CalemEAM Inc. Data Privacy Policy

 

Effective Date: December 28, 2019

 

CalemEAM's mission is to provide a top customer-satisfactory CMMS/EAM solution. The mission is realized through our commitments to innovative and quality products, and personalized customer care.

 

CalemEAM has prepared this Data Privacy Policy to provide our customers, their employees, and any affected data subjects important information about the personal data we collect, receive, transfer, and process in the course of providing our services as a cloud and on-premise Application Service Provider.

 

In this Data Privacy Policy, we also describe the processes by which you may contact us in order to exercise your rights, in accordance with applicable law, to: (1) access, correct, restrict, or delete your personal data; (2) object to the processing of certain aspects of your personal data; and (3) ask any questions you may have about our privacy practices.  Please take note as well of those practices described in this Data Privacy Policy specifically stated to be necessary and/or integral, to the performance of our Application Services.  Where specifically noted below, exercising your rights as described herein may affect our ability to continue performing Application Services as requested.

 

This Data Privacy Policy may be updated and/or otherwise revised periodically to reflect changes in our data processing practices and/or policies.  We will post notices of all such changes on our applicable websites and/or materials and the “Effective Date” noted above will indicate when this Data Privacy Policy was most recently revised.  Except as may be otherwise required under applicable law, revisions to this Data Privacy Policy will be effective on the Effective Date noted without any other notice or approval by you.  In certain jurisdiction, applicable law may require additional processes and procedures, in which case, revisions to this Data Privacy Policy will not be effective until we have met our obligations accordingly. 

 

1. Data Controller; Data Processor

 

For purposes of the European Union General Data Protection Regulation (the “GDPR”), CalemEAM Inc. is the data controller (the “Data Controller”) for the processing of all Personal Data, except for “Website Information”, as set forth herein.  With respect to personal data included in Website Information, our customer, the website operator, is the “data controller” and we process Website Information solely as the data processor on behalf of such website operator.

 

You may contact us as follows:

 

Privacy Compliance

CalemEAM Inc.

10236 Dianella Lane

Austin, Texas 78759

United States of America

 

Phone: 1-512 961-1668

Email: privacycompliance@calemeam.com

Website: www.calemeam.com

 

2. Personal Data & Special Categories of Data

 

For the purpose of providing Application Services, we collect the types of personal information described below about you (as further detailed below, “Personal Data”). 

 

1)    Personal Information – We collect personal contact information about Account Owner and, where relevant, alternate contacts for Technical and Billing contacts (as described below), including without limitation name, organizational affiliation (for Professional Accounts), mailing address, phone numbers, and email addresses.

2)    Payment and Billing Information – We process payment information through a third-party service provider called a secure payment processor.  Anytime you are asked to provide payment card information for payment to CalemEAM, you are actually entering your payment card information directly to our payment processor’s systems.  We do not collect, store or otherwise process your payment card information on our systems except for the limited, redacted information described below.  As of the Effective Date first noted above, our secure payment processor is Modular Merchant.  You should review information about Modular Merchant’s data handling policies and terms of service, available from their website (https://www.modularmerchant.com/tos.php).

 

3)    Account Information – We collect certain account information about our Account Owners and other users with whom we may interact, including without limitation: user name, password, domain, Application Services subscriptions under a given account, the email address, and history of correspondence between you and CalemEAM.

4)    Website Information – We are in the business of providing application services for our customers’ websites (“Customer Websites”).  Our customers are the website operators and data controllers with respect to the respective Customer Websites they choose to host with us, and with respect to such Customer Websites and the data our customers and their website users transmit, collect, store, and otherwise process through such Customer Websites, including without limitation any personal data (“Website Information”), CalemEAM uses cloud services providers to host our application services. Cloud service providers act as data processors for our website operator/customers, processing such Website Information solely as necessary to provide application services for Customer Websites.  Cloud service providres do not access or process Website Information for their own purposes or on behalf of CalemEAM, other than to provide such application services, and cloud service providers and CalemEAM do not control, nor are we responsible or liable for, any act or omission by our customers for Website Information processed through Customer Websites.  Users should refer specifically to data privacy statements and terms of use for Customer Websites for information about how the respective website operators of such Customer Websites process Website Information, including personal data, and comply with applicable law.

a.     Linode is a cloud service provider for CalemEAM. You should review information about Linode’s data handling policies and terms of service, available from their website (https://www.linode.com/privacy/).

b.     Alibaba Cloud is a cloud service provider for CalemEAM for customers located in China. You should review information about Alibaba Cloud’s  data handling policies and terms of service, available from their website (https://www.alibabacloud.com/trust-center).

5)    Special Categories of Data – We do not collect or otherwise process any special categories of data as defined under the GDPR in a personally identifiable way.  If any special categories of data are collected or processed by our customers through Customer Websites, we do not control, nor are we responsible or liable for, any act or omission by our customers for any special category of data processed through Customer Websites.  Users of Customer Websites should refer specifically to data privacy statements and terms of use for Customer Websites for information about how the respective website operators of such Customer Websites process any special categories of data, and comply with applicable law.

 

3. How We Obtain Personal Data – We collect Personal Data from data subjects or from Account Owners through CalemEAM websites, and other information you provide directly to us, including by email or in conversation with our staff.  

 

4. Personal Data Processing and Data Retention – We use Personal Data that we collect hereunder as necessary to provide Application Services.  Subject always to your rights as set forth in Section 9 below:

1)    CalemEAM Accounts – In order for you to use CalemEAM Application Services, we require you to provide Owner Account through CalemEAM websites, or emails.  During the signup process, you will be required to provide personal contact information as follows: User name and password (for online store registration), Name, Organization, Physical Address, Phone Number and Email Address (“Account Information”).  Your login information is necessary to protect your vital interests as it enables you to secure your own Owner Account and establish your identity with CalemEAM for purposes of transactions in the course of using our Application Services.  Your Account Information is necessary for the performance of Application Services as we use Account Information to contact you regarding your Owner Account, contact you regarding Application Services, issue notices and alerts about the status of the Application Services, billing, invoices, collections, etc.

2)    Accounting and Billing – As noted above, your payment card information is actually collected, stored and processed primarily by our secure payment processor, subject to the terms and conditions of service, privacy policy and data security policies. Generally, we may use Personal Data for our own administrative, accounting, and business needs including billing, invoicing, internal accounting and record-keeping requirements as well as other related administrative and business purposes.  Certain processing is undertaken as necessary to complete a contract for services (collecting payments, making payments for authorized transactions, payment for services rendered, etc.). In other instances, our processing of Personal Data as described in this paragraph is required for us to fulfill legal obligations to which we are subject (e.g., record keeping mandated by applicable law).

3)    Service Notices – We send service-related notices, alerts and other messages to the email address(es) indicated in your Owner Account regarding account registration, account set up, billing and other service related communications.  We use your Personal Data to send you such service-related messages as a necessary, and integral, part of our Applicatiton Services.

4)    Support and Customer Service – When you contact us for technical support or customer service, we will process Personal Data that you provide at such time to associate you with the Application Services that is the subject of your request and the Owner Account that is associated with such Application Service.   Such Personal Data includes email address, and name.  You may contact us and provide Personal Data for such technical support and/or customer service by email, phone call, self-serve online support portals through websites operated by, or on behalf of, CalemEAM.  We use such Personal Data as necessary to respond to your request and/or provide the requested technical support and/or customer service, including without limitation communicating with you, internal communications, maintaining a history of correspondence, service tickets, outcomes, outstanding issues, etc.  Our processing of Personal Data as described in this Section is also in furtherance of legitimate interests, including without limitation management reporting, quality assurance, reviewing historical support issues and requests for support or customer service, and to verify identity.  We will process Personal Data in furtherance of this legitimate interest only when that is not overridden by your data protection rights under applicable law.

5)    Helpdesk   We use a ticketing system hosted at Linode (linode.com) to manage customer requests and customer service communications and send customer support and customer service messages to the email address(es) indicated in your Owner Account.

6)    System Security and Data Privacy Protection – We monitor information on user activity within our system in order to protect the security of our systems and the privacy of our customers, for example, blocking unauthorized access of certain web site directories.  Such information includes information reported by your browser, Account Information when you login, and IP addresses to better assist with service delivery and/or security.  We process this data because it is necessary to protect the vital interests of our customers, audience, users and other visitors to our websites.  Additionally, we process this information to protect our legitimate interests of process improvement, system security and protecting our customers, audience, users and other visitors to our website in a manner that, given the limited nature of the data processed as described above, is not overridden by the interests or fundamental rights and freedoms of the data subjects.

7)    Compliance with Legal Obligations – In addition to processing Personal Data for the purposes of providing Application Services, we process Personal Data collected hereunder and Website Information to comply with our own legal and regulatory obligations. For example, we may process personal information to comply with: applicable international sanctions, record keeping requirements, and other legal and/or regulatory requirements.  

8)    Legitimate Interests – We may also use Personal Data collected hereunder in circumstances other than as expressly described above in connection with the services we provide; provided, however that any such additional processing may only occur when there is a legitimate interest to do so that is not overridden by your data protection rights as required by applicable law.  The types of processing/uses contemplated hereunder may include, without limitation, for our own administrative and business needs (tracking time, billing, invoicing, collection), and applicable workplace policies, and for information technology purposes including without limitation trouble shooting, business continuity, disaster recover, data backup and recovery.

9)    Data Retention – We retain Personal Data for a period of seven (7) years after account closure due to an automated suspension process for nonpayment but credit card information is not retained by our third-party processor after account closure. We may also retain Personal Data for longer periods where there is a reasonable basis for retaining such data, including without limitation in connection with the establishment, exercise or defense of legal claims. We retain Application Services information for a period of six (6) months after account closure.

 

5. Optional Data Processing.  In addition to processing Personal Data in the ways set forth above for purposes related to the provision of Application Services, you may also choose to allow us to use certain Personal Data as detailed below.  The types of data processing described in this Section 6 are not necessary or integral to the performance of Application Services and we will not use Personal Data for such optional purposes except as expressly set forth in this Section 5;

1)    Information Requested – If you request information about our company, our respective products and services, or sign up for a free trial of CalemEAM, you may elect to provide personal contact information such as your name, your email address, your phone number, your company affiliation, and/or your mailing address.  We may use your information to respond to your request.

6. Onward Transfers – Data We Share With Others.  We will not sell, share, transfer, disclose, rent, use, or distribute Personal Data hereunder for purposes other than as set forth in this Privacy Policy, unless required by law or as expressly authorized by a data controller as described above. 

1)    Invoices – We provision your email addresses and company information in QuickBooks Online to send invoices for your subscription of CalemEAM Application Services.  You should review information about Intuit’s  data handling policies and terms of service, available from their website (https://security.intuit.com/index.php/privacy).

2)    Exigent Circumstances – In addition to the disclosures set forth above, we will disclose Personal Data about you: (1) if we are required to do so by law or legal process, (2) to law enforcement authorities, judiciary or other government officials, (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity; or (4) if necessary to protect the vital interests of any person.

 

7. Your Rights and Options – If we receive a demand from you with respect to your rights of access or rectification, we will refer your demand to the applicable Data Controllers and assist such Data Controllers, to provide you, where appropriate, with access to your Personal Data and, as applicable, with the ability to review and correct inaccuracies, delete Personal Data that is no longer necessary or relevant, receive a copy of your Personal Data in a structured machine-readable format, and otherwise fulfill your demands on the Data Controller(s) to the extent based on the exercise of rights held by you under the GDPR. 

If we receive a demand from you with respect to your rights of erasure, restriction of processing and/or right to object to processing, access or rectification, we will refer your demand to the applicable Data Controllers and assist such Data Controllers to respect your requests, where appropriate.  In the event that you inform us in writing that you wish to opt-out of future processing of your Personal Data we will work with the applicable Data Controllers to respect your request. Where we rely solely on your consent, you may withdraw it at any time; subject to the limitations and disclosures set forth above regard the effect such demands or withdrawals may have on our ability to continue providing the Application  Services in the manner for which we have been engaged.  

You may also object to processing that is described above as being based on our legitimate interests alone. In such instances, our business interests must be found to be compelling and to not jeopardize your individual rights before further processing may continue.

In order to meet our obligations under applicable law, we may take reasonable steps to verify your identity before responding to demands as set forth in this Section 7. 

8.  Complaints, Concerns, Recourse – If you have unresolved concerns about the processing of your Personal Data, you may have the right to complain to a data protection authority where you reside, where you work or where you believe there has been an infringement of data protection laws, all in accordance with, and subject to, applicable local law.

1)    In-House Mechanism to Address Complaints – In the event you believe CalemEAM has failed to protect your privacy please immediately submit your concerns to our Privacy Compliance team at: privacycompliance@calemeam.com Please provide details regarding your concerns and include full contact information so we can respond as quickly and completely as possible. If you are dissatisfied with the speed or scope of our response you can seek further in-house review by following the appeal procedures that will be provided to you. If, despite the appeal process, you are still dissatisfied, then you may proceed through the Independent Recourse Mechanism described below.

2)    Independent Recourse MechanismCalemEAM commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact CalemEAM at: dataabuse@calemeam.com.

 

9.  Tracking and Traffic Data.

In addition to Personal Data that we collect hereunder, we may, through our website, collect data generated automatically by traffic our website (“Traffic Data”).  Traffic Data may include, without limitation, internet protocol address(es), operating system(s) and browser specifics of your device, device characteristics, geographic (geo-location) information, user ID(s), clickstream data, and specifics regarding your interactions with (i.e., the path you take through) the website.  Traffic Data may also include your mobile device information (e.g., device model, operating system version, device date and time, unique device identifiers, mobile network information) and how you use the website.  These types of information do not generally identify or relate to you as an individual; however we may associate these types of information with you as an individual.

Our website may require you to accept session “cookies” to provide customer experience and efficiencies such as enabling you to login, personalizing your experience, and/or automatically filling in standard information on return visits. “Cookies” are small pieces of information that are stored locally on your device by your browser and passed back to the server whenever a request for a new page on the site is made. The session cookie is never saved or written to disk. It is discarded when the browser exits, when you log out of the website, or when you have not visited a page on the website for a given period of time, for example 60 minutes.  Most web browsers automatically accept session cookies, but most browsers also allow you to configure your web browser to refuse them or to notify you before a cookie is set.  You also can manually view (and delete) any cookies stored on your computer.  If you do not allow session cookies to be set, you may not be able to use our website, access the full content otherwise available through our website and/or use the full features and functionality of our website.  

 

Our website may use Google Analytics, a web analytics service provided by Google, Inc. (“Google).  Google Analytics uses “cookies” to help the website analyze how users use and view the website. Any information generated by the cookie about your use of our website (including your IP address, and particulars about your browser and configuration as reported by your browser) may be transmitted to and stored by Google on servers in the United States. Please note any information collected by Google Analytics cookies do not include personalized identification information (such as names, e-mail addresses, and payment information).  Google may use the information collected for the purpose of enabling us to evaluate your use of our website, certain aspects of your user experience thereon, compiling reports on activity for us and providing other services relating to our website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  More information on the Google Analytics cookies are available from Google at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. 

 

HOW TO CONTACT US

In order to exercise your rights hereunder, if you have any questions about this Data Privacy Policy and/or our processing of Personal Data, you may contact us in accordance with the information set forth in Section 1 above.