1) DEFINITIONS: Capitalized words have the same meanings as in the Skubana Terms and Conditions.
- b) You understand and agree that if You disclose Your personal or commercial information to Us, We may create a database record about You in connection with the Service;
- c) You understand and agree that We may collect information necessary to provide You with the Service, and You agree that this information may be disclosed to service partners (who may be third parties) for those purposes;
- e) You understand and agree that We may contact You with information about products and services that may be of interest to You, in accordance with Our opt-in/opt-out policy; and
3) What information is collected and how do We use it? Skubana will not collect or monitor any personal or commercial information about You without Your consent. The only personal or commercial information We collect is what You provide Us or input in the course of Your use of the Service. If, after agreeing to allow Us to use Your information for a particular purpose, You decide that You do not want Your information to be used in that manner, You must contact Us by e-mail at firstname.lastname@example.org or log on to the Service and change Your preferences. Skubana collects information from You at several different points in Your use of the Service:
- a) New Account Registration
- i) What information is collected?
(1) When You register for an account with Skubana, You will be asked to create a login name and password, as well as to provide Your contact and company information, such as Your name, title and email address.
(2) When You use the Service, You may input information into the System, such as order, inventory, customer and warehouse management information.
(3) You may also be asked to provide billing information, such as Your credit card type, card number, expiration date, security code and billing address.
- ii) We collect the above information for the following purposes:
(1) To identify You when You use the Service in order to customize and personalize Your experience.
(2) We may use aggregated data collected from users of the Service in order to monitor and improve the Service. We may also provide such aggregated data to other parties. Any such uses will not disclose or allow for the discovery of any non-aggregated information.
(3) To maintain the security of the Service.
(4) To prepare and send invoices to You for Your use of the Service.
(5) To prevent credit card fraud.
(6) To contact You when necessary in connection with Your use of the Service.
(7) To send You periodical updates, product/service information and/or newsletters, if You have signed up to receive them.
- b) Use of Service
- i) What information is collected?
- ii) Session information such as IP (Internet Protocol) addresses, browser types and operating systems.
- iv) Why do We collect it?
(1) Session information is used to troubleshoot technical issues and improve site usability.
(2) Cookies are used to identify You when You use the Service, and potentially avoid repeated entry of usernames or passwords.
(3) Aggregated user data may be used to collected from cookies Skubana may be able to make improvements to Our site based on the aggregated usage statistics collected from cookies. These aggregated usage statistics are anonymous to third parties.
- c) Customer Contact
- i) What information is collected? If You contact Skubana by telephone, email or otherwise, the details of Your contact, Your contact information and Your comments may be kept on record.
- ii) Why do We collect it?
(1) To learn how to improve the Service.
(2) To follow up on Your feedback by corresponding with You.
(3) To send You information about products and services that may be of interest to You (subject to Our opt-in/opt-out policy).
- d) Online Surveys
- i) What information is collected?
- ii) Why do We collect it?
(1) To learn from how to improve the Service.
(2) To send You information about products and services that may be of interest to You.
iii) Who do We share Your information with? We do not share personal or commercial information with anyone outside of Skubana unless one of the following circumstances applies:
(1) With Your consent. We may share Your personal or commercial information with companies, organizations or individuals outside of Skubana when We have Your specific consent to do so.
(2) With account managers. If Your Skubana account is managed for You by a Skubana employee representative, such as an account manager, then that person will have access to Your Skubana account information. Your Skubana employee representative may be able to:
(a) View statistics regarding Your account, such as statistics regarding information uploaded to the Systems, or apps that are connected to the Systems.
(b) change Your account password.
(c) suspend or terminate Your account access.
(d) access or retain information stored as part of Your account.
(e) receive Your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
(f) restrict Your ability to delete or edit information or privacy settings.
(g) For external processing
5) We may share aggregated, non-personally identifiable information publicly and with Our partners – like integrated and strategic partners, customers, vendors or connected sites. For example, We may share information publicly to show trends about the general use of Our services.
6) Processing of information on the Service and the transmission of messages between You and Skubana relating to the Service, including Your account related data, may involve transmissions, processing or storage via various third-party networks or systems (which may or may not be secure) and to various countries outside of the United States.
7) For legal reasons. We may share Your personal information with companies, organizations or individuals outside of Skubana if We have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- a) meet any applicable law, regulation, legal process or enforceable governmental request.
- b) enforce applicable terms of service, including investigation of potential violations.
- c) detect, prevent, or otherwise address fraud, security or technical issues.
- d) protect against harm to the rights, property or safety of Skubana, Our users or the public as required or permitted by law.
9) Links may be present on the Service that result in You leaving the Service and being taken to services or web sites controlled by other parties. Any information that You provide to such third party services or web sites are not subject to this Skubana Privacy Privacy, and We strongly recommend that You make Yourself aware of the privacy and security policies of all third party services or web sites that You access.
10) You have control over Your information!
- i) If You are a paying subscriber to the Service, You consent to receive information from Skubana, which may include newsletters, product information and service offers by email. You may opt out of receiving such information at any time.
- ii) If You are not a paying subscriber to the Service, We will not send You any information without Your prior consent. You may opt in to receipt of additional information, or opt out of receipt of information, at any time.
- b) Notwithstanding the foregoing, You may not opt out of receiving invoices or other information important to the operation of the Service or Your account, at the sole discretion of Skubana.
- c) All opt-in and opt-out requests may take up to several days to implement.
11) Accessing Your information and retention of information
- a) You may at any time access and change Your account or personal information or subscribed services. You can easily access Your personal information if You log in to Your account with Skubana, or You can follow the links that may be provided within Our emails to You to manage Your preferences. Although We will take reasonable steps to keep Your information accurate, complete and up-to-date, We request that You keep Your information as current as possible so that We may continue to improve the Service.
- b) We will only withhold Your access to such information in extremely limited circumstances where it is permitted and/or required by law, such as where it might create a dangerous situation, compromise an investigation or court proceeding, compromise Skubana’s business efforts, or improperly disclose the personal information of another.
- c) Skubana may (but is not obliged to) retain Your information for periods of time, at Skubana’s sole discretion.
13) Information security
- a) Skubana has implemented technology and security features to safeguard the privacy of Your personal information. A secure server protects Your personal information. Additionally, with Skubana, You can be assured that the information You provide to Skubana is transmitted using Secure Socket Layer (SSL) encryption. If You become aware of any security breach, please let Us know as soon as possible.
- b) We have internal procedures in place requiring Our employees and data processors to respect the confidentiality of any personal or commercial information held by Skubana. We restrict access to customers’ personal and commercial information to Skubana employees, contractors and agents who need to know that information in order to process it in connection with the Service, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
- c) Skubana will endeavor to take all reasonable steps to keep secure any information that We hold about You. Your information is stored on secure servers that are protected in controlled facilities. Skubana will not be held responsible for events arising from third parties gaining unauthorized access to Your personal information, or people with access exceeding their authority.
- d) Please note also that Skubana may use overseas facilities to process or back up its information. As a result, We may transfer and store Your personal information in such overseas facilities. However, this does not change any of Our commitments to safeguard Your privacy.
14) Keep Your password safe
- a) You can play Your part in safeguarding Your personal information by never disclosing Your login name, password or account information to anybody. Whenever You log in to the Service, particularly on somebody else’s computer or on public computers, You should always log out at the end of Your session. Your assistance will help Us protect the privacy of Your personal information.
- b) Skubana cannot be held responsible for lapses in security caused by third party access to information as a result of Your failure to keep Your personal, commercial or security information private. Please notify Us immediately if there is any unauthorized use of Your account by any other Internet user or any other breach of security.
1.1. Data Protection Legislation: the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
- DATA PROTECTION
2.1. You and Skubana will comply with all applicable requirements of the Data Protection Legislation. This clause 2.1 is in addition to, and does not relieve, remove or replace, Your or Skubana’s obligations under the Data Protection Legislation.
2.2. You and Skubana acknowledge that for the purposes of the Data Protection Legislation, You are the data controller and Skubana is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule A sets out the scope, nature and purpose of processing by Skubana, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
2.3. Without prejudice to the generality of clause 2.1, You will ensure that You have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Skubana for the duration and purposes of this agreement.
2.4. Without prejudice to the generality of clause 2.1, Skubana shall, in relation to any Personal Data processed in connection with the performance by Skubana of its obligations under this agreement:
2.4.1. process that Personal Data only on Your written instructions unless Skubana is required by Applicable Laws to otherwise process that Personal Data. Where Skubana is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, Skubana shall promptly notify You of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Skubana from so notifying You;
2.4.2. ensure that it has in place appropriate technical and organizational measures, reviewed and approved by You, to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
2.4.3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
2.4.4. not transfer any Personal Data from within the European Economic Area to outside of the European Economic Area unless Your prior written consent has been obtained and the following conditions are fulfilled:
126.96.36.199. You or Skubana has provided appropriate safeguards in relation to the transfer;
188.8.131.52. the data subject has enforceable rights and effective legal remedies;
184.108.40.206. Skubana complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
220.127.116.11. Skubana complies with reasonable instructions notified to it in advance by You with respect to the processing of the Personal Data;
2.4.5. assist You, at Your cost, in responding to any request from a Data Subject and in ensuring compliance with Your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
2.4.6. notify You without undue delay on becoming aware of a Personal Data breach;
2.4.7. at Your written direction, overwrite Personal Data and copies thereof on termination of the agreement unless required by Applicable Law to store the Personal Data; and
2.4.8. maintain complete and accurate records and information to demonstrate its compliance with this clause 2.4 and allow for audits of compliance with this clause 2.4 by You or Your designated auditor.
2.5. You do not consent to Skubana appointing any third party processor of Personal Data under this agreement.
2.6. Either Skubana or You may, at any time on not less than 30 days’ notice, revise this clause 2.6 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
- CURRENT PRACTICES: Without limiting the foregoing, Skubana represents, and You confirm that you are aware of and approve of, each of the following:
3.1. Skubana does not collect Personal Data from individuals, but rather Skubana’s client collect Personal Data from their customers, and turn the collected data over to Skubana in the United States;
3.2. Skubana does not collect any Personal Data in the European Economic Area;
3.3. Skubana does not store any Personal Data in the European Economic Area;
3.4. Skubana does not transfer any Personal Data from within the European Economic Area to outside the European Economic Area;
3.5. Skubana does not rely on laws of a member of the European Union or European Union law as the basis for processing Personal Data; and
3.6. Skubana uses Amazon Web Services to host Your data, and You confirm that this satisfies Section 2.4.2 above.
- CALIFORNIA PRIVACY RIGHTS
1.1. The following section pertains to the rights of individuals or households in California (“California consumers”).
- CIVIL CODE SECTION 1798.83
2.1. Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
- RIGHTS UNDER THE CCPA
3.1. After January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) will provide California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.
3.2. Under the CCPA, qualifying California consumers may have the following rights: Right to Know and Right to Delete.
3.2.1 A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information. When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
- RIGHTS FOR DISCLOSURE OF INFORMATION
4.1. A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.
4.2. Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ account with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.
4.3. In the event that we receive requests from a California consumer who has a relationship with a you (for example, from an employee or client of a customer), we will inform you.
- SUBMITTING REQUESTS
5.1. If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows:
- VERIFYING REQUESTS
6.1. If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.
6.2. In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, e-mail address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than outline above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.
- CALIFORNIA DO NOT TRACK DISCLOSURES
7.1. Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
PROCESSING, PERSONAL DATA AND DATA SUBJECTS
- PROCESSING BY SKUBANA
1.1. SCOPE: Skubana receives information from each of its clients regarding the client’s retail customers and purchases
1.2. NATURE: Skubana organizes the foregoing categories of information into its software system as directed by each Skubana client, and provides each Skubana client access to its specific information, as directed by that Skubana client
1.3. PURPOSE OF PROCESSING: Skubana organizes the foregoing categories of information for each Skubana client in order to provide access to the information to each such Skubana client
1.4. DURATION OF THE PROCESSING: Skubana maintains the foregoing categories of information for each Skubana client in accordance with that Skubana client’s instructions.
- TYPES OF PERSONAL DATA: Skubana receives the following categories of information from its clients: retail customers’ names, email addresses and telephone numbers specific to each Skubana client
- CATEGORIES OF DATA SUBJECT: Skubana receives information regarding individual retail customers of Skubana’s clients
- CONFIDENTIALITY: Skubana maintains strict confidentiality in connection with all of its clients’ data