Effective Date: January 22, 2019
- providing a series of examples that help illustrate how the policies may be implemented by Advocately and
- defining and capitalizing a few terms that are used more than once for simplicity and brevity.
When we refer to “Advocately”, we mean the Advocately entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.
Information We Collect And Receive
Advocately may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
- Customer Data. Customers or individuals granted access to a Account by a Customer (“Authorized Users”) routinely submit Customer Data to Advocately when using the Services.
- Other Information. Advocately also collects, generates and/or receives Other Information:
- Account and Account Information. To create or update a Account account, you or your Customer (e.g., your employer) supply Advocately with an email address, phone number, password, domain and/or similar account details. In addition, Customers that purchase a paid version of the Services provide Advocately (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
- Usage Information.
- Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Advocately logs the Accounts, contacts, features you interact with, and what Third Party Services are used (if any).
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
- Device information. Advocately collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
- Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Advocately may also collect location information from devices in accordance with the consent process provided by your device.
- Third Party Services. Customer can choose to permit or restrict Third Party Services for their Account. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Account. Once enabled, the provider of a Third Party Service may share certain information with Advocately. For example, if a cloud storage application is enabled to permit files to be imported to a Account, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Advocately to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Advocately. When a Third Party Service is enabled, Advocately is authorized to connect and access Other Information made available to Advocately in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
- Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.
- Third Party Data. Advocately may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
- Additional Information Provided to Advocately. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Advocately.
Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Account setup details, is not provided, we may be unable to provide the Services.
How We Use Information
Customer Data will be used by Advocately in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Advocately is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Account, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.
Advocately uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Advocately uses Other Information:
- To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request.
- As required by applicable law, legal process or regulation.
- To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Advocately. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. Advocately may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
- To investigate and help prevent security issues and abuse.
How We Share And Disclose Information
This section describes how Advocately may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Advocately does not control how they or any other third parties choose to share or disclose Information.
- Customer’s Instructions. Advocately will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
- Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Accounts. For example, an Authorized User’s email address may be displayed with their Account profile.
- Customer Access. Owners, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Account activity, or accessing or modifying your profile details.
- Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the subprocessors we use to support delivery of our Services is set forth at Advocately Subprocessors.
- Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Advocately may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Advocately and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
- Corporate Affiliates. Advocately may share Other Information with its corporate affiliates, parents and/or subsidiaries.
- During a Change to Advocately’s Business. If Advocately engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Advocately’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
- Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Advocately customer the average amount of reviews generated by a typical Account.
- To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how Advocately responds to requests to disclose data from government agencies and other sources.
- To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Advocately or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
- With Consent. Advocately may share Other Information with third parties when we have consent to do so.
Advocately takes security of data very seriously. Advocately works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, Advocately cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
To the extent prohibited by applicable law, Advocately does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information.
International Data Transfers Privacy Shield And Contractual Terms
Advocately may transfer your Personal Data to countries other than the one in which you live. We deploy the following safeguards if Advocately transfers Personal Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law:
- European Union Model Clauses. Advocately offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data. A copy of our standard data processing addendum, incorporating Model Clauses, is available here. https://advocate.ly/data-processing
Data Protection Officer
To communicate with our Data Protection Officer, please email email@example.com.
Identifying The Data Controller And Processor
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Advocately is the processor of Customer Data and the controller of Other Information. Different Advocately entities provide the Services in different parts of the world. Advocately Limited, an Irish company based in Dublin, Ireland, is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Accounts established for Customers outside of the U.S. and Canada. Advocately, Inc., a US company based in San Francisco, California is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Accounts established for Customers in the US and Canada.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact Customer for additional access and assistance.
To the extent that Advocately’s processing of your Personal Data is subject to the General Data Protection Regulation, Advocately relies on its legitimate interests, described above, to process your data. Advocately may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Advocately’s use of your Personal Data for this purpose at any time.
Data Protection Authority
Subject to applicable law, you also have the right to (i) restrict Advocately’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Irish Data Protection Commissioner, which is Advocately’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
2711 Centerville Road, Suite 400 Wilmington, DE, 19808