Last modified: 2 March 2023
1. GENERAL
This Privacy Policy describes how Edgefolio and its affiliated companies (collectively, “Edgefolio”, “we”, “our” or “us”) collects, stores, uses and discloses the following categories of personal data:
(a) Customer Data: personal data that we collect, process and manage on behalf of our business customers (each, a “Customer” and collectively, “Customers”), as part of Edgefolio products and services described on one or more applicable order forms (“Platform Products and Services”). We process such Customer Data on behalf of and under the instruction of the relevant Customer in accordance with our contractual agreement with that Customer. Note that this Privacy Policy (which describes Edgefolio’s privacy and data processing practices) does not apply to the privacy and data processing practices of our Customers; to learn about the privacy policy and practices of our Customers, please contact them directly;
(b) User Data: personal data concerning individuals acting on behalf of our Customers in respect of their engagement with Edgefolio and users of Platform Products and Services on behalf of such Customers, e.g., the account administrators and users, billing contacts and authorised signatories on behalf of the Customer (collectively, “Users”); as well as the Customer’s business needs and preferences, as identified to us or recognised through our engagement with them;
(c) Prospect Data: data relating to visitors to our website, participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our website, online ads and content, emails, integrations or communications under our control (the “Sites”, and collectively with the Platform Products and Services, the “Services”).
If you are a Customer, User or Prospect, please read this Privacy Policy carefully and make sure that you fully understand it.
Our Services are designed for businesses and are not intended for personal or domestic use. Accordingly, we treat all personal data covered by this Privacy Policy, including information about any visitors to our Sites, as pertaining to individuals acting as business representatives, rather than in their personal capacity.
You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (as defined below), please do not provide it to us and avoid any interaction with us or with our Sites or use our Services.
2. DATA COLLECTION AND PROCESSING
When we use the terms “personal data” or “personal information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual. The personal data we collect depends on how you interact with us, the Services you use, and the choices you make.
Sometimes we collect personal data automatically when an individual interacts with our Services and sometimes we collect personal data directly from an individual. At times, we may collect personal data about an individual from other sources and third parties (such as our Customers and Service Providers), even before our first direct interaction. We may collect or generate the following types of personal data about individuals through the Services:
(a) usage, login credentials, and device information concerning Users and Prospects (including connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilised on their devices, and inferred or presumed data generated from their use of the Services);
(b) information concerning our Customers, Users and Prospects contact and business details, such as name, email, phone number, position, workplace and related business insights, our communications with such individuals (including correspondences, sensory information (including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement);
(c) personal data contained in Customer Data which is provided by our Customers or processed on their behalf and under their instruction. This may include any of the types of personal data described above with respect to Users or other individuals whose data is contained in the Customer Data in accordance with our contractual agreements with such Customers.
3. DATA USES
We use personal data as necessary for the performance of our Services (“Contract Performance”), to comply with our legal and contractual obligations (“Legal and Contractual Compliance”), and to support our legitimate interests in maintaining and improving our Services, e.g., in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently, in marketing, advertising and selling our Services, providing customer service and technical support and protecting and securing our Customers, Users, Prospects, ourselves and our Services (“Legitimate Interests”).
If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Services, or due to the nature of such processing) (“Consent”), your acceptance of the terms and conditions applicable to your subscription to the Services and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at: support@edgefolio.com.Specifically, we use personal data for the following purposes (and in reliance on the legal bases for processing noted next to them, as appropriate):
(a) Customer and User personal data
(i) to facilitate, operate, enhance, and provide our Services (Contract Performance; Legitimate Interests);
(ii) to provide our Customers and Users with assistance and support, to test and monitor the Services, or diagnose or fix technology problems, and to train our Customers and Customer-facing staff (Contract Performance; Legitimate Interests);
(iii) to personalise our Services, including by recognising an individual and remembering their information when they return to our Services, and to provide further localisation and personalisation capabilities to make our Services easier to use (Contract Performance; Legitimate Interests);
(iv) to facilitate and optimise our marketing campaigns, advertising management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioural and interests-based advertising based on your activity, preferences or other data available to us or to our business partners (Legitimate Interests; Consent);
(v) to facilitate, sponsor and offer certain events, contests and promotions (Legitimate Interests);
(b) Customer, User and Prospect personal data
(i) to gain a better understanding of how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ user experience and the value they can generate from using the Services, so we can continue improving our products, offerings and the overall performance of our Services, including through the utilisation and optimisation of artificial intelligence and machine learning capabilities (Legitimate Interests);
(ii) to contact our Customers, Users and Prospects with general or personalised service-related messages, as well as promotional messages that may be of specific interest to them (Contract Performance; Legitimate Interests; Consent);
(iii) to support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal, criminal or prohibited activity (Contract Performance; Legitimate Interests; Legal and Contractual Compliance);
(iv) to create aggregated statistical data, inferred non-personal data, or anonymised or pseudonymised data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose (Legitimate Interests);
(v) to enforce terms and conditions of our contracts, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties (Legitimate Interests);
(vi) to comply with our contractual and legal obligations and applicable laws, regulations and standards (Contract Performance; Legitimate Interests; Legal and Contractual Compliance); and
(vii) for any other lawful purpose or other purpose to which you consent (Legal and Contractual Compliance; Consent).
4. DATA LOCATION
We and our authorised Service Providers (as defined below) do or may maintain, store and process personal data in Europe, the United States of America and other locations, as reasonably necessary for the proper performance and delivery of our Services or as may be required by law. While privacy laws may vary between jurisdictions, Edgefolio is committed to protecting personal data in accordance with this Privacy Policy and customary industry standards, and its legal and contractual obligations as regards adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
Edgefolio is headquartered in the United Kingdom (“UK”), a jurisdiction which is considered by the European Commission and UK legal and regulatory authorities to be offering an adequate level of protection for the personal data of residents of the UK and the European Economic Area (“EEA”), respectively. We transfer or may transfer data between the UK and EEA on this basis. For data transfers from the UK and the EEA to countries which are not considered to be offering an adequate level of data protection, we and any relevant data exporters and importers will enter into Standard Contractual Clauses as approved by the UK Information Commissioner’s Office (ICO) and the European Commission (as applicable).
5. DATA RETENTION
We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings in order to comply with our legal and contractual obligations, and to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of such personal data, the purposes for which we process such personal data and the applicable legal requirements. If you have any questions about our data retention policy, please contact us by e-mail to: support@edgefolio.com.
6. DATA DISCLOSURE
We disclose personal data in the following ways:
(a) Service Providers: we may engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks, data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimisation and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). Our Service Providers may have access to personal information, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them;
(b) Partnerships: we engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our Customers, Users and Prospects. In such instances, we may share relevant contact, business and usage details with the relevant partner to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Edgefolio is beyond the scope of Edgefolio’s contractual obligations and Privacy Policy, and may therefore be covered by the partner’s terms and privacy policy;
(c) Service Integrations: you may choose to use a third-party service to integrate with our Services, for example, in order to upload or retrieve personal data to or from the Services, or to enrich the data you have processed on either service or enhance your usage thereof (provided that such integration is supported by our Services). The provider of this integrated third-party service may receive certain relevant data about or from your account on the Services or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. This could include your Customer Data and/or User Data. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key in order to integrate with them);
(d) Event Sponsors: if you attend an event or webinar organised by us or download or access an asset on our Sites related to such an event, webinar or other activity involving third-party sponsors or presenters, we may share your personal data with them. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsors’ privacy statements. If you do not wish for your personal data to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section 10 below;
(e) Business Customers: our Customers have access to any personal data we process on their behalf in our capacity as a “processor” or a “service provider”;
(f) Legal Compliance: we may disclose or allow government and law enforcement officials access to your personal data in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (i) we are legally compelled to do so; (ii) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (iii) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services;
(g) Protecting Rights and Safety: we may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Edgefolio, any of our Users or Customers, or any members of the general public;
(h) Edgefolio Subsidiaries and Affiliated Companies: we may share personal data internally within our group of companies and affiliates for the purposes described in this Privacy Policy. In addition, should Edgefolio or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third party during negotiation of, in connection with or as an asset, in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.
For the avoidance of doubt, Edgefolio may share personal data in additional ways, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
7. COOKIES AND DATA COLLECTION TECHNOLOGIES
We and our Service Providers use cookies, pixels and other technologies to enable and improve the Services we provide to track the performance of our Sites, perform analytics and gain insights on the use of our Services and the performance of our activities, and for personalisation purposes.
Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.
We use “Persistent Cookies” to remember your log-in details and make it easier for you to log-in the next time you access the Platform Products and Services. We may use Persistent Cookies and Session Cookies for additional purposes to facilitate the use of the Services’ features and tools.
8. COMMUNICATIONS
We engage in service and promotional communications, through e-mail, phone, SMS and notifications in the following ways:
(a) Service Communications: we may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. If you are registered as a User to our Services, you can typically control your communications and notifications settings from your profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use of our Services (like password resets or billing notices);
(b) Promotional Communications: we may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable as our Customer, User or Prospect. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify Edgefolio at any time by e-mail to: support@edgefolio.com, changing your communications preferences in your profile settings whilst being logged as a User to our Services, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
9. Data Security
We implement systems, applications and procedures designed to secure your personal data, to minimise the risks of theft, damage, loss of information, or unauthorised access or use of information. However, we cannot guarantee that our Sites or Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
10. Data Subject Rights
Individuals have rights concerning their personal data. Please contact us by e-mail to: support@edgefolio.com if you wish to exercise your privacy rights under any applicable law. Such rights may include, to the extent applicable, the right to know/request access to specific pieces of personal data collected, categories of personal data collected, categories of sources from whom the personal data was collected, purpose of collecting personal data, categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with Edgefolio, or to restrict or object to such personal data processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to port such personal data, or the right to equal services and prices (e.g. freedom from discrimination), each to the extent available to you under the laws which apply to you. Certain individuals may also have the right to lodge a complaint with the relevant supervisory authority in the UK or European Union (“EU”), as applicable.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. If your request relates to personal data that may be processed on our Customer’s behalf as its “data processor” or “service provider” (as further explained in Section 11 below), note that such Customer exclusively determines how such data is processed, as well as if and how your request should be handled, so we advise that you submit your request directly to it. We will not fulfill your request unless you have provided sufficient information to enable us to reasonably verify that you are the individual about whom we collected the personal data, or that such data is processed on behalf of one of our Customers, so that we may forward it to such Customer for its further handling. Such additional information may be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request, or proof of request fulfilment). We may redact from the data which we will make available to you, any personal data or confidential information related to others.
11. Data Controller/Processor
Certain data protection laws and regulations, such as the UK GDPR and EU GDPR, typically distinguish between two main roles for parties processing personal data: the “data controller”, who determines the purposes and means of processing; and the “data processor”, who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Where Edgefolio is the “data controller” of Prospect Data, we assume the responsibilities of data controller (solely to the extent applicable under law) as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.
Where Edgefolio is the “data processor” of Customer Data, we process such Customer Data on behalf of our Customer (who is the “data controller” of such data), and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.
Where Edgefolio is both a “data controller” and “data processor” of User Data, such data is processed by Edgefolio for its own purposes (as described in Section 3), as an independent “data controller”; whilst those certain portions of it which are included in Customer Data will be processed by us on our Customer’s behalf, as a “data processor”.
Accordingly, Edgefolio processes Customer Data strictly in accordance with our Customer’s reasonable instructions and other commercial agreements with such Customer.
Our Customers are solely responsible for determining whether and how they wish to use our Services and for ensuring that all individuals using our Services on the Customer’s behalf or at their request, as well as all individuals whose personal data may be included in Customer Data processed through our Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, recording, use or other processing of data through our Services are fully met by the Customer, including specifically in the context of an employment relationship. Our Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they process through our Services.
12. Additional Notices & Contact Details
12.1 Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our website or the Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe that the changes involved materially alter your rights via any of the communication means available to us or via our website or the Services. After expiry of such notice period, all amendments shall be deemed accepted by you.
12.2 Requirements under US State Privacy Laws: This policy describes the categories of personal information we may collect and the sources of such information, and our retention and deletion practices. We have also included information about how we may process your information, which includes for “business purposes” under the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”) and similar state laws, as applicable. We do not sell or “share” your personal information for the intents and purposes of the CCPA or CPRA, nor disclose personal information that we “control” to any third party for its direct marketing purposes. We may disclose personal data to third parties or allow them to collect personal data from our Services as described in Section 6 above, if those third parties are our Customers (in respect of Customer Data processed on their behalf), or our authorised Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal data to third parties, or as otherwise described in Section 6 above. You may also designate an authorised agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorised agent may submit a request to exercise these rights by emailing us. We will not discriminate against you by withholding our Services from you or providing a lower quality of service to you for requesting to exercise your rights under the law.
If you have any questions or would like to exercise your rights under any applicable US State privacy laws, you can contact us by e-mail to: support@edgefolio.com.
12. 3 External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.
12. 4 Children: Our Services are not designed to attract children under the age of 16. We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services we will attempt to prohibit and block such use and use commercially reasonable endeavours to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail to: support@edgefolio.com.