SaaS Service Privacy Policy

We respect the importance of your Personal Data. This Black Swan SaaS Service privacy policy (Privacy Policy) applies to your personal information or personal data (Personal Data) that we collect through or in connection with the operation of the SaaS online services we operate (the Service).  We want you to understand our Privacy Policy and, specifically, what information we gather in connection with the Service, how that information is used, with whom we share that information and what we do to protect it.  We’re accountable for the protection of your Personal Data under our control and are committed to following this Privacy Policy and complying with the law.  This Privacy Policy is not a contract between us and you.

In this Privacy Policy, Black Swan, we, us or our means Black Swan Data Ltd, based in London, England, and you or your means a person who accesses or uses the Service (other capitalized terms used in this Privacy Policy but not defined here have the meaning provided in the SaaS Terms of Service).

What Categories Of Information Do We Collect? 

We collect information in order to provide the Service.  Examples of types of information include:

  • Personal Data Personal Data is any information that is related to an identified or identifiable natural person, such as a name, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.  We use the broadest definition under applicable law.
  • Sensitive Personal Data Sensitive Personal Data is Personal Data that reveals genetic, biometric and health data, as well as personal data revealing racial and ethnic origin, political opinions, religious or ideological convictions, or trade union membership.  We do not knowingly collect Sensitive Personal Data in connection with your use of the Service.
  • Contact Information.  Contact Information is your name and email address and any other contact information that you, or the Subscriber that authorizes your access, provide us with in connection with creating or updating your Account.
  • Payment Information.  Payment Information is any credit card, debit card, or related banking information you provide us with to pay for the Service. 
  • Network and Device Information.  We collect information about your device and information that is necessary to provide you with the Service, such as a session ID token, source and destination addressing information, IP address, MAC address, the software you are using, and related device and network information.
  • Feedback Information.  You may volunteer, or we may ask for, information on your experience using the Service.  At no time are you obliged to provide such information.  Feedback Information includes comments, complaints, requests, suggestions, or feedback sent by you to us regarding the Service.
  • User Data.  User Data is all information and data that is not Personal Data that you access, send, receive, or generate when using the Service.
  • Location Data.  We may collect data regarding your location while you are using the Service (more specifically, the location of the device that is accessing the Service).

Persons under 18 Years of Age.

The Service is not directed towards persons under 18 years of age and we do not intentionally or knowingly collect Personal Data from persons under 18 years of age.  In the unlikely event you allow a person under 18 years of age to use the Service, be aware that their information could be collected as described in this Privacy Policy and any Personal Data associated with their use will be treated as your own information under this Privacy Policy.  Alternatively, you may contact us to have any such Personal Data deleted.

How Do We Collect Information? 

We may collect information about you in a number of different ways, including:

  • when you access the Service
  • what you provide to us in connection with setting up an Account
  • from communications between you and us
  • from public sources
  • from the Subscriber that authorizes your access
  • from our Affiliates, resellers, and channel partners
  • automatically in connection with your use of your device and the Service
  • from our service providers

Collection of certain information is essential to the operation of the Service and to respond to you or troubleshoot issues.  Except where we are not required to do so under applicable law, we will obtain your consent before we collect other Personal Data.

How Do We Use This Information? 

We may use the following information as described below:

  • Your Personal Data We do not sell your Personal Data to third parties.  Your Personal Data is only used and disclosed in connection with the operation of the Service, including to provide access to the Sevrice, verify your identity, answer questions about your Account, troubleshoot problems, customize, measure and improve the Service, Features, and Datasets, inform you about updates and changes to the Service, seek feedback, compare information for accuracy, process payments, and enforce the SaaS Terms.  If you are a User, we share your Personal Data with the Subscriber that authorizes your access, and we and/or the Subscriber may use your Personal Data to personalize or propose Service and/or for internal purposes, such as auditing, usage analysis, and research to improve the Service, Features, and Datasets, and for communications.
    When you use the Service, you give us your informed consent to collect, use, and disclose your Personal Data in accordance with this Privacy Policy.  Except where we are not required to do so under applicable law, we will notify you and obtain your consent before we disclose or use your Personal Data in any other way.
  • User Data.  User Data that is associated with your Personal Data is only used and disclosed in connection with the operation of the Service, including to troubleshoot problems, customize, seek feedback, data analysis, and research to measure and improve the Service, Features, and Datasets, user communications, and enforce the SaaS Terms.  User Data associated with your Personal Data will not otherwise be shared with third parties other than the Subscriber.  User Data that is not associated with your Personal Data is treated as De-Personalized Information, see below.
  • Contact Information.  Contact Information is used to to verify, process, and charge for the Service, Features, and Datasets, and contact you regarding the Service.  Contact Information will shared with our service providers only as necessary to operate the Service. 
  • Payment Information.  Payment Information, if provided, is used to verify, process and charge for the Service.  Payment Information will be shared with our service providers only as necessary to process payment and operate the Service.
  • Network and Device Information.  Network and Device Information is used and disclosed in connection with the operation of the Service, including to troubleshoot problems, customize, and data analysis, and research to measure and improve the Service, Features, and Datasets, and enforce the SaaS Terms. 
  • Feedback Information.  We can use Feedback Information in any manner and for any purpose without any obligation to account for such use or to compensate you for it.  We reserve the right to utilize Feedback Information, on an anonymous basis, for marketing purposes, for instance by displaying selected comments on the Website, in marketing materials, or in other communications.  We will not disclose any personally identifiable feedback information to third parties (other than to the Subscriber or third parties who are involved in providing the Service where such feedback relates to those providers) without your consent.
  • Passive Information.  Passive Information is informaiton that is automatically generated in connection with your use of the Service.  We only use Passive Information, on an aggregated basis, to provide you with better service or for statistical information.
  • Location Data.  We location data to to troubleshoot problems, customize, seek feedback, data analysis, and research to measure and improve the Service, Features, and Datasets, for communications, and to enforce the SaaS Terms.
  • De-Personalized Information.  We collect information of any type, anonymize that information, and use alone or with similar anonymized information obtained from other Users (De-Personalized Information).  No Personal Data will be included in any De-Personalized Information.  We can disclose De-Personalized Information to any third party and use it for any purpose we deem appropriate in our sole discretion.
  • Other Parties’ Ability to Collect Personal Data.  We do not authorize any third parties to collect Personal Data about a User’s activities over time and across different sites when a user visitteh Website or accesses the Service.

You agree that we can, subject to applicable law, use your Personal Data to operate the Service (including sharing your Personal Data with our Affiliates, resellers, channel partners, service providers, and/or agents; conduct analysis and research; prevent fraud or misuse; protect our rights or property or the safety of you or others; and send you communications regarding events you have signed up for, information you have requested, or other requests you have made, or for reasonably relevant things we believe you might find to be of interest (see Marketing below).  We may also disclose Personal Data if we believe in good faith that we are required to do so by law, or that doing so is necessary to comply with legal process, respond to requests from law enforcement or governmental agencies, to respond to claims, or to protect our rights.

Your Personal Data is stored and processed in the countries in which we or our Affiliates or service providers maintain facilities.  We reserve the right to transfer and store your Personal Data outside the country in which you reside. 

As we continue to develop our business, we might sell or buy subsidiaries or business units.  In such transactions, as well as in the event we or substantially all of our assets are acquired by a third party, your Personal Data, User Data, and other information will generally be one of the transferred business assets.  We reserve the right to include your Personal Data, User Data, and other information, collected as assets, in any such transfer to a third party.  Additionally, your Personal Data, User Data, and other information could be disclosed as part of a bankruptcy involving us.

Marketing

If you opted-in to receive marketing communications from us, from time to time we may send you information about Black Swan news, events, reports, and services of ours that we think you might find to be of interest.  You have the right at any time to stop us from contacting you for marketing purposes.  If you no longer wish to be contacted for marketing purposes, please click the unsubscribe link in the marketing email we sent you or send a request to DPO@blackswan.com asking to be unsubscribed  

What Are Your Data Protection Rights?

We would like to make sure you are fully aware of your data protection rights.  Every User of the Service or person visiting our Website is entitled to the following:

  • The right to access - You have the right to request copies of your Personal Data that we have.  We may charge you a small fee for this service.
  • The right to rectification - You have the right to request that we correct any information you believe is inaccurate.  You also have the right to request us to complete information you believe is incomplete. 
  • The right to erasure - You have the right to request that we erase your Personal Data under certain conditions.  However, if you are a User, the Service cannot operate without certain Personal Data and removal of such Personal Data may result in the termination of your Account or inability to access and use the Service.
  • The right to restrict processing - You have the right to request that we restrict the processing of your Personal Data under certain conditions.  However, if you are a User, the Service cannot operate without processing certain Personal Data and restricting this ability may result in the termination of your Account or inability to access and use the Service.
  • The right to object to processing - You have the right to object to our processing of your Personal Data under certain conditions.  However, if you are a User, the Service cannot operate without processing certain Personal Data and objecting to this may result in the termination of your Account or inability to access and use the Service.
  • The right to data portability - You have the right to request that we transfer the Personal Data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you.  If you would like to exercise any of these rights, please contact us at DPO@blackswan.com or by snail mail at Black Swan Data Ltd, Attn:  Data Protection Officer, 15th Floor, WeWork Building, 10 York Rd, London, SE1 7ND England.

What Categories Of Third Parties Do We Share Your Personal Data? 

The categories of third parties with whom we may share your Personal Data, depending on the situation, include the Subscriber, and to our service providers to the extent such disclosure is necessary to operate the Service. 

Consent For Electronic Communications. 

We use Contact Information to communicate with you regarding the Service.  By providing Contact Information, you consent to receive such communications at such e-mail address and/or telephone number.

What Are Cookies And How Do We Use Them? 

Cookies are pieces of information that are transferred to your computer or mobile device through a browser.  For further information, visit www.allaboutcookies.org.  We use cookies to collect and store certain information.  We may use both session cookies (which expire when you close your web browser) and persistent cookies (which stay on your device until you delete them).

We use cookies so that we can identify the device being used and to reestablish service (auto-log-in).  Cookies also enable us to gain information about your use of the Service and to enhance it to meet your preferences.  These cookies persist until you delete them.  We do not use web beacons.  The Help option on the toolbar of most browsers will tell you how to prevent or limit the browser from accepting cookies, how to have the browser notify you when you receive a cookie, or how to disable cookies altogether. 

It is possible that you may be able to access third party websites, online services, or applications from within the Service.  The use of cookies, web beacons, or similar technologies on such other websites, online services, or applications is subject to any applicable privacy policies that they may have, not this Privacy Policy.

How We Treat “Do Not Track” Or Similar Signals. 

Some browsers provide you with “do not track” options.  Because there is not yet a common understanding of how to interpret the “do not track” signal, we do not currently respond to the browser “do not track” signals when you use the Service.

How Your Personal Data Is Protected.  

We take physical, organizational, and technical measures to protect the Personal Data you provide to us.  We cannot guarantee the absolute security of our database, nor can we guarantee that any information supplied will not be intercepted while being transmitted over wireless networks or the Internet.  An important aspect of protecting your Personal Data is the strength and security of your password.  If you believe your password might have been compromised, change it immediately.

How Long Is Personal Data Kept? 

We will retain your Personal Data only for as long as is necessary to operate the Service; maintain records until they cannot be lawfully challenged and legal proceedings may no longer be pursued; carry out marketing activities; comply with applicable law, regulatory requests, and relevant orders from government authorities; and enforce or fulfill any of the other purposes detailed in, the SaaS Terms.

For California Residents:  Your California Privacy Rights.

California Civil Code Section 1798 entitles California customers to request information concerning whether a business has disclosed Personal Data to any third parties for the third parties’ direct marketing purposes.  As stated in this Privacy Policy, we will not sell or share your Personal Data with non-affiliated companies, other than, where applicable, the Subscriber, for their direct marketing purposes without your consent.  California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in How Can We Be Contacted below.

Can This Privacy Policy Be Modified?  

We reserve the right to modify this Privacy Policy at any time.  Use of the Service after we have published a modified Privacy Policy constitutes acceptance of such modified Privacy Policy. 

How We Notify You Of Modifications. 

We will publish the modified Privacy Policy within the Service.  The modified Privacy Policy becomes effective upon publishing.  If the modifications are material, we will provide more prominent notice as appropriate under the circumstances (for example, for a period of time following publication the icon or link to the Privacy Policy may be highlighted or include the word such as “modified,” “revised,” “updated” or similar). 

How Can We Be Contacted?  By email at DPO@blackswan.com or by snail mail at:  Black Swan Data Ltd, Attn:  Data Protection Officer, 15th Floor, WeWork Building, 10 York Rd, London, SE1 7ND England.

How to contact the appropriate authority?

Should you wish to report a complaint or if you feel that we have not addressed your concern regarding privacyin a satisfactory manner, you may contact the U.K. Information Commissioner’s Office (ico) at https://ico.org.uk/global/contact-us/

Black Swan’s Data Protection Registration Number with the ico is ZA119730.

 

Last revised:  05 June 2020  © 2020 Black Swan Data Ltd.  All rights reserved.