Privacy Policy

Last Revision February 12, 2019

Introduction

Here at Focalize, Inc. (“Focalize”) our mission is to create a world where getting products made should be effortless. By making the most complicated supply-chain tasks simple and personal, Focalize is re-imagining product development, production, payments, logistics and quality control for modern companies.

To do that we want to be transparent about the data we collect about you, how your data is used, and with whom it is shared.

Our registered users, “Designers” and “Manufacturers” and “Suppliers” (the “Registered Users”), share their professional identities, communicate, and share product specifications and business information. There are some pages accessible to non-registered users (the “Non-Registered Users”, together with the Registered Users as “Visitors”, “You”, “Your”).

Focalize, Inc. (“Focalize”) and any and all parent, subsidiary or associate companies of Focalize (collectively, “Focalize”, “we”, “us”, or “our”) recognize the importance of privacy.

Focalize will manage your personal information collected through the websites located at www.focalizedesigner.com and at any other *.focalizedesigner.com website (the “Websites”), the Focalize Designer app and web application and the affiliated websites owned by Focalize (collectively, the “Services”) based on Focalize’s belief of respect for the individual and in accordance with this Privacy Policy including our Cookies Policy.

For all users of Focalize services, Focalize, Inc. is your data controller – which will control the collection of your personal data as well as the processing as it relates to our services. This privacy policy (the “Privacy Policy”) explains how your personal information is collected, used, disclosed or otherwise processed by Focalize as the controller responsible for processing your personal information. In this regard, personal information encompasses all personal data as defined in Art. 4(1) of the European Data Protection Regulation (“GDPR”).  This privacy policy applies to our Website as well as our Service.

By using the Website and/or our Service in any way, you agree to the Privacy Policy. If you do not agree with this Privacy Policy, please do not provide personal information and please do not use the Website or our Service.

Contents

  1. What information we collect about you
    1. Information you provide to us
    2. Information we collect automatically when you use the Services
    3. Information we receive from other sources
  2. How we use information we collect
  3. How we share information we collect
    1. Sharing with other Service users
    2. Sharing with third parties
  4. How we store and secure information we collect
    1. Information storage and security
    2. How long we keep information
  5. How to access and control your information
  6. How we transfer information we collect internationally
  7. Other important privacy information
  8. Our policy towards children
  9. Limitation of Liability
  10. Changes to our Privacy Policy
  11. Contact Us

1 What information we collect about you

We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.

1.1 Information you provide to us

We collect information about you when you input it into the Services or otherwise provide it directly to us.

1.1.1 Account and Profile Information

We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your name, phone number, location, email address and other contact information and, in some cases, gender, date of birth, verification document, nationality, and billing information when you register for the Services. You also have the option of adding a profile photo, bio, and other details to your profile information to be displayed in our Services. We keep track of your preferences when you select settings within the Services.

1.1.2 Content you provide through using our Services

When you use our Services from the Website, desktop and or any mobile products you use, we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Content also includes the files and links you upload to the Services. Examples of content we collect and store include: files you include into the app’s Workbook sections, the name of a folder, Workbook, Inspiration, Moodboard or Design, manufacturers or team members, descriptions of items in the app’s Workbook, image uploads, annotations, comments and more.

1.1.3 Content you provide through the Website

The Services also include our websites owned or operated by us. We collect other content that you submit to these websites. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.

1.1.4 Information you provide through our support channels

The Services also include customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.

1.1.5 Payment Information

We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services. We may use third-party payment services to process payments made through the Service. If you wish to make a payment through the Service, your personal information may be collected by such a third-party payment service provider and not by us and thus will be subject to the third-party’s privacy policy rather than this Privacy Policy.

1.2 Information we collect automatically when you use the Services

We collect information about you when you use our Services, including browsing the Website and including, but not limited to, posting, tagging, annotating, and sharing, images, moodboards, and designs.

1.2.1 Your use of the Services

We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; including but not limited to the app’s Inspirations, Designs, Workbooks, Moodboards sections, teams and other links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services. We also collect information about the team members, manufacturers and people you work with and how you interact with them, like who you collaborate with and communicate with most frequently.

1.2.2 Device and Connection Information

We collect information about your computer, phone, tablet, or other devices you use to access the Services (the “Device Information”). Such Device Information also includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience

1.2.3 Cookies and Other Tracking Technologies, Online Behavioral Advertising

Cookies, Web Beacons, and Other Tracking Tools: We and our third-party service providers collect information about you, your device, and your use of the Service through cookies, clear gifs (a.k.a. web beacons/web bugs) (“Web Beacons”), and other tracking tools and technological methods (collectively, “Tracking Tools”). Tracking Tools collect information such as computer or device operating system type, IP address, browser type, browser language, mobile device ID, device hardware type, the website or application visited or used before or after accessing our Service, the parts of the Service accessed, the length of time spent on a page or using a feature, and access times for a webpage or feature. These Tracking Tools help us learn more about our users and analyze how users use the Service, such as how often users visit our Service, what features they use, what pages they visit, what emails they open, and what other sites or applications they used prior to and after visiting the Service.

Cookies:  Like many websites and mobile application operators, we collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Service. Cookies can either be “session cookies” or “persistent cookies”. Session cookies are temporary cookies that are stored on your device while you are visiting our Website or using our Service, whereas “persistent cookies” are stored on your device for a period of time after you leave our Website or Service. We use persistent cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Service, and how your use of the Service varies over time. We also use persistent cookies to measure the effectiveness of advertising efforts. Through these cookies, we may collect information about your online activity after you leave our Service. For more information on cookies, including how to control your cookie settings and preferences, visit http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm, https://ico.org.uk/for-the-public/online/cookies/ and http://www.allaboutcookies.org/.

Web Beacons: Web Beacons help us better manage content on our Service by informing us what content is effective. Web Beacons are embedded in, or otherwise associated with, certain emails or other communications that you receive from us or our partners. Web Beacons help us track your responses and interests and deliver relevant content and services to you. For example, they may let us know when you take actions based on the emails that we send. Web Beacons also allow us to enhance our Behavioral Advertising (defined below), which is further discussed below in the section titled “1.2.4 Online Behavioral Advertising” below.

Unique Identifiers: We use unique identifiers such as cookies, e-mail or your pseudonymized customer ID to track individual usage behavior on our Service, such as the length of time spent on a particular page and the pages viewed during a particular log-in period. Unique identifiers collect information about a user’s use of our Service on an individual basis.

Mobile Device Identifiers: Mobile device identifiers are identifiers stored on your mobile device that track certain data and activities occurring on or through your device. Mobile device identifiers enable collection of Personal Data (such as media access controls) as well as non-personally identifiable information (such as usage and traffic data).

1.2.4 Online Behavioral Advertising: Some of our advertising (“Behavioral Advertising”) involves using Tracking Tools to collect information about a user’s online activities over time and across non-affiliated websites and applications and providing ads to the user based the user’s interests (as inferred from the user’s online activity) or use of our Service. Behavioral Advertising may appear on our Service or on other websites or services. We work with third parties to provide Behavioral Advertising, such as advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, “Advertising Service Providers”). Advertising Service Providers perform services such as facilitating targeting of advertisements and measuring and analyzing advertising effectiveness on the Service (collectively, all such services, “Targeting Services”). Targeting Services help us display Behavioral Advertising, prevent you from seeing repeated ads, and enable us to research the usefulness of ads.

We adhere to self-regulatory principles for online behavioral advertising issued by the Digital Advertising Alliance (“DAA”) and the European Interactive Digital Advertising Alliance (“EDAA”) (collectively, the “OBA Principles”). More information about the OBA Principles can be found at http://digitaladvertisingalliance.org/principles and http://www.edaa.eu/european-principles/.

You have the option to opt out of Behavioral Advertising. For more information, see the section below titled “Opting Out of Behavioral Advertising and Tracking Tools.”

Opting Out of Behavioral Advertising and Tracking Tools: You can opt-out of certain Behavioral Advertising activities by doing one or more of the following. Please note that you will need to opt-out of each browser and device for which you desire to apply these opt-out features.

Service Provider Opt Out: You can opt-out directly from some Advertising Service Providers and providers of Tracking Tools by using their opt-out tools. Some of these service providers, and links to their opt-out tools, are:

Google Analytics: with a privacy policy at http://www.google.com/policies/privacy/partners/ and opt out at https://tools.google.com/dlpage/gaoptout.

Industry Opt Out Tools: Some Advertising Service Providers or providers of Tracking Tools may participate in the Network Advertising Initiative’s (NAI) Opt-Out Tool (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (DAA) Consumer Choice Page (http://www.aboutads.info/choices/), and you can opt-out of certain services and learn more about your choices by visiting the links included there. Users in the EU can visit http://www.youronlinechoices.eu/ for more information about your choices and to opt out of participating service providers.

Web Browser Controls: You can prevent the use of certain Tracking Tools, such as cookies, on a device-by-device basis using the controls in your web browser. These controls can be found in the Tools > Internet Options (or similar) menu for your browser, or as otherwise directed by your browser’s support feature. Through your web browser, you may be able to:

  • Delete existing Tracking Tools
  • Disable future Tracking Tools
  • Set your browser to provide you with a warning each time a cookie or certain other Tracking Tools are being set.

Mobile Opt Out: Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for Behavioral Advertising. You may also opt-out of certain Tracking Tools on mobile devices by installing the DAA’s AppChoice app on your mobile device (for iTunes, visit https://itunes.apple.com/us/app/appchoices/id894822870?mt=8, for Android, visit https://play.google.com/store/apps/details?id=com.DAA.appchoices&hl=en). For more information, please visit http://support.apple.com/kb/HT4228, https://support.google.com/ads/answer/2662922?hl=en or http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choic es-on-a-mobile-device, as applicable.

Do Not Track: Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. The Service does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Service and after you leave our Service.

Please note the following with respect to opting out of Behavioral Advertising:

Some opt-out features are cookie-based, meaning that when you use these opt-out features, an “opt-out” cookie will be placed on your computer or other device indicating that you do not want to receive Behavioral Advertising from certain companies. If you delete your cookies, use a different browser, or use a different device, you will need to renew your opt-out choice.

Opting-out of Behavioral Advertising does not mean that you will no longer receive online ads. It only means that such ads will no longer be tailored to your specific viewing habits or interests. You may continue to see ads on and about the Service.

1.3 Information we receive from other sources

We receive information about you from other Service users, from third party services, from the Focalize product family and related companies, and from our business and channel partners.

1.3.1 Other users of the Services

Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned by someone else in a chat channel or a team member or manufacturer may upload content about you to a Workbook. We also receive your email address from other Service users when they provide it in order to invite you to the Services. Similarly, an administrator may provide your contact information when they designate you as another administrator for a folder, team or a subscription plan.

1.3.2 Other services you link to your account

We receive information about you when you or your administrator enable third-party apps like google drive or integrate or link a third-party service with our Services. For example, if you create an account or log into the Services using your Google credentials, we receive your name and email address as permitted by your Google profile settings in order to authenticate you. You or your administrator may also integrate our Services with other services you use, such as to allow you to access, store, share and edit certain content from a third-party through our Services. For example, you may authorize our Services to access and display files from a third- party document-sharing service within the Services interface. Or you may authorize our Services to sync a contact list or address book so that you can easily connect with those contacts within the Services or invite them to collaborate with you on our Services. The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.

1.3.3 Information received from Our Partners

We work with a global network of partners who provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote, generate leads for us, and resell our products. We receive information from these partners, such as billing information, billing and technical contact information, company name, what products you have purchased or may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.

We also receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in, and engagement with, our Services and online advertisements.

2 How we use information we collected

How we use the information we collected depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.

2.1 To provide the Services and personalize your experience

We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services. For example, we use the name and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide search results, activity feeds, notifications, connections and recommendations that are most relevant for you and your team. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites.

2.2 For research and development

We are always looking for ways to make our Services smarter, faster, secure, integrated and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. For example, we used information collected about how users share Workbooks from within their private cloud to design a better, more user-friendly Share Workbook button. In some cases, we apply these learnings across Focalize services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.

2.3 To communicate with you about the Services

We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. Depending on your settings, we send you email notifications when you or others interact on the Services, for example, when you are @mentioned in a chat channel or when you are added to a Workbook or when you send a Workbook to a manufacturer and they view it. We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the Services may automatically trigger a feature as a suggestion within the Services that would make that task easier. We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself as an unsubscribe button or in your account settings.

2.4 To market, promote, and drive engagement with the Services

We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by displaying Focalize ads on other companies’ websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under “5.1.5 Opt-out of communications”.

2.5 Customer support

We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.

2.6 For safety and security

We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.

2.7 To protect our legitimate business interests and legal rights

Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.

2.8 With your consent

We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.

2.9 Legal bases for processing (for EEA users)

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws.

The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:

– We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;

– It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;

– You give us consent to do so for a specific purpose; or

– We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

2.10    Your Rights

To the extent we offer our Services to customers within the EU, you have the following rights in respect to your personal information that we hold:

  • Right of access. The right to obtain access to your personal information.
  • Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
  • Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
  • Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
  • Right to portability. The right to portability allows you to move or have the personal information moved, copy or transfer personal information easily from one organization to another.
  • RIGHT TO OBJECT. IN SOME CASES YOU HAVE THE RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. FURTHERMORE YOU CAN OBJECT TO MARKETING ACTIVITIES FOR WHATEVER REASON WHATSOEVER AT ANY TIME.

If you wish to exercise one of these rights, please contact us using the contact details below.

You also have the right to lodge a complaint with an EU data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. However, we encourage you to first reach out to us by using the contact details to be found at the end of this Privacy Policy so that we have an opportunity to address your concerns directly and find a solution together before you do lodge a complaint.

3 How we share information we collect

We make collaboration tools, and we want them to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.

3.1 Sharing with other service users

When you use the services, we share certain information about you with other Service users.

3.1.1 For collaboration

You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. For example, when you chat in a channel, we display your profile picture and name next to your comments so that other users with access to the channel and printed documents understand who made the comment. Similarly, when you join an organization or a folder, your name, profile picture and contact information will be displayed in a list for other team members so they can find and interact with you. Please be aware that some Workbooks can be made publicly available, meaning any content posted in that Workbook, including information about you, can be publicly viewed and indexed and returned in search results of search engines. You can check the Workbook settings at any time to confirm whether a particular Workbook is public (shared to Focalize Community) or private.

3.1.2 Managed accounts and administrators

If you register or access the Services using an email address with a domain that is owned by your employer or organization, or associate that email address with your existing account and such organization wishes to establish a Focalize services account, certain information about you, including your name, profile picture, contact info, content, and account use may become accessible to that organization’s administrator and other Focalize service users, as permitted by your administrator, to provide you additional products and services. For example, your organization may request that we provide extra security controls around your account to protect information about your organization or your organization may request that we link your Focalize account with other ERP/PLM services to enhance collaboration and functionality among tools you use. If you are the administrator of an organization, team or account within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.

3.1.3 Community Forums

Our Website offers publicly accessible Workbooks, blogs, forums, bug trackers, and wikis like Focalize Community. You should be aware that any information you provide on these websites – including profile information associated with the account you use to post the information – may be read, collected, and used by any member of the public who accesses websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

3.2 Sharing with third parties

We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our services.

3.2.1 Service Providers

We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under instruction from us, including abiding by policies and procedures designed to protect your information.

3.2.2 Focalize Partners

We work with third parties who provide consulting, sales, support and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations.

3.2.3 Third-Party Integrations

You, your administrator or other service users may choose to add new functionality or change the behavior of the services by enabling third party integrations within the services such as facebook, google etc. Doing so may give third-party apps access to your account and information about you like your name and email address, and any content you choose to use in connection with those apps. If you are an administrator or contact listed on an account, we share your details with the third-party app provider upon installation. Third-party app policies and procedures are not controlled by us, and this privacy policy does not cover how third-party apps use your information. We encourage you to review the privacy policies of third parties before connecting to or using their applications or services to learn more about their privacy and information handling practices. If you object to information about you being shared with these third parties, please disable the app.

3.2.4 Links to Third-Party Sites

The services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites are governed by their privacy policies, not this one.

3.2.5 Third-Party Widgets

Some of our services contain widgets and social media features, such as the Twitter “tweet” button. These widgets and features collect your IP address, which page you are visiting on the services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our services. Your interactions with these features are governed by the privacy policy of the company providing it.

3.2.6 With your Consent

We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.

3.2.7 Compliance with enforcement requests and applicable laws; enforcement of our rights

In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Focalize, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

4 How we store and secure information we collect

4.1 Information storage and security
We use data hosting service providers in the United States and EU to host the information we collect, and we use technical measures to secure your data. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We will respond to requests about this within a reasonable timeframe.

4.2 How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

4.2.1 Account information
We retain your account information until you delete your account. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve our services. Where we retain information for service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

4.2.2 Managed accounts
If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see “Managed accounts and administrators” above.

4.2.3 Marketing information
If you have elected to receive marketing emails from us, we retain information about your marketing preferences unless you specifically ask us to delete such information. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

5 How to access and control your information

You have certain choices available when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations. We will respond to requests about this within a reasonable timeframe.

5.1 Your Choices

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the services and using settings available within the services or your account. Where the Services are administered for you by an administrator (see “Notice to End Users” below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by enabling an integration, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

5.1.1 Access and update your information

Our services and related documentation give you the ability to access and update certain information about you from within the service. For example, you can access your profile information from your account and search for content containing information about you using keyword searches in the service. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.

5.1.2 Deactivate access to an organization, folder or Workbook

You or an administrator can deactivate your access to an organization, folder or Workbook. If you can deactivate your own access, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact Focalize support.

Please be aware that deactivating access to an organization, folder or Workbook does not delete your information from that organization, folder or Workbook; your information remains visible to other service users based on your past participation within the services. For more information on how to delete your information, see below.

5.1.3 Delete your information

Our services and related documentation give you the ability to delete certain information about you from within the service. For example, you can remove content that contains information about you using the keyword search and editing tools associated with that content and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

5.1.4 Request that we stop using your information

In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. For example, if you believe a services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is a delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app either directly through the third-party app or contact your administrator to do so.

5.1.5 Opt out of communications

You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our services. You can opt out of some notification messages in your account settings. Please note, you will continue to receive generic ads.

5.1.6 Turn off Cookie Controls

Relevant browser-based cookie controls are described in our Cookies section.

5.1.7 Data portability

Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you created on the spaces under your sole control, like your own Workbooks.

6 How we transfer information we collect internationally

6.1 International transfers of information we collect

To facilitate our global operations, we collect information globally and primarily store that information in the United States and EU. We transfer, process and store your information outside of your country of residence, to wherever we, Focalize or our third-party service providers operate for the purpose of providing you the services. Whenever we transfer your information, we take steps to protect it.  If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will either enter into contracts which are based on the EU Standard Contractual Clauses with these parties or ensure an adequate level of protection by other means.

7 Other important privacy information

7.1 Notice to End Users

Our products are intended for both personal use and use by organizations. Where the services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the end-users and/or service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.

Even if the services are not currently administered to you by an organization, if you are a member of a team administered by an organization, or if you use an email address provided by an organization (such as your work email address) to access the services, then the administrator of that team or the owner of the domain associated with your organizational email address (e.g. your employer) may assert administrative control over your account and use of the services at a later date. You will be notified if this happens.

Organization, folder, or Workbook administrators are able to restrict your access to and privileges within the respective organization, folder, or Workbook the administrator controls. In some cases, administrators can also:

  • require you to reset your account password
  • restrict, suspend or terminate your access to the services or your account
  • control your ability to edit, restrict, modify or delete account information
  • change your account information, including profile information or the email address associated with your account
  • access information in and about your account
  • access or retain information stored as part of your account
  • enable or disable integrations or third-party apps.

If you do not want an administrator to be able to assert control over your account or use of the Services, you should deactivate your membership with the relevant organization, folder, or Workbook or remove any email addresses containing a domain owned or controlled by the administrator entirely from your account. Once an administrator asserts control over your account or use of the Services, you may no longer be able to withdraw membership or change the email address associated with your account without administrator approval.

7.2 Security

We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse, and alteration of your information under our control, such as data encryption in transit, data encryption at rest (for customers that elect to purchase our “private cloud” solution), pseudonymization, and enforcement of least privilege and need-to-know principles.

To the extent the Service requires you to provide any financial information such as your credit card account information when you purchase subscriptions to the Service, that information will be collected and processed by third-party PCI-compliant service providers. We do not store your credit processing information transmitted through the Service, provided that we do store (or our payment processor on our behalf will store) just the last four digits of your credit card number, if you provide this to us, to comply with credit card processing requirements of authorizations, charges and chargebacks.

8 Our policy towards children

The services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us from below information.

9 Changes to this Privacy Policy

We may change this Privacy Policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the services homepages, login screens, or by sending you an email notification. We will also keep prior versions of this Privacy Policy in an archive for your review. We encourage you to review our Privacy Policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Policy, you shall stop using the Services and deactivate your account(s), as outlined above.

10 Contact Us

If you have any questions about this Privacy Policy or the way we process your personal information or if you want to exercise your rights, please contact us at help@focalizedesigner.com.

This Privacy Policy was last modified on February 12, 2019.