Privacy Policy – dispersión

Effective Date: January 8, 2024

At dispersión saas, S.A., we value the protection of your Personal Data. This Privacy Policy outlines how we handle the Personal Data we receive or collect from customers like you. It is important to note that this Privacy Policy is incorporated into the dispersión saas, S.A. Service Agreement and the Data Processing Agreement if you are a customer.

I. Interpretation

This privacy policy applies to all individuals referred to as “you” or “your” in this document.

Visitors refers to individuals who contact dispersión saas, S.A., interact with a dispersión saas, S.A. sales representative, provide feedback, visit https://dispersión.com, or access other dispersión saas, S.A. applications or websites where this Privacy Policy is linked. This includes websites created for contests or promotions.

Customers refers to business owners or businesses that subscribe to dispersión saas, S.A. software services or purchase services from dispersión saas, S.A., whether through paid subscriptions or trials.

Partners refers to third-party business partners of dispersión saas, S.A., including their employees and representatives.

Personal Data is defined as information relating to an identified or identifiable individual, which may include name, address, email, phone number, IP address, and data specific to an individual’s physical, physiological, genetic, economic, cultural, or social identity. Business information such as name or physical address is not considered Personal Data.

This Privacy Policy does not apply to third-party websites, applications, or services, even if accessed through dispersión saas, S.A.’s Websites or Services.

Customers are responsible for complying with applicable laws and regulations regarding the Personal Data of their own customers and employees. The processing of such data is governed by the relevant agreement and privacy policy between the Customer and its End-Users. We process Personal Data of End-Users on behalf of our Customers, according to our Data Processing Agreement.

Customers are responsible for addressing privacy requests from their End-Users. End-Users should review the Customer’s privacy policy and contact the Customer directly for privacy-related inquiries.

Our Websites and Services are not intended for children under 13, and we do not knowingly collect or store Personal Data of individuals under the age of 13.
II. Information that we Collect from you

A. Your Personal Data When you use our Websites or mobile applications to download materials, request information, or engage with our services, we may ask you to provide contact details so that we can deliver the requested information or service to you. If you contact our customer support or speak with our sales representatives, we may record the conversation for training purposes and to enhance our service quality. If you are using our Services, whether through a paid subscription, a free trial, or a purchased service, we may ask for specific information such as your name, address, email address, and phone number. This information is necessary for us to fulfill our obligations under the terms of our Services. Additionally, we collect your payment details to process your subscription fee or purchase price. Customers may also input Personal Data of End-Users and other third parties into our Services, for example when processing a transaction. This Personal Data is collected and used in accordance with the customer’s privacy policy. B. Information Collected through Our Websites and Applications Technologies Used by Us For our Websites, applications, and Services, we utilize various technologies including cookies, web beacons, log data, and third-party analytics services (such as Google Analytics) to collect and analyze information about our website visitors, customers, and partners. Please refer to Google’s website for more information on how they process personal data through Google Analytics. Session Cookies We use “session” cookies to keep you logged into our Services, understand your interactions with our Services, and monitor aggregate usage and web traffic information. Persistent Cookies We use “persistent” cookies to recognize you each time you return to our Websites or Services. These cookies remember your preferences and help provide a consistent user experience if you have created an account. Tracking Technologies Web beacons, tags, and scripts may be used on our Websites, Services, emails, or other electronic communications. These technologies enable us to understand how our Websites and Services are used, track referral websites, and measure email engagements in order to improve our Services. Log Data Our servers automatically record information generated by your use of our Websites or Services (“Log Data”). Log Data may include your IP address, browser type, operating system, referring web page, web pages visited, location, mobile carrier, device type, search terms, and cookie information. We receive Log Data when you interact with our Websites or Services, such as visiting our Websites or signing into our Services. You have the option to delete or disable certain of these technologies through your browser settings. To opt out of Google Analytics analysis on our website and other websites, you can visit Google’s website.
C. Obtaining and Utilizing Personal Data from Third Parties
At times, we may acquire Personal Data about you from third parties, such as Facebook, Twitter, or Google. We use this information to enhance or remarket our Services, as well as to provide a more personalized experience for our users.

D. Collection of Personal Data about Customers, Visitors, and Partners in the Last 12 Months
The following are the categories of Personal Data that dispersión saas, S.A. has collected and continues to collect about Customers, Visitors, and Partners within the past twelve (12) months:

Category of Personal Data
Source of Collection
Purpose for Collection

Names

dispersión saas, S.A. Websites
To provide Visitors with requested information or demonstrations of the Services
Customer account creation process
To create a Customer’s dispersión saas, S.A. account
Standard use of the Services
To process transactions
Partner onboarding process
To manage a Partner’s relationship with dispersión saas, S.A.

Contact information (email address)

dispersión saas, S.A. Websites
To provide Visitors with requested information or demonstrations of the Services
Customer account creation process
To create a Customer’s dispersión saas, S.A. account
Standard use of the Services
To process transactions
Partner onboarding process
To manage a Partner’s relationship with dispersión saas, S.A.

Language

dispersión saas, S.A. Websites
To redirect Visitors to the appropriate version of dispersión saas, S.A.’s Website
Customer account creation process
To create a Customer’s dispersión saas, S.A. account

Date of birth

Customer account creation process
To create a Customer’s dispersión saas, S.A. account

Online identifiers, device identifiers

Cookies
To enhance user experience on dispersión saas, S.A.’s Websites and Services

Geolocation data

Standard use of the Services
To create a Client’s dispersión saas, S.A. Pickup locations

Government identification documents (e.g., social security numbers)

Customer account creation process
To create a Customer’s dispersión saas, S.A. Payments account

Financial information (Bank account details and/or credit card details)

Customer account creation process
To create a Customer’s dispersión saas, S.A. account
Partner onboarding process
To manage a Partner’s relationship with dispersión saas, S.A.

III. How We Use the Information We Collect

A. Purpose of Collecting Personal Data
At dispersión saas, S.A., we collect various categories of personal data from third parties such as Facebook and Google in order to enhance our services and provide a personalized experience. The personal data we collect includes names, contact information, language preferences, date of birth, call recordings, online identifiers, geolocation data, government identification documents, financial information, and credit details.

B. Use of Collected Personal Data
We use the personal data we collect for the following purposes:

Communication: We may send you communications or documents you have requested, such as offers, demonstrations, whitepapers, newsletters, and marketing materials. We may also contact you to address any questions or inquiries you have about our services or requested information.
Marketing and News: With your consent, we may communicate with you through email, telephone, text (SMS), postal services, social media, and websites to provide dispersión saas, S.A.-related news and inform you about services that may be of interest to you.
Customer Support: We use your personal data to manage our relationship with you and provide customer support.
Service Provision: We collect personal data to set up trial or regular accounts for our services and to provide our services to you.
Data Sharing: As part of our payments processing services, we may share reports and information with credit reporting agencies, credit bureaus, and other entities. We may also use third party databases and references provided by you to obtain or verify information about your financial circumstances, background, and to detect fraud.
Quality Assurance and Training: We may use personal data to provide training and ensure the quality of our services.
Payments: We process payments to us or remit payments to you using the collected personal data.
Website Optimization: We analyze your browsing behavior to better understand how you use our websites and optimize your experience.
Analysis and Research: We analyze your use of our services and other products and services offered by others to improve their effectiveness. This information helps us enhance the functionality of our websites and services.
Customization: We customize our services to optimize your experience and provide you with the most relevant information.
Eligibility Verification: We verify your eligibility and deliver prizes in connection with promotions, contests, and sweepstakes.
Additional Purposes: We may process your personal data for any additional purposes explicitly described to you at the time of collection and for which we receive your consent.
Disputes and Investigations: We may use your personal data in connection with a dispute or investigation involving you or a third party.
Security and Resilience: We use personal data to manage and protect the security and resilience of our systems, networks, and applications used to provide our websites and services.

Lawful Grounds for Processing (for individuals in the EEA or UK)
If you are a resident of the European Economic Area (EEA) or the United Kingdom (UK), we can only process your personal data if we have a lawful ground to do so. These grounds include:

Performance of a Contract: Processing necessary to comply with our obligations under an agreement we have with you, such as providing our services.
Consent: Processing based on freely given explicit consent that has not been revoked.
Legitimate Interests: Processing based on our legitimate interests, which are not outweighed by your fundamental rights or freedoms.
Legal Obligations: Processing required to fulfill legal obligations under EU or member state laws.
Vital Interests: Processing necessary to protect your vital interests in exceptional cases.

B. Disclosure of Personal Data
We only share your personal data in accordance with this Privacy Policy. Here are the circumstances in which we may share your personal data with third parties:

Affiliated Companies: As a global company with affiliates worldwide, dispersión saas, S.A. may share visitor, partner, and customer personal data with its affiliates. We ensure adequate protection for the transferred personal data when it is transferred outside the EEA or the UK.
Service Providers: We engage third-party service providers to help us administer, provide, and improve our services and websites. These service providers may include data storage solutions, data security tools, and information management services. We ensure an adequate level of protection for personal data transferred outside the EEA or the UK.
Integration Partners: Customers may choose to connect our services with integration partners for added functionality. By setting up these connections, certain information may be shared with these integration partners.
Linking Third Parties: If you arrive at our website through a third-party link, we may collect a unique code related to that third party. We may inform the linking third party if you become a customer or provide personal data to us. Any collection or use of your personal data by the linking third party is subject to their privacy policy.
Non-Personally Identifiable Information: We may use and disclose non-personally identifiable information collected, including cookie data and log data, to improve our services. This may include aggregated and de-identified personal data.
Social Network Sharing: When you use social network sharing functions in connection with our services, your sharing activity is processed through third-party sites or services governed by their privacy policies.
User-Generated Content and Feedback: Any personal data you include in user-generated content is visible to other visitors and customers. We are not responsible for how other users or third parties may use such personal data.
Protecting Ourselves and Customers: We may disclose personal data when necessary to comply with applicable laws, regulations, or legal requests, protect our rights or property, address fraud or security issues, or respond to emergencies involving immediate danger.
Sale or Merger: In the event of a merger, acquisition, sale, or insolvency of dispersión saas, S.A., personal data may be disclosed as part of the transaction or process.

Note: This summary provides an overview of the points discussed. For a detailed understanding, please refer to the full text of the Privacy Policy.

C. Disclosure of Personal Data Categories
We have disclosed the following categories of Personal Data within the last twelve (12) months, for valid business purposes outlined in this Privacy Policy:

First and last name
Contact information (email address)
Language
Date of birth
Geolocation data (excluding nationality)
Government identification documents (e.g. social security numbers)
Bank account details and other financial information

D. Sale of Personal Data (For individuals located in California only)
dispersión saas, S.A. does not sell Personal Data as defined by applicable laws. However, we may sell non-personally identifiable information derived from aggregated and identified Personal Data, provided it cannot be used to re-identify individual Visitors or Customers.

E. Automated Decision-Making and Profiling (For individuals located in EEA and UK only)
We do not engage in automated decision-making processes. However, we utilize Google Analytics for profiling purposes. For more information about our use of Google Analytics, please refer to section II.B. above.

IV. Protection of Personal Data
We consider your Personal Data to be private and confidential information, and we make every effort to ensure its protection and security at all times. However, please note that no method of transmitting or storing information is completely secure. While we strive to maintain the security of your information, we cannot guarantee absolute protection. In the event of unauthorized loss or disclosure of Personal Data, individuals may be at risk of harm, including identity theft and financial damage. We comply with applicable laws regarding data breach notification requirements and take steps to mitigate any residual risks to affected individuals.

A. Personal Data Storage Location
Your Personal Data may be stored on servers located in a different country from where you reside or conduct business. Please refer to our webpage for a list of service providers (sub-processors) and their respective locations. Your Personal Data may be subject to the local laws and regulations of the jurisdictions in which it is collected, used, disclosed, and/or stored, and may be accessed by governmental authorities and law enforcement agencies in those jurisdictions. When handling Personal Data of individuals from the EEA or the UK, we ensure an adequate level of protection for this data.

B. Retention of Personal Data
We retain your Personal Data for the duration necessary to deliver our Services. The retention period may be extended if required by applicable law or for business administration purposes. If you have the right to request deletion, we will delete your Personal Data upon receiving written instructions from you, unless there is a legal requirement to retain it. If deletion is not possible, we will de-identify the data or securely store it until deletion becomes feasible.

C. International Data Transfers
We may transfer and store the data we collect about you in countries outside the country where the data was originally collected, including the United States, Canada, or other destinations outside the European Economic Area (EEA) or the United Kingdom (UK). These countries may have different data protection laws than the country of origin. However, when transferring your data to other countries, we will protect it in accordance with this Privacy Policy and comply with applicable legal requirements for data transfers to countries outside the EEA or the UK. For individuals in the EEA or the UK, we will only transfer your personal data to countries that have received an adequacy decision from the European Commission or implement appropriate transfer mechanisms and safeguards, such as Standard Contractual Clauses or Data Processing Agreements, to ensure an adequate level of data protection.

EU-U.S. Data Privacy Framework
On July 10, 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework. dispersión saas, S.A. is certified under the Data Privacy Framework and complies with its requirements.

Accountability for Third Parties
We may transfer Personal Data to third parties for processing on our behalf. We ensure that such data is only processed for limited and specified purposes consistent with the purposes for which the Personal Data was collected or the consent provided by you. Any third-party processor will handle the data with a level of protection equivalent to our standards, including adherence to the data processing agreement executed with us for the transfer of Personal Data from the EEA, the UK, or Switzerland. We remain liable for any failure of the third party to comply with these standards, unless we can prove that we are not responsible.

Compliance dispersión saas, S.A. comply with the EU/U.S. Data Privacy Framework, the UK Extension to the EU/U.S. Data Privacy Framework, and the Swiss/U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the UK, and Switzerland to the United States. dispersión saas, S.A., have certified to the U.S. Department of Commerce that they adhere to the Data Privacy Framework Principles. If there is any conflict between the terms in this Privacy Policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit the Data Privacy Framework website.
Enforcement Authority The Federal Trade Commission has jurisdiction over the compliance of dispersión saas, with the EU/U.S. Data Privacy Framework, the UK Extension to the EU/U.S. Data Privacy Framework, and the Swiss/U.S. Data Privacy Framework.
V. Your Rights Regarding Your Personal Data
A. What Are Your Rights?

Right to Know: You have the right to know what personal data we have collected about you, and whether we have disclosed or sold this data to third parties.
Right to Access, Rectify, or Transfer: You can request access to your personal data and receive a copy of the data undergoing processing. If the data is incorrect or incomplete, you can ask us to correct or complete it. You also have the right to receive your data in a commonly used electronic format.
Right to Object to Processing: If we process your personal data based on legitimate interests, you can object to the processing. However, this may impact our ability to provide certain services to you, unless we have overriding legitimate grounds or the processing is necessary for legal claims.
Right to Deletion and Restriction: If there is no longer a reason for us to process your personal data or if there is no legal basis for processing it, you can request deletion. We will delete your information as soon as possible, but some data may remain in archived or backup copies as required by law. Alternatively, you can request the restriction of processing if the processing is unlawful or if there is a dispute about the accuracy of the data.
Right to Non-Discrimination: If you exercise your rights, we will not discriminate against you by denying goods or services, charging different prices, or providing different quality levels.
Right to Opt-Out of Personal Data Sale (California Residents Only): We currently do not sell personal data, but if we consider selling it in the future, you will have the right to opt-out and we will wait at least 12 months before seeking authorization to sell your data again.
Right to Lodge a Complaint (EEA & UK Residents Only): You have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal data violates GDPR regulations.

B. How to Invoke Your Rights:

Online Privacy Request: You can submit a request to exercise your data rights by email.
Phone Number: You can contact our Support agents by dialing 1-650-918-4401 to submit your request. Proof of identity may be required for verification purposes.

VI. Compliance with Canada’s Anti-Spam Law (CASL)
A. For Canadian Visitors and Customers: When you provide personal data, an existing business relationship is established under CASL. We may use your personal data to provide relevant information such as newsletters, event invitations, or updates about our services. While you have control over marketing communications, certain transactional, relationship, and legally required communications will not be affected. You can revoke consent and unsubscribe to electronic communications at any time.

B. Electronic Messages to Canadians: If you send commercial electronic messages to Canadian-based End-Users, you must obtain their express consent or comply with other legal requirements.

VII. General Matters
A. Changes to the Privacy Policy: We may update this Privacy Policy to reflect changes in our information practices. The updated version of the policy will become effective when we post it on our website. It is your responsibility to regularly review the policy and ensure your compliance. If you disagree with the changes, you should discontinue using our services.

B. Contacting us If you have any questions or suggestions regarding our Privacy Policy, please do not hesitate to contact us. Our Senior Legal Counsel, Privacy is our Privacy Officer in Quebec. You can email our Privacy Officer at the following addresses: LO@dispersión.com
C. Data Privacy Framework:Dispute Resolution If we are not able to resolve a complaint you have made in relation to our non-compliance with the Data Privacy Framework Principles, you have the right to refer your complaint to JAMS which we designated as our independent recourse mechanism. Mediation will be conducted pursuant to JAMS International Mediation Rules. If you wish to file a claim please be referred to JAMS’ website for more information.
If the independent dispute resolution has not resolved your complaint, you have the possibility, under certain conditions, to invoke binding arbitration. For more information about the process, we refer to Annex 1 to the Data Privacy Framework Principles.