Privacy Policy

INTRODUCTION

This privacy policy informs you about how Zymplify looks after your personal data when you interact with us as one of our customers or suppliers (or as an employee or representative of same), visit our premises, visit or use our websites (regardless of where you visit them from) (our websites) including our marketing automation, mailing, data and customer relationship management software applications, collectively marketed under the Zymplify® mark (the Software), which you may access and use on a software as a service basis (being the Services) through our websites.

It also informs you how we will look after your personal data when, and about your privacy rights and how the law protects you. It does not cover any third party website you have used to access our websites or Software or any third party websites that you access from them.

It applies to all processing of personal data undertaken by Zymplify other than processing of personal data in the context of recruitment and employment, which is dealt with under separate internal policies.

It is important that you read this policy so that you are fully aware of how and why we are using your data.

Before using the Services, you or the company who has paid for access to the Services will need to have agreed to our standard customer terms. You will also be required to agree to this policy, and to the terms of our separate end-user licence agreement.

This policy also includes our cookies policy, at Schedule 1 below, and a series of disclosures which are specifically relevant to customers of our Services, at Schedule 2 below.

1. WHO WE ARE

Under the General Data Protection Regulation (GDPR) and other relevant data protection legislation, we act as a data controller (make decisions) in relation to any of your personal data that we collect.

If you have any questions about this policy, including any requests to exercise any of your legal rights, please contact us using the details set out below.

Contact Details

Our full details are:

Full Name of Legal Entity: Zymplify Limited, a company incorporated in Northern Ireland under registered company number NI068866
Email Address: DPO@zymplify.com
Postal Address: 36B The Promenade, Portstewart, County Londonderry, BT55 7AE
ICO Registration Number: ZA083949 (this is the number under which we are registered with the ICO as a fee paying data controller).

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk), or other competent supervisory authority of an EU member state if the Services are accessed outside the UK. We would appreciate the chance to deal with your concerns before you approach such bodies so would ask that you please contact us in the first instance.

Changes to this policy and your Duty to Inform us of Changes

We keep this policy under regular review. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next log on to use the Services. Otherwise, any changes shall be applicable without further notice.

This version of this policy was last updated on the 3rd November 2022 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links

Our websites and Software may include links to third-party websites, widgets, plug-ins and applications (including various social media platforms). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Anti-Spam Policy

Our terms of use with our customers require our customers to refrain from sending unsolicited commercial email in violation of applicable laws, and the inclusion in every email sent using the Services of an “opt-out” mechanism and other required information. We require all of our customers to agree to adhere to this policy at all times. If you are reviewing this policy because you believe you have received mailings in violation of this policy, please contact us.

2. THE DATA WE COLLECT ABOUT YOU

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as set out below.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

DATA THAT YOU SUPPLY TO US

• General Personal Data – This is personal information about you that you share with us by online forms on our website, through email, through the post, on the telephone, when you register to use the Services, or by any other means.

Typically, when you deal with us you may provide information about yourself, as well as other data about your business, including your full name, job title, billing address, business name, personal and/or business email address, telephone and/or mobile phone number and other contact details. You may provide similar information where you contact us or sign up to our newsletter.

When you sign up to use our Services you will be required to provide your name and email address, alongside other non-personal details.

It also includes information you provide when you report any technical or service issues in relation to our websites or Services, including relevant notes about any issues and how we responded to resolve these, as well as details of any payments you have made through our websites.

• Financial Details: Where you pay for the Services or provide us with your financial details in order to facilitate payments by us to you, we may collect financial details.

Financial details of our customers include credit card numbers, sort codes and account numbers and billing information, which we collect and process using third party PCI-compliant service providers. Such service providers are not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

Where you have provided us with your financial details in order to facilitate payments by us to you (and you are one of our suppliers) these will be kept securely.

• Verbal Information: If you provide verbal personal information that you give us consent to use you will have such consent confirmed back to you in writing.

You may also communicate your preferences in receiving marketing from us and our third parties and your communication preferences (including details you provide when you opt-in to receive marketing communications from us).

Where you are sharing personal data that does not directly relate to you (e.g. your representatives that legally act on your behalf), you must ensure you have the consent to do so and have shared this policy with that person/those people, including where you are acting to register other individuals on their behalf.

DATA THAT WE COLLECT

• Telephone Recordings – Telephone conversations may be recorded to improve training, to ensure a high level of consistent customer service, or otherwise as required in our legitimate interests or to process contracts we have with you or your business.

• Technical Data from our Websites – We use certain technical services to gather technical data online whenever you use our websites including information about your device and your visits to our websites such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. You are not personally identifiable from any of the technical data we collect using such services.

• Technical Data from our Services – We also use certain technical services to gather certain technical and all usage data whenever you use our Services, including device, content and usage data (with the latter being collected but used only on the limited basis indicated in this policy and in our general customer terms). We collect this data using cookies and other similar technologies. Please see our cookie policy below for further details. You will be personally identifiable from any of the data we collect using such services, as it will be tied to your specific user account but not through our website generally, where you access our site or services when logged in.

INFORMATION WE RECEIVE FROM THIRD-PARTIES

• Device Data: analytics providers such as Google based outside the EU;

• Identity and Contact Data: contact data that is made available to us from data brokers or aggregators such as Leadsift Inc. and Hunter Web Services, Inc., based outside the EU;

• Social Media: publicly available information through social media sites, such as Facebook, LinkedIn, Twitter and Google, including where you have responded to a promotional item or offer from us through social media facilities;

• Publicly Available Information: we may collect personal information about you from other publicly available sources. This can include your name, address and other publicly available information. As far as passible, we ensure that where any third-parties are involved in suppling such information, that they are compliant to do so. This may include credit reference agencies such as Experian, public registers such as the Companies House registry or the Electoral Register.

• Customer Data: Through our Services, our customers may collect, store and process personal data about you. We have requested that no Special Categories of Personal Data are collected through the Services, but otherwise we do not control our customers’ use or processing of personal data through the Services.

• Customer Crowdsourced Data: In future we are considering options for integrating the crowdsourcing of data into our Software platform. This functionality would permit our customers to add to or amend our central repository of crowdsourced data with relevant information pertaining to companies and individuals. Whilst this data will be available will be available to our other customers we take no responsibility for the means by which our customers collect or procure such data.

• B2B Customer Data: We acquire business contact information from our third party partners for the purposes of sending marketing communications to individuals who we believe may be interested in our products or services. We use Leadsift Inc buyer intent tools to identify companies showing an interest in our products and services, this information is derived from publicly available data sources. Leadsift and Hunter.io are used to acquire business email addresses and other relevant contact information on the relevant person from within these organisations. We never acquire personal email data and verify to the best of our ability the accuracy of this data before we send email marketing messages. Individuals receiving such communications will always have the option to opt out of such communication using the opt out link on all emails. We also acquire and supply this type of data to our customers for the purposes of carrying out their own marketing communications. Where a data subject objects to the processing of their data we take steps to remove their data from our systems.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (including details about your race or ethnicity, religious or philosophical beliefs, medical information, sex life, sexual orientation, political opinions, trade union membership, genetic and biometric data. Nor do we collect any information about criminal convictions and offences. Our customer terms of service include restrictions on any of our customers using our Services to collect Special Categories of Personal Data (including financial data for these purposes) but for the avoidance of doubt we do not proactively monitor this, and cannot be held responsible where our customers breach these restrictions.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products). In this case, we may not be able to fulfil any order you place with us, but we will notify you if this is the case at the time.

3. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you, to keep internal records for administration purposes related to such contracts, for the purposes contemplated in any separate terms of use for our websites that you have entered into, including for the purposes set out in the “Our Standard Business Operations” section below.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other as set out below in relation to marketing.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.

Our Standard Business Operations:

• To provide the services that we contract to provide to you, or to the relevant customer to whom we sell access to the Services and who has authorized you to access same on their behalf;
• To provide you with information that you request from us;
• To confirm your identity as a natural living person; and
• As part of our billing, payments and recovery processes.

We may also use contact information to notify you of any office closure, and how you may contact us should an emergency arise during the closure period.

Marketing

We may use your data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

We strive to provide you with choices regarding personal data uses for marketing and advertising and currently use to manage our email correspondence. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us, as appropriate, at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase or other transactions.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Legal Requirements

We will keep and use your data in terms of any legal or regulatory requirements that we have and can use your data to protect our legal position, if legal action is required, including the recovery of any outstanding debts.

By way of further example, we will share your personal data with the relevant agencies and without notice, where we are requested to or suspect fraudulent activities, money laundering, terrorist related activities.

Children Under Sixteen

Our websites are not intended to be used by children under 16 years old, and our Services by anyone under the age of 18 (20 in Japan). We will never knowingly collect data from children below 16 years old. If you become aware of such a child (or another person) supplying data to us, please contact us.

Please note that we may collect data on such children from their parents or guardians where this is relevant for the purposes of the products or services that are being requested by such parents or guardians (for example, names and dates of birth of dependent children for the purposes of protection or assurance products).

We will take care when processing such data and only do so where one of the legal grounds set out above applies.

Cookies

We use cookies and other tracking technologies to distinguish you from other users of the Software, our websites and Software distribution platforms, and to remember your preferences. This helps us to provide you with an optimized experience when you use our Services and browse our sites and also allows us to improve them. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy below.

Testimonials

We post customer testimonials and comments on our sites, which may contain personal data. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.

4. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the categories of data processors or data controllers set out below for the purposes set out in in paragraph 3 above or otherwise below:

• with your employer or the other person by whom you have been authorised to download and use the Software, who can access all information you input, store or process using the Software;
• with HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances;
• with third party purchasers, if we buy, sell or merge any business or assets of our business and are required to share data as part of the buying, selling or merger agreement. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy;
• with third party purchasers, if our assets are acquired by a third-party, and data is transferred as part of the purchased assets;
• with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the European Union or United Kingdom who provide consultancy, banking, legal, insurance and accounting services, where they have a need to know same for any of the purposes set out above;
• with reputable and trusted third-parties where we have asked them to contact you on our behalf, where you have given us consent, it is part of our contractual agreement, is a legal requirement or there is clear legitimate interest between us (these services may include sending you email, calling you by telephone, sending you information through the post etc.);
• with selected third parties for performance of our contracts with you including with providers who assist us in removing repetitive information from prospect lists, analysing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support
• with trusted third parties to provide you with co-marketing content that we think may be relevant to you, where you have opted in to receiving such content. When you engage with these co-marketing partners, we will tell you who we are sharing data with, and provide a link to the co-marketing partner’s privacy policy so you can learn more about how to opt-out of the partner’s communications. These co-marketing partners are required to adhere to our privacy and data protection policies;
• with specific selected third parties, determined by us, if you breach any agreement with us, including so as to enforce our rights against you, including credit-reference agencies, debt-collection firms or service providers, solicitors or barristers and law enforcement agencies (if applicable);
• with service providers acting as processors based in the European Union or United Kingdom who provide IT and system administration services, as set out below:

– with email marketing services i.e. Mailchimp to send marketing emails where you have opted in to receiving them. You can unsubscribe directly from any mailing list using the unsubscribe links provided within emails;
– with analytical service providers in order to analyse our website’ traffic to improve products and services; and
– with processors offering software tools, or EU or UK based external servers (including externally provided original and backup servers), that are used to store personal data provided by you on our behalf (our current servers are maintained by Amazon Web Services , whose privacy policies are available at https://aws.amazon.com/privacy/.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process the minimal personal data required for the specified purposes and in accordance with our instructions.

Third-party Marketing

We will get your express opt-in consent before we share your personal data with any company outside of our own for marketing purposes.

5. INTERNATIONAL TRANSFERS

The data you provide to us will be securely stored and backed up within the EEA and/or the UK. We do not transfer your personal data outside the EEA and/or the UK.

6. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password that enables you to access certain part of our websites or the Software, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We will collect and store personal data on any device from which you access our Software using application data caches and browser web storage (including HTML5) and other technology.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our website, and before it reaches us, such data is transmitted at your own risk.

7. DATA RETENTION

How long will you use my Personal Data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We will keep your data for the term you have consented to, the contracted term between us where there is a legitimate interest for us to remain in contact with you, or for the legally required period, whichever is the longest.

By law we have to keep basic information about any of our customers (including contact, identity, financial and transaction data) for six years after you cease being a customer for tax purposes. For the purposes of contract administration, we will also store all data as long as the contract you have placed through us endures and for the six year limitation period thereafter in case you raise any claims in relation to any products or services you or your employer or other person by whom you have been authorised to use our Services have purchased from us.

That said, we will endeavour to delete any “Customer Data”, as defined in our customer general terms, within 6 months of your customer account closing with us.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

8. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.

Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Where you exercise one of your rights, we may need to request specific information from you to help us confirm your identity and ensure your right to exercise such rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. LEGAL

Choice of Law and Jurisdiction

This policy shall be governed by and interpreted in accordance with the laws of Northern Ireland and you irrevocably agree that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this policy.

COOKIES POLICY

Our site use cookies to distinguish you from other users of our site. Information about your general internet usage may be obtained from these cookie files which are stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service.

Types of Cookies We Use:

We use the following kinds of cookies:

· Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

· Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

· Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

· Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Specific Cookies We Use:

More specifically, we also use:

1) Google Analytics: We use Google Analytics to collect information about traffic on our website, what type of device was used to view the website and the probable geographic location of the visitor. To learn more about Google Analytics click here.

This information allows us to understand individual behaviours and needs more accurately. For more information on how Google uses the data collected via this service, see here: http://www.google.com/policies/privacy/partners/

To opt out of being tracked via Google Analytics, you can also use Google’s opt-out browser add-on: https://tools.google.com/dlpage/gaoptout

2) Other First Party Cookies

Name of Cookie Purpose Strictly Necessary
Website Tracking Tracks your activity on our website for analytical purposes No

and the following third party Cookies may be placed on your computer or device:

Name of Cookie Provider Strictly Necessary
Twitter Twitter No
Facebook Facebook No
Google Ads Google No
Twitter Ads Twitter No
Facebook Ads Facebook No

Session and Persistent Cookies

We use both ‘Session Cookies’, which allow us to track your actions during a single browsing session, but do not remain on your device afterwards, and ‘Persistent Cookies’, which remain on your device between sessions, for the purposes outlined above.

Session and Persistent Cookies can be either first or third party cookies. A first-party cookie is set by the website being visited and a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.

Flash Cookies

The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.”

We not use Flash cookies. However, our customers of our software platform may create pages on the Zymplify platform that employ Adobe Flash cookies.

General

Any third party cookies will be governed by their own terms and privacy policies, so you should read these before giving your consent to enable these third party cookies. Please note that we have no control over third party cookies.

If at any time you wish to disable our cookies, you may do so through the settings on your browser but if you do so you will not be able to use certain important features of our service.

We may also collect and store personal data on your computer or other device using application data caches and browser web storage (including HTML 5) and other technology.

SCHEDULE 2 – SERVICES SPECIFIC PRIVACY DISCLOSURES

Our Service allow our customers to create and share marketing, sales and customer service content. The Service can also be used to help organize sales data about a company’s sales pipeline (e.g., leads, customers, deals, etc.).

The information added to the Services, either by site visitors providing their contact information or when a Services user adds the information, is stored and managed on our service providers’ servers. We will provide the Services to our customers for their own marketing, sales, CRM, and customer service needs.

Our customers use the Services to build webpages that people can visit to learn more about their business. We do not control the content of these webpages or the types of information that our customers may choose to collect or manage using the Services. That information belongs to them and is used, disclosed and protected by them according to their privacy policies. We process our customers’ information as they direct and in accordance with our agreements with our customers, and we store it on our service providers’ servers.
Our agreements with our customers prohibit us from using that information, except as necessary to provide and improve the Services, as permitted by this Policy, and as required by law.

We use the information collected through our Services by our customers for the following purposes: to provide the Services (which may include the detection, prevention and resolution of security and technical issues); to respond to customer support requests; and otherwise to fulfil the obligations under our customer general terms.

We have no direct relationship with individuals who provide personal data to our customers. Our customers control and are responsible for correcting, deleting or updating information they have collected from using the Services. We may work with our customers to help them provide notice to their visitors about their data collection, processing and usage.

 

1. Zymplify Product Specific Privacy Disclosures

A. All Product Tiers

i. Google Integrations
If you choose to integrate your Gmail or any other G Suite application with the Services, you may use the following integrations and allow us to access to your Google user data:

(1) Gmail Integration
By using the ‘Gmail Integration’ with the Services you will grant the Services access to information associated with your account, including contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality. In addition, the Services will be able to read, modify, create, and send emails from your connected Gmail account. The Services will scan the content of your emails to identify which emails you have elected to track in order to provide you with the notifications feature. The Services will store replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and Email bodies. Your email may contain sensitive information, such as names of your contacts, your private communications, or financial or medical information. You understand that the correspondences you track will be visible to other users on your Subscription team.

If you connect your Gmail account via IMAP (or Generic Inbox Connection), the Services will have access only to email address, password, server information, email metadata, and message bodies. Additionally, connecting your Gmail account via IMAP does not require you to connect any other G Suite applications.

Additional Limits on Use of Your Google user Data:

Notwithstanding anything else in this Product Privacy Policy, if you provide us with access to your Gmail data using the Gmail Integration, our use of that data will be subject to these additional restrictions:

• We will only use gmail.readonly, gmail.send and gmail.labels to provide a web email client that allows users to compose, send, read, and process emails and to enhance the email experience for productivity purposes.
• We will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
• We will not use this Gmail data for serving advertisements.
• We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for our internal operations when the data have been aggregated and anonymized.

Zymplify email app’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

ii. Outlook Integration
If you use the Outlook integration with the Zymplify Product, the Services will have access to information associated with your account, including contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality. The Zymplify Product will scan the content of your emails to identify which emails you have elected to track in order to provide you with the Notifications feature. The Services will store, replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and message bodies. Correspondences you track will be visible to other Users on your Subscription.

iii. Generic Inbox Connection (IMAP)
If you connect your email account via IMAP (or Generic Inbox Connection), the Services will have access only to email address, password, server information, email metadata, and message bodies. Additionally, connecting your Outlook account via IMAP does not require you to connect any other Microsoft applications.

iv. Crowdsourced Data
If you use our Zymplify CRM, you may see fields in our company database marked with an orange dot, or highlighted in some other way. These fields are those that we let our Zymplify CRM users update, to aim to keep our company database as current as possible. Crowdsourced Data fields only capture company level information, and are not intended to collect personally identifiable information. If you choose to submit updated information to these fields, you grant us the right to use such information in any manner that we choose (including, without limitation, publicly), without any payment or attribution to you. You represent and warrant that you have a right to share such information with us for our use and that you are not violating any confidentiality obligations by submitting the information. This information submitted by you will not be considered Customer Data or Confidential Information under this Agreement.

C. Marketing Hub

i. Zymplify Video
If you want to use the default video application provided by Vidyard through the Services, you must agree to Vidyard’s Terms of Service and Privacy Policy. Any data processed by Vidyard will be subject to Vidyard’s own terms available here: https://www.vidyard.com/privacy/

ii. Zymplify Tracking Code for WordPress Plugin
To connect your WordPress installation with your Zymplify account, we may use WordPress account information such as your email address to authenticate the connection. You grant permission to us and our licensors to collect data from your WordPress instance only as necessary to provide the Services and Consulting Services to you and as permitted by this Agreement.

D. Social Integrations

i. Youtube Integration
If you use the YouTube Integration, you agree to be bound by YouTube’s terms, available at: https://www.youtube.com/t/terms.

If you choose to connect your YouTube account with our Social Tool (subject to your product tier), as part of posting to YouTube through the Services, the Zymplify platform will store your posts and publish them at the scheduled time as selected by you. Additionally, the Services will add tracking code to any post URL generated through the Zymplify Platform, solely for the purpose of tracking clicks. The Services stores comments and replies on your posts, as well as analytics for the performance of your posts.

ii. Twitter Integration
You may choose to integrate your Twitter account with the Zymplify Platform (depending on product tier) in order to manage your Twitter. As part of posting Tweets through the Services, the Zymplify platform will store your Tweets and post Tweets upon their scheduled time as selected by you. Additionally, the Services will add tracking code to any Tweet URL generated through the Zymplify Platform, solely for the purpose of tracking clicks. The Services will store replies to and analytics for the performance of your Tweets.

iii. LinkedIn Integrations
Your use of the LinkedIn Ads integration is also subject to the terms and conditions provided by LinkedIn, available at: https://www.linkedin.com/legal/sas-terms. The Services will be able to view and manage your account, as well as store your LinkedIn Ads account number. As part of the integration, the Services receives user token with permissions on ad accounts and pages. The Services can view but does not store all the LinkedIn ads accounts and pages that you have permission for. LinkedIn will share with the Services: settings details (e.g., name, budget, bid strategy, creative) and performance metrics (impressions, clicks, etc.) for all campaigns, ad sets, and ads in the ad accounts the user has “connected” to the Services.
If you choose to sync leads, the Services will receive webhook updates when a new lead form submission occurs on a Page the user has “connected” to your account. The Services will pull all lead submissions for Pages the user has connected. The Services will log these submissions as form submissions in the CRM.

If you choose to connect your LinkedIn account with our Social Tool (subject to your product tier), as part of posting to LinkedIn through the Services, the Zymplify platform will store your posts and publish only at the time you schedule. Additionally, the Services will add tracking code to any post URL generated through the Zymplify Platform, solely for the purpose of tracking clicks. The Services stores comments and replies on your posts, as well as analytics for the performance of your posts.

As part of any LinkedIn integration the Services will store your account name, account profile picture.

iv. Google AdWords Integration
Your use of the Google AdWords integration is subject to Google’s terms at: https://support.google.com/adspolicy/answer/54818. The Services will be able to view and manage your account, and stores your Google Ads account number. As part of the integration, the Services receives user token with permissions on ad accounts and pages. The Services can view but does not store all the Google ad accounts that you have permission for. Google will share with the Services: settings details (e.g., name, budget, bid strategy, creative) and performance metrics (impressions, clicks, etc.) for all campaigns, ad sets, and ads in the ad accounts the user has “connected” to the Services.

If you choose to sync leads, the Services will receive webhook updates when a new lead form submission occurs and will log these submissions as form submissions in the CRM.

v. Facebook and Instagram Integration

Facebook Ads
If you share any data from your Zymplify Account with Facebook, as part of our Ads integration, Facebook’s ad terms will apply: https://www.facebook.com/legal/self_service_ads_terms. As part of the integration, the Services receives user token with permissions on ad accounts and pages. The Services can view but does not store all the ad accounts and pages that you have permission for. Facebook will share with the Services: settings details (e.g., name, budget, bid strategy, creative) and performance metrics (impressions, clicks, etc.) for all campaigns, ad sets, and ads in the ad accounts the user has “connected” to the Services.
If you choose to sync leads, the Services will receive webhook updates when a new lead form submission occurs on a page a user has connected to your account. The Services will pull all lead submissions for Pages the user has connected. The Services will log these submissions as form submissions in the CRM.

Facebook and Instagram
If you choose to connect your Facebook and/or Instagram account with our Social Tool (subject to your product tier), as part of posting to Facebook and/or Instagram through the Services, the Zymplify platform will store your posts and publish only at the time you schedule. Additionally, the Services will add tracking code to any post URL generated through the Zymplify Platform, solely for the purpose of tracking clicks. The Services stores comments and replies on your posts, as well as analytics for the performance of your posts

Ad Network Pixel and Tags
The Services will receive the selected ad network (for all Ad Network) pixel/tag identification as part of connecting you account to that network. The Services will automatically place this pixel/tag on the user’s website pages where Zymplify tracking code is present. This pixel/tag sends and tracks information about your website visitors back to the network, enabling conversion tracking and website audience creation.

E. Other Product Specific Disclosures

i. Integrations with the Zymplify Platform
You may choose to connect any number of applications or integrations, including our certified partner applications, with your Zymplify Account. Your use of these integrations is subject to the privacy terms made available by that integrator.

iii. Single Sign-On
You can log in to our site using a Single Sign-on (SSO) service like your Google account. This service will authenticate your identity and provide you the option to share certain personal data with us such as your name and email address to pre-populate our sign up form. Such services may give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

iii. Log Files
When you use the Services, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by us for the operation of the Services and to maintain quality of the Services. For these purposes, we do link this automatically-collected data to personal data such as name, email address, address, and phone number.