The Trendalytics website and services made available from Trendalytics.co or otherwise by Trendalytics are owned and operated by Trendalytics, Inc. (“Trendalytics,” “we,” “our,” or “us”). At Trendalytics, we understand that you value your privacy, and we want to help make your experience with our site and services (referred to in this policy collectively as our “Services”) satisfying and safe. This policy describes our collection of information, including personal information, in connection with our Services, and explains how we use and disclose this information. To make this policy easy to find, we make it available from our homepage.
“Personal information,” as used in this policy, is information that may be used to identify an individual, such as a person’s name, email address, or credit card number.
How We Collect Personal Information
We collect personal information in the course of providing our Services to you, including through your voluntary, optional submissions, such as information that you provide to us at the time of registering for our Services, or through your use of our Services. When you register with us for an account, we may collect information such as your name and email address. When you pay for certain features of the Services, we may collect information such as your credit card number, expiration date, billing address, and CVV or security code number. You may also provide personal information to us in other ways, such as by requesting user support.
We may receive personal information from third parties about their users, and may combine this information with other personal information we maintain about you. If we do so, this policy also governs the combined information.
How We Use Personal Information
We use personal information we collect to provide, improve, and develop our Services, to tailor your user experience, to respond to your inquiries or requests, to prevent or investigate fraudulent or inappropriate usage of our Services, for research and development, to analyze trends, and for the other purposes described in this policy.
In addition, we may use your email address to deliver product information and marketing messages. You may opt-out from receiving these marketing messages by following the instructions provided in the messages to unsubscribe from email communication or by emailing the address provided at the end of this policy.
How We Share Personal Information
We may also provide personal information to our subsidiaries, affiliated companies, and other trusted businesses or persons for the purpose of providing our Services and for our other purposes described in this policy. An example of a trusted business could be an email campaign service provider. We limit the personal information shared with these third parties to that which is necessary to carry out those functions.
We may share personal information with third parties (including regulatory or law enforcement authorities) in order to carry out a user’s request or if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.
If you post any of your information to a public area of our Services, please be aware that it is no longer “personal information” for the purposes of this policy, and we or anyone else may use such information without restriction. If you provide access to personal or other information , including your email address or name, to a limited set of other users through any of our privacy controls or other settings, please understand that Trendalytics has no control over how others may collect, use, or disclose such information.
Non-Personal Information We Collect, and How We Use It
We may also collect information that is not personally identifiable, and may aggregate personal information or otherwise render it anonymous (that is, non-personally identifiable). We may use non-personally identifiable information we collect to provide, improve, and develop our Services and otherwise to tailor your user experience, to prevent or investigate fraudulent or inappropriate usage of our Services, for research and development, and for the other purposes described in this policy. We may use this anonymous information for various purposes and may share it with third parties. Below are some examples of the types of non-personal information we collect and some specific examples of how we use this information:
Usage tracking. We may collect non-personal information from your use of our Services. For example, we may collect information about user traffic and usage patterns throughout our site, and similar information regarding the use of our Services. We may also track click-through information, such as IP addresses, from the messages we send to our users. We use the information we collect in these manners to, for example, improve our Services, to develop new products and services, to gauge the effectiveness of our marketing campaigns, to discourage and address abusive and fraudulent use of our Services, and to help our users with troubleshooting issues.
If we directly combine any non-personal information gathered through passive means with personal information, we treat the combined information as personal information under this policy. Otherwise, we use information collected by passive means in aggregated or other non-personally identifiable forms.
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides his or her personal information to us through our Services represents that he or she is older than 12 years of age.
Our Commitment to Data Security
In an effort to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Please be aware, however, that no data transmissions over the Internet or other networks can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security or integrity of any information you transmit to us. You transmit information to us at your own risk. Once we receive personal information, we make reasonable efforts to protect it from unauthorized access, disclosure, alteration, or destruction. But we cannot represent or guarantee that personal information will not be accessed, disclosed, altered, or destroyed.
If Trendalytics learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. Trendalytics may post a notice through the Services if a security breach occurs. If this happens, you will need a web browser enabling you to access the Services. Trendalytics may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Third-Party Sites and Services
Our Services may contain links to and interoperate with third-party sites and services. Any links to or interoperability with third-party sites or services are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties. Any personal information that you provide to any other third party is subject to that third party’s privacy practices and policies, not this policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
Information about our users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personal information would be transferred as one of our business assets.
The Services are hosted in and provided from the United States. If you use our Services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the EU and some other regions. By providing your personal information, you consent to the transfer of your personal data to the United States and the use of your personal information, in accordance with this policy.
Information Retention and Disposal
We may retain personal information for as long as we have a business need for it or as applicable laws or regulations or government orders require us to retain it. Additionally, the Service may enable you (or other users) to save information including information that you have made public or allowed certain users to access or see.
Changes and Updates
We may occasionally update this policy. When we do, we will also revise the “last updated” date at the top of this policy. We encourage you to review this policy periodically to stay informed about our collection, use, and disclosure of personal information.
How to Contact Us
Trendalytics Innovation Labs, Inc
New York, NY 10012
Effective May 24, 2018
EU Data Processing Addendum
PLEASE READ THIS EU DATA PROCESSING ADDENDUM (“ADDENDUM”) CAREFULLY BEFORE USING THE WEBSITE, SOFTWARE OR SERVICES OFFERED BY TRENDALYTICS, INC. (“TRENDALYTICS” OR “PROCESSOR”). THIS ADDENDUM SHALL APPLY TO THE EXTENT TRENDALYTICS IS A PROCESSOR OF PERSONAL DATA (DEFINED BELOW) THAT IS SUBJECT TO CERTAIN DATA PROTECTION LAWS (DEFINED BELOW). YOU OR THE ENTITY YOU REPRESENT AGREE THAT YOU HAVE READ AND ACCEPT THE TERMS IN THIS ADDENDUM, WHICH SUPPLEMENT TRENDALYTICS’ TERMS OF SERVICE AVAILABLE AT TRENDALYTICS TOS (“TERMS OF SERVICE”). IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF AND THE RIGHT TO BIND YOUR EMPLOYER THERETO. IF EITHER YOU OR YOUR EMPLOYER DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS ADDENDUM, YOU HAVE NO RIGHT TO USE TRENDALYTICS’S SERVICES AND MUST NAVIGATE AWAY FROM THIS PAGE.
This Addendum (“Addendum”) supplements the Terms of Service whenever any user of Trendalytics’ Services provides Trendalytics with personal data that is or will be subject to Data Protection Laws. THIS ADDENDUM APPLIES ONLY TO THE EXTENT TRENDALYTICS IS A PROCESSOR OF PERSONAL DATA (DEFINED BELOW) THAT IS SUBJECT TO CERTAIN DATA PROTECTION LAWS (DEFINED BELOW). Any terms not defined in this Addendum shall have the meaning set forth in the Terms of Service. In the event of a conflict between the terms and conditions of this Addendum and the Terms of Service, the terms and conditions of this Addendum shall supersede and control.
- 1.1 “Anonymous Data” means Personal Data that has been processed in such a manner that it can no longer be attributed to an identified or identifiable natural person.
- 1.2 “Authorized Employee” means an employee of Processor or independent individual contractor under the sole direction of Processor who has a need to know or otherwise access Personal Data to enable Processor to perform their obligations under this Addendum or the Terms of Service.
- 1.3 “Authorized Individual” means an Authorized Employee or Authorized Subcontractor.
- 1.4 “Authorized Subcontractor” means a third-party subcontractor, agent, reseller, or auditor who has a need to know or otherwise access Personal Data to enable Processor to perform its obligations under this Addendum or the Terms of Service, and who is either (1) listed in Exhibit B or (2) authorized by Controller to do so under Section 4.2 of this Addendum.
- 1.5 “Data Subject” means an identified or identifiable person to whom Personal Data relates.
- 1.6 “Instruction” means a direction, either in writing, in textual form (e.g. by e-mail) or by using a software or online tool, issued by Controller to Processor and directing Processor to Process Personal Data.
- 1.7 “Personal Data” means any information relating to Data Subject which Processor Processes on behalf of Controller other than Anonymous Data, and includes Sensitive Personal Information.
- 1.8 “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
- 1.9 “Privacy Shield Principles” means the Swiss-U.S. and EU-U.S. Privacy Shield Framework and Principles issued by the U.S. Department of Commerce, both available at https://www.privacyshield.gov/EU-US-Framework.
- 1.10 “Process” or “Processing” means any operation or set of operations which is performed upon the Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.
- 1.11 “Sensitive Personal Information” means a Data Subject’s (i) government-issued identification number (including social security number, driver’s license number or state-issued identification number); (ii) financial account number, credit card number, debit card number, credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual’s financial account; (iii) genetic and biometric data or data concerning health; or (iv) Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation or sexual activity, criminal convictions and offences (including commission of or proceedings for any offense committed or alleged to have been committed), or trade union membership.
- 1.12 “Services” shall have the meaning set forth in the Terms of Service.
- 1.13 “Standard Contractual Clauses” means an agreement that may be executed by and between Controller and Processor pursuant to the European Commission’s decision (C(2010)593) of February 5, 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of protection.
- 1.14 “Supervisory Authority” means an independent public authority which is established by a member state of the European Union, Iceland, Liechtenstein, or Norway.
- Processing of Data
- 2.1 The rights and obligations of the Controller with respect to this Processing are described herein. Controller shall, in its use of the Services, at all times Process Personal Data, and provide instructions for the Processing of Personal Data, in compliance with EU Directive 95/46/EC (the “Directive”), and, when effective, the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR” and together, “Data Protection Laws”)). Controller shall ensure that its instructions comply with all laws, rules and regulations applicable in relation to the Personal Data, and that the Processing of Personal Data in accordance with Controller’s instructions will not cause Processor to be in breach of the Data Protection Laws. Controller is solely responsible for the accuracy, quality, and legality of (i) the Personal Data provided to Processor by or on behalf of Controller, (ii) the means by which Controller acquired any such Personal Data, and (iii) the instructions it provides to Processor regarding the Processing of such Personal Data. Controller shall not provide or make available to Processor any Personal Data in violation of the Terms of Service or otherwise inappropriate for the nature of the Services, and shall indemnify Processor from all claims and losses in connection therewith.
- 2.2 Processor shall Process Personal Data only (i) for the purposes set forth in the Terms of Service and/or Exhibit A, (ii) in accordance with the terms and conditions set forth in this Addendum and any other documented instructions provided by Controller, and (iii) in compliance with the Directive, and, when effective, the GDPR. Controller hereby instructs Processor to Process Personal Data in accordance with the foregoing and as part of any Processing initiated by Controller in its use of the Services.
- 2.3 The subject matter, nature, purpose, and duration of this Processing, as well as the types of Personal Data collected and categories of Data Subjects, are described in Exhibit A to this Addendum.
- 2.4 Following completion of the Services, at Controller’s choice via a written letter to the Processor, Processor shall return or delete the Personal Data, except as required to be retained by the laws of the European Union or European Union member states. If Controller and Processor have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the certification of deletion of Personal Data that is described in Clause 12(1) of the Standard Contractual Clauses shall be provided by Processor to Controller only upon Controller’s request.
- Authorized Employees
- 3.1 Processor shall take commercially reasonable steps to ensure the reliability and appropriate training of any Authorized Employee.
- 3.2 Processor shall ensure that all Authorized Employees are made aware of the confidential nature of Personal Data and have executed confidentiality agreements that prevent them from disclosing or otherwise Processing, both during and after their engagement with Processor, any Personal Data except in accordance with their obligations in connection with the Services.
- 3.3 Processor shall take commercially reasonable steps to limit access to Personal Data to only Authorized Individuals.
- Authorized Subcontractors
- 4.1 Controller acknowledges and agrees that Processor may (1) engage its affiliates and the Authorized Subcontractors listed in Exhibit B to this Addendum to access and Process Personal Data in connection with the Services and (2) from time to time engage additional third parties for the purpose of providing the Services, including without limitation the Processing of Personal Data.
- 4.2 A list of Processor’s current Authorized Subcontractors (the “List”) is available at ADD TRENDALYTICS SUBPROCESSOR PAGE, which may be updated by Processor from time to time. The List will provide a mechanism to subscribe to notifications of new Authorized Subcontractors and Controller agrees to subscribe to such notifications. At least ten (10) days before enabling any third party other than Authorized Subcontractors to access or participate in the Processing of Personal Data, Processor will add such third party to the List. Controller may object to such an engagement in writing within ten (10) days of receipt of the aforementioned notice by Controller.
- 4.2.1 If Controller reasonably objects to an engagement in accordance with Section 4.2, Processor shall provide Controller with a written description of commercially reasonable alternative(s), if any, to such engagement, including without limitation modification to the Services. If Processor, in its sole discretion, cannot provide any such alternative(s), or if Controller does not agree to any such alternative(s) if provided, Processor may terminate this Addendum. Termination shall not relieve Controller of any fees owed to Processor under the Terms of Service.
- 4.2.2 If Controller does not object to the engagement of a third party in accordance with Section 4.2 within ten (10) days of notice by Processor, that third party will be deemed an Authorized Subcontractor for the purposes of this Addendum.
- 4.3 Processor shall ensure that all Authorized Subcontractors have executed confidentiality agreements that prevent them from disclosing or otherwise Processing, both during and after their engagement by Processor, any Personal Data both during and after their engagement with Processor.
- 4.4 Processor shall, by way of contract or other legal act under European Union or European Union member state law (including without limitation approved codes of conduct and standard contractual clauses), ensure that every Authorized Subcontractor is subject to obligations regarding the Processing of Personal Data that are no less protective than those to which the Processor is subject under this Addendum.
- 4.5 Processor shall be liable to Controller for the acts and omissions of Authorized Subcontractors to the same extent that Processor would itself be liable under this Addendum had it conducted such acts or omissions.
- 4.6 If Controller and Processor have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), (i) the above authorizations will constitute Controller’s prior written consent to the subcontracting by Processor of the processing of Personal Data if such consent is required under the Standard Contractual Clauses, and (ii) the parties agree that the copies of the agreements with Authorized Subcontractors that must be provided by Processor to Controller pursuant to Clause 5(j) of the Standard Contractual Clauses may have commercial information, or information unrelated to the Standard Contractual Clauses or their equivalent, removed by the Processor beforehand, and that such copies will be provided by the Processor only upon request by Controller.
- Security of Personal Data
- 5.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of Processing Personal Data.
- Transfers of Personal Data
- 6.1 Any transfer of Personal Data made subject to this Addendum from member states of the European Union, Iceland, Liechtenstein, Norway, Switzerland or the United Kingdom to any countries which do not ensure an adequate level of data protection within the meaning of the laws and regulations of these countries shall, to the extent such transfer is subject to such laws and regulations, be undertaken by Processor through one of the following mechanisms: (a) in accordance with the Swiss-U.S. and EU-U.S. Privacy Shield Framework and Principles issued by the U.S. Department of Commerce, both available at https://www.privacyshield.gov/EU-US-Framework (the “Privacy Shield Principles”), or (b) if (a) is unavailable, the Standard Contractual Clauses.
- 6.2 If transfers are made pursuant to 6.1(a), Processor self-certifies to, and complies with, the Swiss-U.S. and EU-U.S. Privacy Shield Frameworks, as administered by the U.S. Department of Commerce, and shall maintain such self-certification and compliance with respect to the Processing of Personal Data transferred from member states of the European Union, Iceland, Lichtenstein, Norway, or the United Kingdom (the “EEA”) or Switzerland to any countries which do not ensure an adequate level of data protection within the meaning of the laws and regulations of the foregoing countries for the duration of the Addendum.
- Rights of Data Subjects
- 7.1 Processor shall, to the extent permitted by law, promptly notify Controller upon receipt of a request by a Data Subject to exercise the Data Subject’s right of: access, rectification, restriction of Processing, erasure, data portability, restriction or cessation of Processing, withdrawal of consent to Processing, and/or objection to being subject to Processing that constitutes automated decision-making (such requests individually and collectively “Data Subject Request(s)”). If Processor receives a Data Subject Request in relation to Controller’s data, Processor will advise the Data Subject to submit their request to Controller and Controller will be responsible for responding to such request, including, where necessary, by using the functionality of the Services.
- 7.2 Processor shall, at the request of the Controller, and taking into account the nature of the Processing applicable to any Data Subject Request, apply appropriate technical and organizational measures to assist Controller in complying with Controller’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible, provided that (i) Controller is itself unable to respond without Processor’s assistance and (ii) Processor is able to do so in accordance with all applicable laws, rules, and regulations. Controller shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Processor.
- Actions and Access Requests
- 8.1 Processor shall, taking into account the nature of the Processing and the information available to Processor, provide Controller with reasonable cooperation and assistance where necessary for Controller to comply with its obligations under the GDPR to conduct a data protection impact assessment and/or to demonstrate such compliance, provided that Controller does not otherwise have access to the relevant information. Controller shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Processor.
- 8.2 Processor shall, taking into account the nature of the Processing and the information available to Processor, provide Controller with reasonable cooperation and assistance with respect to Controller’s cooperation and/or prior consultation with any Supervisory Authority, where necessary and where required by the GDPR. Controller shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Processor.
- 8.3 Processor shall maintain records sufficient to demonstrate its compliance with its obligations under this Addendum, and retain such records for a period of three (3) years after the termination of the Terms of Service. By providing a written notice to Processor at Processor’s address (512 2nd Street, First Floor, San Francisco, CA 94107), Controller shall have the right to review, audit and copy such records at Processor’s offices during regular business hours.
- 8.4 Upon Controller’s request, Processor shall, no more than once per calendar year, either (i) make available for Controller’s review copies of certifications or reports demonstrating Processor’s compliance with prevailing data security standards applicable to the Processing of Controller’s Personal Data , or (ii) if the provision of reports or certifications pursuant to (i) is not reasonably sufficient under Data Protection Laws, allow Controller or its authorized representative, upon reasonable notice and at a mutually agreeable date and time, to conduct an audit or inspection of Processor’s data security infrastructure and procedures that is sufficient to demonstrate Processor’s compliance with its obligations under this Addendum, provided that Controller shall provide reasonable prior notice of any such request for an audit and such inspection shall not be unreasonably disruptive to Processor’s business. Controller shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to Processor for any time expended for on-site audits. If Controller and Processor have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the audits described in Clause 5(f) and Clause 12(2) of the Standard Contractual Clauses shall be carried out in accordance with this Section 8.4.
- 8.5 In the event of a Personal Data Breach, Processor shall, without undue delay, inform Controller of the Personal Data Breach and take such steps as Processor in its sole discretion deems necessary and reasonable to remediate such violation (to the extent that remediation is within Processor’s reasonable control).
- 8.6 In the event of a Personal Data Breach, Processor shall, taking into account the nature of the Processing and the information available to Processor, provide Controller with reasonable cooperation and assistance necessary for Controller to comply with its obligations under the GDPR with respect to notifying (i) the relevant Supervisory Authority and (ii) Data Subjects affected by such Personal Data Breach without undue delay.
- 8.7 The obligations described in Sections 8.5 and 8.6 shall not apply in the event that a Personal Data Breach results from the actions or omissions of Controller. Processor’s obligation to report or respond to a Personal Data Breach under Sections 8.5 and 8.6 will not be construed as an acknowledgement by Processor of any fault or liability with respect to the Personal Data Breach.
- Limitation of Liability
- 9.1 The total liability of each of Controller and Processor (and their respective employees, directors, officers, affiliates, successors, and assigns), arising out of or related to this Addendum, whether in contract, tort, or other theory of liability, shall not, when taken together in the aggregate, exceed the limitation of liability set forth in the Terms of Service.
Details of Processing
Nature and Purpose of Processing: Provision of Services to Controller pursuant to the Terms of Service.
Duration of Processing: For as long as Processor is providing the Services to Controller pursuant to the Terms of Service.
Categories of Data Subjects: Controller’s end-users and customers; Controller’s employees.
Type of Personal Data:
Name, e-mail address, IP Address and associated location ID, device ID.
Controller acknowledges and agrees that the following entities shall be deemed Authorized Subcontractors that may Process Personal Data pursuant to this Addendum:
- Amazon Web Services
- Google Cloud
- Google G Suite (Gmail)
- Nomad Financial
Effective as of May 24, 2018