4. LEGAL BASIS OF PROCESSING PERSONAL DATA
If you are visiting our Website from the European Economic Area, we typically collect and/or process your Personal Data when we have a legitimate business interest or your specific consent.
5. KEEPING YOUR PERSONAL DATA SECURE
To protect your Personal Data we use appropriate technical measures corresponding to the type of Personal Data and the risks associated with processing such Personal Data. In the event of a data breach we will contact those affected and to the extent required the required regulator as required by applicable law.
6. PERSONAL DATA SHARED WITH THIRD PARTIES
Unless you have opted out from receiving commercial communications from Freshpaint, we also may share contact information (that we collect through various marketing efforts) with trusted business partners, such as system integrators, distributors and referral partners. We may share personal information for legal, protection, and safety purposes; to comply with laws; to respond to lawful requests and legal processes; to protect our rights and property including but not limited to enforcing our agreements, policies, and terms of service. We may also share information in an emergency.
We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any information that is not in personally identifiable form (such as statistics and survey results that do not identify you individually by name). We may also share aggregated and/or anonymized data with others for their own uses. We may also share any information that you voluntarily choose to include in a publicly accessible area of the Sites will be available to anyone who has access to that content, including other users.
7. RETENTION OF PERSONAL DATA
We may retain your Personal Data in connection with our ongoing legitimate business interest. When an ongoing legitimate business interest with respect to your Personal Data no longer exists we will delete such Personal Data.
8. YOUR RIGHTS WITH RESPECT TO PERSONAL DATA
Object to processing and opt-out.In connection with promotions or other projects, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, we will respect your decision. To opt out of receiving commercial communications from Freshpaint please click on the “opt-out” link in the communication or, please contact us at privacy@Freshpaint.io. Please note that our affiliates and other data recipients have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to opt-out requests. In connection with promotions or other projects, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
Correct or Update.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.If personal information you have submitted through the site is no longer accurate, current, or complete, and you wish to update it, please send an e-mail to privacy@Freshpaint.io
. Upon appropriate request we will usually update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.
You may request that we delete your personal information as well as request that we make your personal information available for porting.
Withdraw consent.You may withdraw your consent at any time, but such withdrawal shall only apply with respect to any processing after such withdrawal and you may request that Freshpaint make your Personal Data portable and make such Personal Data available to you. Right to complain.You may complain to a data protection authority regarding the use or collection of your personal information. Please contact you local data protection authority for more information regarding how to file such a complaint.
9. CROSS-BORDER DATA TRANSFER
If we transfer your personal information out of the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Such safeguards may include applying the European Commission Model contracts for the transfer of personal data to third countries described here, or for transfers to third parties in the United States, ensuring they participate in the EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework. Please contact us for further information about any such transfers or the specific safeguards applied.
Freshpaint itself has self-certified to the EU-U.S. and Swiss-U.S. Privacy Shield. For more information, see our Privacy Shield Notice.
10. PRIVACY SHIELD NOTICE
Prefalytics, Inc. doing business as Freshpaint (“Freshpaint” or “we”, “us” or “our”) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred to it in the United States from the European Economic Area (“EEA”) or Switzerland, respectively. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov
Our certification of adherence to the Privacy Shield Principles applies to the personal data that (a) we collect from our customers and other visitors to our website for account management, billing or marketing purposes (“Freshpaint User Data”) and (b) that we process on behalf of our customers in providing online services to them under a service agreement (“Services Data”).Data processed.
Purposes of data processing.
Inquiries and complaints.
If you believe Freshpaint maintains your personal data within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our Privacy Shield compliance to email@example.com. If you are located in the EEA or Switzerland and have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider at https://go.adr.org/privacyshield.html
. If you are located in the EEA or Switzerland and neither Freshpaint nor our dispute resolution provider resolves your complaint, you may be entitled to invoke binding arbitration under certain conditions more fully described on the Privacy Shield website
Third parties who may receive personal data.
We may employ third party companies and individuals to administer and provide the Service on our behalf (such as customer support, hosting, website analytics, email delivery, database management services). Freshpaint maintains contracts with these service providers restricting their access, use, and disclosure of personal data in compliance with our Privacy Shield obligations, including the onward transfer provisions, and we may be liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.
We may disclose Services Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency, or in the good faith belief that such action is necessary (a) to comply with a legal obligation, (b) to protect or defend our rights, interests or property or that of third parties, (c) to prevent or investigate possible wrongdoing in connection with the services, (d) to act in urgent circumstances to protect the personal safety of customers, their users or the public; or (e) to protect against legal liability.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Services Data may be part of the transferred assets.
In addition, we may be required to disclose any personal data that we process in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Your rights to access, to limit use, and to limit disclosure. Individuals in the EEA and Switzerland have rights to access personal data about them, and to limit use and disclosure of their personal data. With our Privacy Shield self-certification, we have committed to respect those rights. We process Services Data only on behalf of our customers in accordance with their instructions. This means that if you wish to access Services Data and request that we correct, amend, or delete it if it is inaccurate or processed in violation of Privacy Shield, you should contact that customer with your request. We will then help them to fulfill that request in accordance with their instructions.
If your personal data includes Freshpaint Personal Data, you can request access to that data and request that we correct, amend, or delete it if it is inaccurate or processed in violation of Privacy Shield by emailing your request to firstname.lastname@example.org. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
U.S. Federal Trade Commission Enforcement. Freshpaint’s commitments under the Privacy Shield are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence.
11. HOW TO CONTACT FRESHPAINT REGARDING PERSONAL DATA
Email address: privacy@Freshpaint.io
Mailing Address: 602 Mason Street, Suite 403 San Francisco, CA 94102