Privacy & Information Security
Last Updated: October 3, 2022
1. INFORMATION SECURITY
We take reasonable measures to safeguard the security of Personal Information (including Personal Information in Records) with industry-standard electronic and managerial procedures. The safety and security of Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
We restrict access to Personal Information to certain employees who require that information in order to maintain and operate Plenful's’ systems and to provide the Services.
Where you have given Personal Information in Records to us so that we can process it on your behalf as part of providing Services, you are responsible for ensuring the privacy and security of that Personal Information and obtaining the necessary authorizations and consent or otherwise having the appropriate legal authority for it to be shared with us for the Services.
Transmission of information via the Internet is not secure with absolute certainty. Although we do our best to protect Personal Information and provide transmission security in line with commercially-approved methods, we cannot guarantee the security of Personal Information transmitted to or through our application from theft, loss, alteration, misuse, or unauthorized access. We do not make any representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard your Personal Information. Any transmission of Personal Information is at your own risk. We are not responsible for any attempt to circumvent or any circumvention of privacy settings or security measures contained on or within the Site. If you have questions about our security measures in place, please contact us at firstname.lastname@example.org
2. DATA RETENTION & PRACTICES
We store the Personal Information we collect for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes, as required by our legal obligations, or as necessary to resolve disputes, defend our legal rights, and enforce our agreements.
Definitions. “Service Data” means a subset of Confidential Information comprised of electronic data, text, messages, communications, or other materials submitted to and stored within the Services by Customer in connection with use of the Services. Service Data may include, without limitation, any information relating to an identified or identifiable natural person (‘data subject’) where an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity of that natural person (such information, “Personal Data”). Service Data does not include metrics and information regarding Customer’s use of the Services, including information about how Authorized Users use the Services (such information, “Usage Data”).
Ownership. Customer will continue to retain its ownership rights to all Service Data processed under the terms of this MSA and Plenful will own all Usage Data.
Plenful’s Use of Data. Plenful will use Service Data, Personal Data, and Usage Data as follows and, to the extent necessary, Customer provides Plenful a license to use, modify, reproduce, distribute, display and disclose same during the Term in accordance with this MSA:
Operating the Services. Plenful may receive, collect, store and/or process Service Data based on Plenful’s legitimate interest in operating the Services. For example, Plenful may collect Personal Data (such as name or email address) through the account activation process. Plenful may also use Service Data in an anonymized manner for the training of the machine learning models to support certain features and functionality within the Services.
Communications. Plenful may communicate with Customer or Authorized Users (i) to send product information and promotional offers or (i) about the Services generally. If Customer or an Authorized User does not want to receive such communications, Customer may email help@Plenful.com. Customer and necessary Authorized Users will always receive transactional messages that are required for Plenful to provide the Services (such as billing notices and product usage notifications).
Improving the Services. Plenful may collect, and may engage third-party analytics providers to collect Usage Data to develop new features, improve existing features, or inform sales and marketing strategies based on Plenful’s legitimate interest in improving the Services. When Plenful uses Usage Data, any Personal Data that was included in Service Data shall be anonymized and/or aggregated in such a manner that it no longer constitutes Service Data or Personal Data under applicable data protection laws. Any such third-party analytics providers will not share or otherwise disclose Usage Data, although Plenful may make Usage Data publicly available from time to time.
Connecting to Third-Party Services. Customer may wish to connect third-party services to the Services (e.g., connecting Plenful to Customer’s single-sign-on service to verify 2FA status of Customer’s employees). When Customer uses a third-party service to connect with Plenful, logs into the Services through a third-party authentication service, or otherwise provides Plenful with access to information from a third-party service, Plenful may obtain other information, including Personal Data, from those third parties and combine that Service or Usage Data based on Plenful’s legitimate interest in providing Customer with functionality that supports the Services. Any access that Plenful may receive to such information from a third-party service is always in accordance with the features and functionality, particularly as to authorization, of that service. By authorizing Plenful to connect with a third-party service, Customer authorizes Plenful to access and store any information provided to Plenful by that third-party service, and to use and disclose that information in accordance with this MSA.
Third-Party Service Providers. Customer agrees that Plenful may provide Service Data and Personal Data to authorized third-party service providers only to the extent necessary to develop and operate the Services. Any such third-party service providers will only be given access to Service Data and Personal Data to the extent reasonably necessary to develop and operate the Services and will be subject to (a) confidentiality obligations that are commercially reasonable and substantially consistent with the standards described in this MSA; and (b) their agreement to comply with the data transfer restrictions applicable to Personal Data as set forth below.
Service Data Safeguards. (i) Plenful will not sell, rent, or lease Service Data to any third party, and will not share Service Data with third parties, except as permitted by AN MSA and to provide, secure, and support the Services. (ii) Plenful will maintain commercially reasonable (particularly for a company of Plenful’s size and revenue) appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Service Data.
3. INTELLECTUAL PROPERTY RIGHTS
Each Party will retain all rights, title and interest in any patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”), and Plenful in particular will exclusively retain such rights in the Services and all components of or used to provide the Services. Customer hereby provides Plenful a fully paid-up, royalty-free, worldwide, transferable, sub-licensable (through multiple layers), assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback Plenful receives from Customer, Customer’s agents or representatives, Authorized Users, or other third parties acting on Customer’s behalf; and Plenful also reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by such suggestions, enhancement requests, recommendations or other feedback.
4. YOUR CHOICES AS A USER
Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. If your Personal Information changes, you may correct, update, or delete it by emailing us at email@example.com. We will need to verify your identity before processing most requests, which may require us to obtain additional Personal Information from you. We will only use the information received in a request for the purposes of responding to the request.
You may delete your Plenful account under the terms of an applicable agreement between you and Plenful. We will endeavor to act on deletion requests as soon as reasonably practicable. Deletions take effect when we act on them, and we will delete your Plenful account according to the technical mechanisms available to us. However, residual information related to your account may remain for some time on our servers due to technical limitations.
.As used herein, the “Confidential Information” of a Party (the “Disclosing Party”) means all financial, technical, or business information of the Disclosing Party that the Disclosing Party designates as confidential at the time of disclosure to the other Party (the “Receiving Party”) or that the Receiving Party reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure. For the sake of clarity, the Parties acknowledge that Confidential Information includes the terms and conditions of this MSA. Except as expressly permitted in this MSA, the Receiving Party will not disclose, duplicate, publish, transfer or otherwise make available Confidential Information of the Disclosing Party in any form to any person or entity without the Disclosing Party’s prior written consent. The Receiving Party will not use the Disclosing Party’s Confidential Information except to perform its obligations under an MSA, such obligations including, in the case of Plenful, to provide the Services. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent required by law, provided that the Receiving Party: (a) gives the Disclosing Party prior written notice of such disclosure so as to afford the Disclosing Party a reasonable opportunity to appear, object, and obtain a protective order or other appropriate relief regarding such disclosure (if such notice is not prohibited by applicable law); (b) uses diligent efforts to limit disclosure and to obtain confidential treatment or a protective order; and (c) allows the Disclosing Party to participate in the proceeding. Further, Confidential Information does not include any information that: (i) is or becomes generally known to the public without the Receiving Party's breach of any obligation owed to the Disclosing Party; (ii) was independently developed by the Receiving Party without the Receiving Party's breach of any obligation owed to the Disclosing Party; or (iii) is received from a third party who obtained such Confidential Information without any third party's breach of any obligation owed to the Disclosing Party.
6. CHANGES TO THIS POLICY
We are required to review and update, and will review and update, this policy at least annually or if there are any substantive changes to our data collection and processing practices. The revised version will be effective when it is posted to our Site, and the date when the most recent revisions will appear above. We reserve the right to change this Policy at any time at our sole discretion. If we make any material changes, we will let you know through the Site or other communication that we believe will be reasonable likely to reach you. We encourage you to read this Policy periodically to stay up-to-date about our privacy practices. If you do not agree to any changes made to this Policy, you should end your use of the Site or Services.
If you have questions or comments about this Policy, please contact us at:
650 California Street 7th floor
San Francisco, CA 94108