Effective on: May 18, 2018
Scope of this Notice
Infusion Software, Inc. (“Keap,” “we,” “us,” and “our”) takes the protection of personal data very seriously. This Application Privacy Notice (the “Notice”) addresses data subjects whose personal data we may receive in our hosted sales and marketing software applications from our customers or business partners. This Notice does not apply to personal data we collect by other means, such as personal data that we receive directly through Keap’s own publicly accessible websites. In addition, our customers use our hosted technology platform to store and process data of their own users and customers at their own discretion. In this circumstance, we act only as a storage and service provider, without any interest in or knowledge about what is being stored. In general, we only access such personal data at our customer’s request in connection with customer support or account administration matters, as is reasonably necessary in order to provide the services that our customer has directed us to provide, or as may be required by law.
Categories of Personal Data
Keap sells sales and marketing software and related services, designed primarily for small businesses. Our customers use our hosted technology platforms to store and process personal data at their own discretion. Since our customers provide the personal data covered by this Notice, the categories of personal data we process are also determined by our customers, with whom the relevant data subjects typically have a closer employment or business relationship (and who, therefore, can provide additional information as to the categories of personal data shared with us).
How We Receive Personal Data
We may receive your personal data when our customers or our business partners submit such data to our hosted technology platforms.
Controllership
In the context of this Notice, Keap acts as a data processor for the personal data we process. It is the responsibility of our customers, who are typically data controllers, to establish a lawful basis for the processing activities they undertake using our hosted sales and marketing software.
Purposes of Processing of Personal Data
We collect and use personal data for the purposes of providing our services to our customers, communicating with business partners about business matters, processing personal data on behalf of customers, detecting and blocking spam messages, and conducting related tasks as reasonably required in order to provide our hosted sales and marketing software to our customers.
To help us provide software solutions that meet the evolving needs of our customers, we may aggregate personal data that we process for the purpose of anonymizing such personal data. We may then process the resulting anonymized data for any legal business purpose, such as analyzing usage trends.
When the purposes of processing are satisfied (i.e., when the provision of the services to the Keap customer ends), we will delete such personal data within six months.
Cookies
A “cookie” is a small file stored on your device that contains information that may be associated with you. We may use cookies for session management or for tracking spam or fraud messages. If you would prefer not to accept cookies, you can alter the configuration of your browser to reject all cookies or some cookies. Note, if you reject certain cookies, you may not be able to access all of our application’s features. For more information, please visit https://www.aboutcookies.org/.
Disclosure of Personal Data
We share personal data with our service providers, who process personal data on behalf of Keap. Such third parties include those:
- Providing IT systems and infrastructure
- Managing our IT systems and infrastructure
- Providing customer support
- Providing value-added services such as assisting customers with marketing campaigns
- Providing payment processing services
Our service providers may be located outside of the United States; however, we will require that all of our service providers maintain at least the same level of data protection for personal data processed on our behalf as that which we maintain for such personal data. Keap remains liable for the protection of your personal data that we transfer to our service providers, except to the extent that we are not responsible for the event giving rise to any unauthorized or improper processing.
We also share personal data with other third parties for the purposes for which we receive the personal data (e.g., performance of contractual obligations and rights).
Other Disclosure of Your Personal Data
We may also disclose your personal data (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders, or (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change.
If we must disclose your personal data in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, we may not be able to ensure that such recipients of your personal data will maintain the privacy or security of your personal data.
Data Integrity & Security
Keap has implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect personal data from unauthorized processing such as unauthorized access, disclosure, alteration, or destruction.
Access & Review
If you are a data subject about whom we store personal data, you may have a right to request access to your personal data, update, correct, or delete your personal data, and to object to processing, request restriction of processing, or exercise your right to data portability. To submit such requests or raise any other questions, please contact the organization that provided your personal data to us. We make a reasonable effort to provide our customers the means to comply with the requests of their data subjects in our hosted sales and marketing software applications.
Privacy Contact & Dispute Resolution Process
If you have questions, please contact us at:
Infusion Software, Inc.
Attn: Legal Department
1260 S. Spectrum Blvd
Chandler, AZ 85286
USA
Our Data Protection Officer is:
Matthew Joseph, CIPP/US
[email protected]
Or you may call us at +1 480 499 6500. We will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described in this Notice. Please allow up to four weeks for us to reply.
European Union Representative
VeraSafe has been appointed as Keap’s representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to Keap only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative
Alternatively, VeraSafe can be contacted at:
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork 123AT2P
Ireland
Regulatory Oversight
Keap is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Changes to this Privacy Notice
If we make any material change to this Notice, we will post the revised Notice to this web page and update the “Effective on” date above to reflect the date on which the new Notice became effective.
