1. Introduction and applicability
For any question regarding the collection or processing of your personal data, or for any request to exercise your rights in relation to your personal data, you can contact us in writing at any time at firstname.lastname@example.org.
If you are located in the United Kingdom, you can contact us through our UK legal representative at email@example.com, quoting “Proxyclick SA” in the subject line. You can find more information on our UK legal representative here.
2. Who is responsible for data processing?
Proxyclick SA, having its registered office at 1150 Brussels, rue Saint-Hubert 17, registered in the Belgian Crossroads Bank for Enterprises under number 0863.261.693 and any of its affiliates (hereinafter “Proxyclick”, “we”, “our”, “us”), is the data controller for the processing of your personal data and PII collected via the Website and other communication channels (such as email or calls), and for the processing carried out when you subscribe to and/or use our Services and so so provide us with information (e.g. when creating your account). Thus, Proxyclick will only be the data controller for the processing of personal data and PII for its own purposes, such as the processing of personal data of our (potential) customers in relation to sales, product feedback, service delivery, invoicing, customer relationship management and direct marketing.
If you are a User, other than the Administrator User, of our Services (e.g. you are an employee or a visitor of one of our Clients), our Client will be the data controller and Proxyclick will be acting as its Client’s data processor. In such case, the Client is the one assuming responsibility for the processing of personal data through our Services. To learn more about the data processing operations of our Clients and to enforce your rights related to their processing operations please consult the relevant privacy policies of the relevant Clients.
3. What is personal data?
Personal data (which should be understood to include PII) is any information relating to an identified or identifiable natural person. It is sufficient that the data allow us to establish a (direct or indirect) link between one or more data-pieces and a natural person.
Personal data does not include anonymous or non-personal data (i.e., information that cannot be associated with or tracked back to a specific individual) or personal data that has been independently anonymized. By your use of the Website, you in any case consent to the processing and using of anonymous and non-personal data that is no longer associated with any natural person.
4. What (categories of) personal data do we process, the purposes of such processing and the lawful bases?
The Website provides information about the Services and allows you to contact Proxyclick. During your visit to the Website, we process technical data, some of which may be considered personal data under certain circumstances, such as:
- browser type or browser version;
- language of the browser;
- operating system used;
- host name of the device; and
- IP address.
Based on our legitimate interest to improve our Services, we may also process any feedback or other information you have given to us regarding our Services, via the Website and other communication channels (such as email or calls).
Furthermore, if you sign up for our (free trial of the) Services we process the subsequent personal data of yours for the purposes of providing you the Services and related maintenance, assistance and administration including customer service. This personal data can consist of:
- your email address;
- full name; and
- company name;
- service metadata; and
- log data.
These data are the minimum required information to establish a contract between us and you and to provide you with the Services. The lawful basis of these data processing operations is contract.
Moreover, if you have shown interest in our Services, we may use your email address or phone number (if submitted) to send you promotional communications related to the Services and in such situations the lawful basis is our legitimate interest to promote our Services, to suggest tips custom to your usage and to inform you about our Services, any updates, and any new Services that may be of interest to you. You can unsubscribe or opt-out from receiving these communications via the link in the marketing correspondence or by contacting us at firstname.lastname@example.org. If you are located in the United Kingdom, you can contact us through our UK legal representative at email@example.com, quoting “Proxyclick SA” in the subject line.
Additionally, if you wish to subscribe to our Services, including our free plan, or upgrade the same we will need the following information to operate online payments:
- billing address information and VAT number (where applicable) of your organization;
- email address for billing communications; and
- financial information e.g. credit card number and name of the cardholder.
If such data are considered personal data, the lawful basis for processing is contract or, where the applicable laws oblige us to process certain financial information, our legal obligation. Proxyclick also reserves the right to process any personal data if required by law or needed to establish, execute or defend any legal claims or disputes.
In some events we may receive information from third parties for example:
- if you choose to enable Third Party Services, we may receive personal data they share with us (e.g. authentication data to verify you if single sign on integration is enabled);
- public databases and social media platforms;
- data enrichment.
Finally, our Client may ask you to use our application “Proovr” to do your check-in when you visit or work at the Client’s premises or for other work-related actions. When using Proovr, you authenticate with your email address and send your device identifiers back to our servers. Your geolocation will be processed within the “Proovr” app and such information will never be received or visible by Proxyclick, its employees or its servers in any manner. When installing Proovr, you will be asked whether you allow the processing of your geolocation and you can decide at any time to disable the geolocation on your phone. Also, your geolocation will only be used to assess by your own phone whether you are present within a certain perimeter around our Client’s premises, in order to send you a notification on your phone to check-in or use any other action more efficiently. This information will not be stored anywhere and is forgotten from the application as soon as you close the application.
5. Who has access to your personal data and where is it accessible?
We, at Proxyclick, consider mutual confidence very important. That is why we would like to ensure you that we process your personal data only for internal use to the extent necessary for realizing the intended purposes, mentioned above, and we neither rent nor sell your or your visitors’ personal data to third parties for their own marketing purposes.
Please note that in our data processing operations we use a number of data processors that collect, store and process your data. These data processors are natural persons or legal entities that process personal data on behalf of Proxyclick. We have carefully vetted and selected our processors and review them regularly to ensure that your privacy is preserved. The appointed processors offer appropriate guarantees with regard to technical and organizational security measures regarding the processing of your personal data and are contractually bound by us to keep your information confidential.
We may transfer your personal data to our trusted and reputable vendors and partners, such as:
- our other entities,
- our suppliers of IT related services, in order to ensure that our IT environment is best suited to provide you with our Services;
- our business partners, with whom we may share information to assist in the management or maintenance of a Proxyclick account, to assist our partners in delivering services which are complementary to our Services or to facilitate conversations with our Clients;
- cloud platform provider to provide our Services;
- product feedback, in order to make sure that our Services are customised to your needs;
- customer care vendors such as customer relationship management systems or website chat room tools to assist you and provide customer support;
- marketing and social media platforms to communicate promotional material;
- payment service providers and/or banks to enable online payments;
- providers of recruitment related services;
- analytics tools to analyze e.g. visits and usage of our Website or Services.
Proxyclick does not otherwise disclose your personal data to third parties, except if: (1) you request or authorise disclosure thereof; (2) the disclosure is required to process transactions or supply services which you have requested; (3) Proxyclick is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application; (4) the disclosure is necessary to comply with Proxyclick’s legal and/or regulatory obligations; or (5) as otherwise required by law or to prevent imminent harm to persons or property. Proxyclick will inform you immediately, to the extent we are legally authorised to do so, in case of any application or order originating from an administrative or judicial authority relating to your personal data.
Please note also that in order to further develop our business, we may alter the corporate structure of Proxyclick by changing its legal form. We may also form, sell or buy subsidiaries, divisions or parts of the company. In such transactions, customer information together with the part of the company to be transferred will be passed on. You will be informed about such changes to the extent this is required by the GDPR.
Furthermore, we reserve the right to disclose or transfer your personal data if required by law or needed to establish, execute or defend any legal claims or disputes.
6. How long do we retain your personal data?
We will retain personal data only for as long as it is necessary to fulfil the purposes for which the personal data were collected. This may include keeping your data after you have deactivated your account for the period of time needed for Proxyclick to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements. Cookie data are retained as per the Cookie Statement.
Please note that if we are acting as a data processor, we have to act upon our customer’s instructions regarding data retention.
7. Do we use automated decision-making?
Article 22 of the GDPR provides that individuals have the right not to be subject to a decision based exclusively on automated processing which produces legal effects concerning them or otherwise significantly affects them.
Proxyclick does not use such automated decision-making.
8. What are your rights in relation to your personal data?
To the extent you access the Website or the Services from a legal jurisdiction covered by GDPR or other law equivalents to GDPR, you, in your capacity as data subject, have the right to:
- access your personal data;
- rectify and correct your personal data;
- erase your personal data (the so-called “right to be forgotten”);
- restrict the processing of your personal data;
- object to processing of your personal data in certain circumstances;
- data portability;
- lodge a complaint with the competent supervisory authority.
The performance of these rights may be subject to certain conditions and exceptions as provided by the GDPR. In any case, whether within a GDPR jurisdiction or elsewhere, you always have the absolute right to object the further use of your personal data for direct marketing purposes.
Any request to exercise these rights related to personal data for which we are controller should be provided to us in writing via e-mail at firstname.lastname@example.org or, if you are located in the United Kingdom at email@example.com, quoting “Proxyclick SA” in the subject line. Within the shortest reasonable time, we will provide you with the necessary information and/or the measures taken in response to your demand. In any case, we strive to respond to your request within one month as of receipt thereof, which can be extended to two months in case of very complex or a high number of demands. We may require that your request be accompanied by a photocopy of proof of identity or authority. Please observe that in the event we act as a data processor we are obliged to forward your requests to the relevant data controller or respond in accordance with the controller’s instructions.
To the extent we rely on your consent as the legal basis for our processing activities, you shall always have the right to withdraw your consent at any point in time and without prejudice to the lawfulness of the processing based on the consent given prior to its withdrawal.
10. How is your personal data secured?
Proxyclick endeavours to maintain appropriate physical, technical and procedural safeguards that are necessary to protect your personal data. These safeguards are designed to protect your personal data from loss and unauthorized access, copying, use, modification or disclosure. For further information regarding our security measures please see here.
Notwithstanding this, there is no absolute safety from piracy or hackers when doing data transmission over the internet. That is why in the event a breach of security was to affect your rights, Proxyclick undertakes to inform you thereof without undue delay and to use its best commercially reasonable efforts to take all possible measures to neutralise the intrusion and minimise the impacts.
Effective as of: November 2019