator plays a crucial role.

    The Processing of this Personal Data is an absolute requirement. You not allowing us to process (all or some of) this Personal Data may mean that Showpad will not be able to provide You the Showpad Products and Services or even means that Your account or contract may be suspended or terminated by Showpad.

    2.3 The use of the Website

    In case You are making use of the Website, this purpose relates to the processing of Your first name, last name, email, address information (all in case you would be making use of our Website under a user account), as well as IP address, the (web) page you were visiting before you came to the Website, information you search for on the Website, and, Your interactions with the Website in order to:

    • enable You to enjoy the use of, and easily navigate the Website; and/or
    • better understand Your needs and interests.

    Processing of Personal Data for this Purpose is based on section 6,1 a) GDPR where the data subject “has given consent to the processing of his or her Personal Data for one or more specific purposes”.

    Also, we refer to our Cookie Policy (see below).

    2.4 Downloads from the Website

    In case You are downloading content from the Website, this purpose relates to the processing of Your first name, last name, address, email, address, telephone number, job title, and/or company name (all where such data is requested in the applicable form), as well as IP address, order to allow for downloads and/or access content on the Website.

    Processing of Personal Data for this Purpose is based on section:

    • 6,1 a) GDPR where the data subject “has given consent to the processing of his or her Personal Data for one or more specific purposes”; and/or
    • 6,1 f) GDPR (“processing is necessary for the purposes of the legitimate interests pursued by the controller”), and more specifically the fact that Showpad values and wishes to protect its intellectual property rights and/or trade secrets, which is a key asset to Showpad, for which Showpad needs to be able to at least know which persons receive such related information.

    The Processing of this Personal Data is an absolute requirement. You not allowing us to process (all or some of) this Personal Data this Personal Data may mean that You may not be allowed access to the download in question.

    2.5 Training & improvements

    Whenever You are Interacting with Showpad, this purpose relates to the processing of Your Interactions, including recordings (sound and/or video) of the conversation(s), demo(s) and/or presentations being the subject matter of that Interaction (“Recordings”) in order to:

    • Train Showpad collaborators, to allow for a better Interaction with You; and/or
    • Improve the Website as well as the Showpad Products and Services (including in respect of functionality, user-friendliness, to better tailor it to Your needs, …).

    For avoidance of doubt, Recordings shall only be used: i) Internally at Showpad for training and coaching purposes of Showpad collaborators, and ii) to share such Recordings with the participants of the Recording.

    Processing of Personal Data for this Purpose is based on section 6,1 a) GDPR where the data subject “has given consent to the processing of his or her Personal Data for one or more specific purposes”. You represent that You are entitled to give consent to this Privacy Policy on behalf of Yourself as well as the other participants on Your side of the Interaction (e.g. in case of Recordings)

    2.6 Event organisation

    This purpose relates to the processing of Your first name, last name, address, email, telephone number, job title, company name, Photo/video recordings, and/or billing information in order to:

    • Process Your registration to the event as organised by Showpad (alone or jointly with another organiser) or organised by a third party on behalf of Showpad;
    • Contacting you in respect to Your registration;
    • Proceed with billing and payment of Your registration (if applicable);
    • Invite You to similar events;
    • Propose events to You which Showpad – in its reasonable opinion – may consider relevant or interesting to You;
    • Sharing Your Personal Data with the other parties involved in the organisation of the event; and/or
    • Publish photo/video recording of You participating at the event in related or relevant publications, Website and/or social media of the parties involved in the organisation of the event (including for educational, news or promotional purposes, whether in print, electronic or other media).

    Processing of Personal Data for this Purpose is based on section:

    • 6,1 a) GDPR where the data subject “has given consent to the processing of his or her Personal Data for one or more specific purposes”; and/or
    • 6,1 b) GDPR (“processing is necessary for the performance of a contract to which the data subject is party“ or “in order to take steps at the request of the data subject prior to entering into a contract”).

    The Processing of this Personal Data is an absolute requirement in case where You are actually engaging in or registering for an event. You not allowing us to process (all or some of) this Personal Data may mean that Showpad will not be able to register Your participation to the event or even means that Your registration may be suspended or terminated by Showpad.

    2.7 Job applications

    In case You are responding to a job opening at Showpad, this purpose relates to the processing of Your first name, last name, address, email, telephone number and/or CV in order to:

    • (have) Process(ed) the job application You have submitted; and/or
    • Get in contact with You regarding Your job application.

    Processing of Personal Data for this Purpose is based on section:

    • 6,1 b) GDPR (“processing is necessary for the performance of a contract to which the data subject is party“ or “in order to take steps at the request of the data subject prior to entering into a contract”);
    • 6,1 b) GDPR (“processing is necessary for the performance of a contract to which the data subject is party“ or “in order to take steps at the request of the data subject prior to entering into a contract”); and/or
    • 6,1 f) GDPR (“processing is necessary for the purposes of the legitimate interests pursued by the controller”), and more specifically the fact that Showpad needs to be able to crosscheck Your claimed capabilities per the application You have submitted to the applicable job application.

    The Processing of this Personal Data is an absolute requirement. You not allowing us to process (all or some of) this Personal Data may mean that Showpad will not be able to process the job application you have made or verify Your claimed capabilities.

    2.8 Compliance with Laws and Law Enforcement Requests; Protection of Showpad’s Rights

    This purpose may (amongst others) include the processing of any such Personal Data to the extent when Showpad has a good faith belief that such processing is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse.

    Processing of Personal Data for this Purpose is based on section:

    • 6,1 c) GDPR (“processing is necessary for compliance with a legal obligation to which the controller is subject“); and/or
    • 6,1 f) GDPR (“processing is necessary for the purposes of the legitimate interests pursued by the controller”) and more specifically the fact that Showpad itself needs to be able to mitigate risk to damages and liabilities which may result from Your (illegal) actions.

    2.9 Direct Marketing

    This purpose relates to the processing of Your first name, last name, address, email, telephone number, job title and company name, depending on the type of Interactions You have had In order to Provide You with further information and offers from us or partners of Showpad that Showpad believes You may find useful or interesting, including newsletters, marketing, events or promotional materials and other information on services and products offered by us or third parties.

    Processing of Personal Data for this Purpose is based on section 6,1 a) GDPR where the data subject “has given consent to the processing of his or her Personal Data for one or more specific purposes”.

    Before Showpad processes Your Personal Data related to direct marketing purposes, Showpad shall first seek and obtain Your consent (opt-in).

    For avoidance of doubt, You shall have the right to object at any time to processing of Your Personal Data for direct marketing purposes, in which case Your Personal Data shall no longer be processed for this purpose. You may opt-out of receiving such promotional messages from us at any time by following the instructions on those messages, or alternatively, by contacting us at privacy@showpad.com.

  • 3. To which persons may Personal Data be disclosed?

    Showpad only shares Your Personal Data with:

    • Its and its affiliates’ employees and collaborators;
    • third party technology providers as embedded in the Showpad Products and Services (as required for the correct functioning of the respective service of each third party technology provider)(e.g. cloud hosting provider & data hosting);
    • Third Party maintenance & support recipients;
    • Showpad Partners (including in respect of offers of partners of Showpad, which Showpad, in its reasonable opinion, may believe to be of interest to You);
    • Other third parties to the extent Showpad has good faith belief that such disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse.

    Such disclosures shall always be limited to the Personal Data as required for the specific purpose of the recipient while taking into account the necessary provisions on confidentiality, integrity, availability and security of the data involved.

  • 4. Is there export of the personal data outside of the EEA?

    Showpad only transfers personal data outside of the European Economic area (“EEA”) if and when required by the third party service providers, third party technology providers, Showpad partners, as required for each such party’s specific task.

    In the current set-up of the Showpad, such export of personal data shall occur. Where such transfer occurs, Showpad ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses). More info, see https://ec.europa.eu/info/law/law-topic/data-protection_en.

  • 5. Your Rights as being the data subject

    You always have the right to:

    • obtain access to Your Personal Data as processed by Showpad;
    • request rectification, erasure or restriction of processing of Your Personal Data;
    • object to the processing of Your Personal Data where Your Personal Data is processed based on “consent”;
    • request to receive Your Personal Data in a format at the discretion of the Showpad (e.g. excel, .CSV file, via the Showpad API, …), that allows for the data portability of such data to a similar service;
    • where Your Personal Data is processed based on “consent”, withdraw Your consent for processing Your Personal Data at any time. However, be aware that withdrawal of Your consent does not affect any prior processing of Your Personal Data or processing occurring under another legal ground.

    In order to exercise such rights, please contact privacy@showpad.com. You shall have to provide proof of Your identity by providing an official document (e.g. ID Card, driver’s license, …) to Showpad in order to safeguard the fact that the right person is exercising such right.

  • 6. Duration of retention of Your Personal Data

    Showpad retains Your Personal Data (i) as long as Your Personal Data is relevant for the purpose, (ii) for the duration of any retention period that is required by law; or (iii) the end of the period in which litigation or investigations might arise in respect of the Website or Showpad Products and Services.

  • 7. What security measures does Showpad use?

    The Showpad information security program is ISO 27001 certified and combines all aspects in order to comply with section 32 GDPR in respect of (i) protection against unauthorised disclosures, ii) ensuring integrity, availability and resilience of the processing systems, and iii) maintaining the ability to restore the availability and access to the Personal Data being processed in a timely manner in the event of a physical or technical incident. The whole Showpad Information security program is managed by the Showpad Information Security Manager, and is audited on a regular basis by an external audit firm having the competent capabilities (see https://www.bsigroup.com/en-GB/our-services/certification/certificate-and-client-directory).

  • 8. Our policy towards children

    Showpad is not knowingly targeting children under the age of 18 year. If a parent or guardian becomes aware that his or her child has provided Personal Data that is processed by Showpad without their consent, he or she should contact Showpad at privacy@showpad.com. If we become aware that a child has provided us with Personal Data, Showpad will take the necessary steps to have that Personal Data irrevocably removed.

  • 9. Automated decision making

    Showpad does not use the Personal Data You have provided hereunder for any automated decision-making processes or techniques which create or deny rights to You.

  • 10. Cookie Policy

    10.1 What is a cookie?

    When visiting the Website or when You are making use of the Showpad (mobile) applications (“Applications”), a Cookie or similar technology, may be placed on Your end device or used during Your use of the Website, Application of related items (e.g. emails).

    A cookie is a tiny data file which is stored on Your end device (“Cookie”). A Cookie enables certain features and functionalities of the Website or Applications. A cookie does not contain or collect information in isolation, but when read by a server via Your web browser or through the Applications, it can provide information to such server to facilitate a more user-friendly service by registering, among other data, users’ preferences, detect errors, account information, device identification and/or collect data for statistics.

    When You disable one or more cookies, You will probably still be able to browse the Website and use the Applications, however certain features may not work as expected or may be deactivated as a result therefrom. Cookies may either be placed by Showpad through the Website and/or Applications, however, may also be placed by third parties who may or may not have a cooperation with the Website and/or Applications.

    10.2 Purpose and categories of Cookies used

    Showpad may employ the following Cookies in respect of the Website and/or the Applications:

    • Necessary / Technical Cookies

    These Cookies are necessary for providing an information society service as requested by You. These Cookies are used by Showpad to make the Websites and/or Applications work the way they are expected. These Cookies are essential and if the use of this type of Cookies is not allowed, we can’t provide services You have asked for. Such Cookies may include, but are not limited to:

    1. remembering previous actions (e.g. user entered text) when navigating back to a page;
    2. processing an order;
    3. Managing and passing security tokens to different services within a website to identify the visitor’s status (e.g. logged in or not);
    4. To maintain tokens for the implementation of secure areas of the website;
    5. To route customers to specific versions/applications of a service (e.g. during a technical migration);
    6. Multimedia content player session cookies (such as flash player cookies); and/or
    7. Load balancing session cookies.

    Refusing or disabling such Cookies may have a serious impact on (parts of) Your use of the Website and/or Applications. For these Cookies, there legally is no implicit or explicit consent required.

    • Performance Cookies

    Showpad uses these cookies to analyse how in general usage is made of services and Applications, and to monitor our Websites. This information helps us understand how people use our service, our Website as well as our Applications, and it gives us information about the kind of experience people have, all of which helps us learn how to make the Showpad experience even better, to find out about user engagement, and to provide more relevant information to users. Such Cookies may include, but are not limited to:

    1. Web analytics (e.g. measuring the time of requests to our servers and our responses, to record statistics about Website usage, to track activities on the Website, which pages visitors go to most often, managing the performance and design of the Website, …)
    2. Ad response rates (click-through rates) to improve the effectiveness of advertising purchased on a site external to the destination website.
    3. Error management (e.g. Measuring errors, service improvement, complaint management, …)
    4. Testing designs (e.g. Testing variations of design, typically using A/B or multivariate testing, to ensure a consistent look and feel is maintained for the user of the site in the current and subsequent sessions.

    For these Cookies, there legally is no implicit or explicit consent required.

    • Remarketing Cookies

    Remarketing cookies are used to collect non-personally identifiable information about Your visits to certain pages of showpad.com for the purpose of serving Showpad ads to You when You are on certain third-party sites. No personal information, account information or any other identifiable information is shared with a third party as part of this process.

    For these Cookies, Consent can be implicitly obtained through Your (browser) settings.

    • Functionality Cookies

    Showpad uses these Cookies to adjust the Website and/or Application to Your preferences as well as in order to analyse Your behaviour in relation to the content being made available to You through the Website and/or Applications. Such Cookies may include, but are not limited to:

    1. Your website Preferences (user name, language, region you are in, …);
    2. Acceptance logging;
    3. Logging in / “Remember me” options;
    4. Content tracking / Content suggesting;
    5. Providing services You have requested (e.g. watching a video, commenting on a blog, …).

    For these Cookies, Consent can be implicitly obtained through Your (browser) settings.

    • Marketing Cookies

    Showpad uses these Cookies to offer more relevant content to users, based on their specific interests. They are also used to limit the display frequency of an ad and to measure, control the effectiveness of advertising campaigns, and lead generation. They register whether users have visited a website or not, and which contents were used. This information may possibly also be shared with third parties, such as advertisers, for example.

    For these Cookies, Consent can be implicitly obtained through Your (browser) settings.

    10.3 Third party cookies

    The Showpad Website and/or Applications may contain Cookies from the following providers:

    COOKIE WHAT? ENVIRONMENT?
    New Relic New Relic is the web application performance tool for monitoring performance from the end user experience, through servers, and down to the line of application code (see https://newrelic.com/) Showpad.com / Showpad.biz
    Segment.io Analytics tool capturing data from different touch points (see https://segment.com/product) Showpad.biz
    Mixpanel Product analytics for software as a service (see https://mixpanel.com) Showpad.biz
    PubNub RealTime communication (see https://www.pubnub.com) Showpad.biz
    Wistia Video analytics tracker (see https://wistia.com) Showpad.biz
    Sentry.io Error tracking software (see https://sentry.io ) Showpad.biz
    Cloudfront Amazon Cloudfront reporting & analytics (see https://aws.amazon.com/cloudfront/) Showpad.biz
    Segment Analytics on clickstream from different inputs (see https://segment.com) Showpad.biz
    Filepicker File upload capabilities and File Upload reliability (see https://www.filestack.com/ ) Showpad.biz
    Gravatar Avatar creation (see https://en.gravatar.com ) Showpad.com
    Visual websiteoptimizer A/B Testing and Conversion Optimization Platform (see https://vwo.com/ ) Showpad.com
    Hubspot HubSpot is an inbound marketing software tool for inbound lead generation (see https://www.hubspot.com) Showpad.com
    Bizographics Linkedin tool (see https://better.fyi/trackers/bizographics.com/) Showpad.com
    HotJar Website and mobile app analytics tool and heatmap creator (see https://www.hotjar.com) Showpad.com
    Bing ads Search engine marketing (see https://secure.bingads.microsoft.com/ ) Showpad.com
    Facebook pixel Conversion tracking & remarketing (see https://www.facebook.com/business/a/facebook-pixel) Showpad.com
    Google Google analytics / google tagmanager / gstatic / google apis / adwords conversion (see https://www.google.com/policies/technologies/types) Showpad.com / Showpad.biz

     

    10.4 Disabling or refusing Cookies

    Most web browsers (e.g. Internet Explorer, Mozilla Firefox, Safari, and Google Chrome) have cookies automatically enabled. You can decide on whether and to what extent cookies will access Your end device by changing the settings of the browser You use. See Managing Cookies where You can find out how You can check and change your cookie settings.

    If You do not agree with the use of cookies as mentioned below, please change Your browser settings and limit or disable cookies.

    More information on cookies and the and the way to refuse cookies can be found at https://www.aboutcookies.org/ or www.youronlinechoices.eu . For more information per browser type see, Internet ExplorerMozilla FirefoxChromeSafari.

  • 11. Where to log a complaint?

    In case You have a complaint about the way Showpad is processing Personal Data, please talk to us and we will listen to Your complaint and see if we can resolve this together.

    However, in case of violation of one’s rights or in case of violations committed by Showpad of applicable legislation under GDPR, You always have the right to log a complaint with the competent “data protection authority”. Information on the competent data protection authority and the way of logging a complaint can be found with the working Party 29 (http://ec.europa.eu/newsroom/article29/news-overview.cfm) or the URL as updated).

    The Competent Data Protection Authority for Showpad NV is the Belgian DPA (Drukpersstraat 35, 1000 Brussel / +32 (0)2 274 48 00 / commission@privacycommission.be / www.privacycommission.be)

  • 12. Who can I contact if I require more information?

    Showpad has appointed a data protection officer for the whole Showpad Group who can be contacted at Office of the Data Protection Officer – Showpad NV – Moutstraat 62 – 9000 Gent (Belgium) or privacy@showpad.com.

  • 13. What about changes to this Privacy Policy?

    We may change this Privacy Policy at any time, and all such changes are effective immediately upon posting a revised version of this Privacy Policy on the Website. You should review this Privacy Policy often to stay informed of changes that may affect You. Your Interactions constitute Your continuing agreement to be bound by this Privacy Policy, as they are amended from time to time.

  • 14. Applicable Law & Court

    This Privacy Policy is offered under the laws of Belgium. The Courts of Ghent, Belgium shall have sole jurisdiction.

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