CleverTap Privacy Policy

Last Updated – December 18, 2019

WizRocket Inc., a Delaware corporation doing business as CleverTap (“CleverTap”, “we,” “us,” or “our”) provides its customers (“Customers”) with the ability to analyze how their end users (“Customer End Users”) interact with Customer website(s) or mobile application(s) and the ability to contact Customer End Users via the CleverTap service platform (the “CleverTap Service”).  Customers’ users of the Service and other representatives of our Customers (collectively, “Customer Representatives”) interact with CleverTap to establish, maintain, and manage their use of the CleverTap Service.We are committed to respect and protect the privacy of both Customer Representatives and Customer End Users and the personal information we may obtain through the CleverTap Service or other Company operations.  Accordingly, we have created this Privacy Policy to inform all users about how we collect, use and share Customer Representative personal information and personal information of Customer End Users, and about our Customer personal information privacy practices in general. We are always ready to address questions and concerns regarding this privacy policy and our privacy practices. If you would like to contact customer service, please contact us via http://clevertap.com/company/contact-us. We continually strive to find new ways to enhance the experience of the CleverTap Service.We may modify this Privacy Policy from time to time to reflect changes in our privacy practices. All users, including Customers and Customer End Users, are encouraged to review this Privacy Policy periodically and to check the “Last Updated” date at the top of the Privacy Policy for the most recent version. If we make changes to this Privacy Policy, we will notify you here, by email, the CleverTap Service or through other industry-standard means.Please note that the privacy policies and practices regarding use of clevertap.com and other web properties of CleverTap by individuals other than Customers and Customer End Users are covered in a separate privacy policy: the Website Privacy Policy located at https://www.clevertap.com/privacy-policy. Please refer to the Website Privacy Policy regarding the collection, use, disclosure, and management of personal information collected from website visitors other than Customer End Users.
  1. Types and Uses of Collected Information. CleverTap collects both Personal Data and Non-Personal Data:
  1. Personal Data. Personal Data is information relating to a specific identified or identifiable person.  Generally, CleverTap collects two types of Personal Data, Personal Data from Customer Representatives and Personal Data from Customer End Users.
  • Personal Data of Customer Representatives
First, CleverTap collects Personal Data from Customer Representatives relating to Customer accounts and management of them.  For instance, when Customer Representatives engage in certain activities via the CleverTap Service, including but not limited to creating an account, sending feedback, or otherwise using or participating in the CleverTap Service (collectively, “Identification Activities”), we may ask Customer Representatives to provide certain information. If they elect to engage in an Identification Activity, however, we may ask them to provide us with certain Personal Data, such as name, address (including zip code), email address and/or telephone number. Depending on the Identification Activity, some of the information we ask Customer Representatives to provide may be identified as mandatory and some identified as voluntary. If Customer Representatives do not provide mandatory information for a particular Identification Activity, they will not be permitted to engage in that Identification Activity with the CleverTap Service.As Customer Representatives navigate the CleverTap Service, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from Customers Representatives’ Web browsers (such as browser type and browser language), their Internet Protocol (“IP”) address, and the actions they take on the CleverTap Service (such as the Web pages viewed and the links clicked).Through our “import Customer End Users” feature option, a Customer Representative may also provide us with Personal Data about other Customer Representatives such as the name, company name, address, phone number, email address, and/or IP address of Customer Representatives that you choose to share with us.  When you provide us with Personal Data about Customer Representatives that have not provided Personal Data to us, we will only use this information for the specific reason for which it is provided, such as to add new records to your CleverTap account, or as agreed in the applicable agreement with Customer.We may use Personal Data from Customer Representatives to provide products and/or services to Customers, collect payment for our products and/or services, administer sweepstakes and contests, enhance the operation of the CleverTap Service, improve our marketing and promotional efforts, analyze use of the CleverTap Service, improve the CleverTap Service, and tailor the experience of  Customer Representatives in using the CleverTap Service. We may also use Personal Data to troubleshoot, resolve disputes, accomplish administrative tasks, contact Customer Representatives, enforce our agreements with Customers, including our Master SaaS Subscription Agreements or Terms of Service, and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.  The CleverTap Service may include social media features such as the Facebook “like” button or other associated social media buttons and widgets and such social media features which are hosted by a third party or directly on the CleverTap Service may collect Customer Representatives’ IP addresses and other information.  Such interactions are governed by the applicable privacy policy of those social media features.
  • Customer End User Data
As part of the provision of the CleverTap Service to Customers, CleverTap collects certain Personal Data and other, Non-Personal Data about Customer End Users as determined by the applicable Customer (“Customer End User Data”). CleverTap does not control or otherwise approve any messages or requests for Customer End User Data made by a Customer to a Customer End User.  Customer End Users should be aware that a Customer can request such Customer End User Data from them in order to use the Customer’s website(s) and/or mobile application(s) and that Customer End User Data may then be included in information given to CleverTap through your use of the CleverTap Service. Therefore, Customer End Users should review the privacy policy of a Customer’s website and/or mobile application to assess the security of any information a Customer End User discloses. To the extent that CleverTap does receive any Customer End User Data, CleverTap shall make reasonable efforts, consistent with the terms of this Privacy Policy, to maintain the confidentiality of such Customer End User Data.  CleverTap has no direct relationship to the Customer End Users whose Customer End User Data it processes and such Customer End User who seeks access, or who seeks to correct, amend, or delete inaccurate Customer End User Data should direct his or her query to the applicable Customer for removal.  Once such Customer requests removal of such applicable Customer End User Data, CleverTap will respond to such request within one month; provided that (i) such period may be extended by up to 2 additional months when necessary, taking into account the complexity and number of the requests and (ii) CleverTap shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.CleverTap’s Customers may electronically submit Customer End User Data to the CleverTap Service. CleverTap will not review, share, distribute, or reference any such Customer End User Data except as provided in CleverTap’s applicable agreement with Customer, or as may be required by applicable law. CleverTap acknowledges that Customer End Users have the right to access their Personal Data.  If Personal Data pertaining to a Customer End User has been submitted to us by a Customer, and a Customer End User wishes to exercise any rights it may have to access, correct, amend, or delete such Personal Data, the Customer End User should inquire with the Customer directly. Because CleverTap personnel have limited ability to access data our Customers submit to the CleverTap Service, if a Customer End User wishes to make a request directly to CleverTap, please provide the name of the Customer who submitted your data to the CleverTap Service.  We will refer your request to such Customer and will support them as needed in responding to your request within one month; provided that (i) such period may be extended by up to 2 additional months when necessary, taking into account the complexity and number of the requests and (ii) CleverTap shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.
  1. Non-Personal Data. “Non-Personal Data” is information that does not identify a specific person.
  • Non-Personal Data from Customer Representatives
CleverTap may receive Non-Personal Data from Customer Representatives, which may include data such as the URL of the website a Customer Representative visited before participating in the CleverTap Service, the URL of the website visited after participating in the CleverTap Service, the type of browser the Customer Representative is using, or general and/or aggregated location data that does constitute Personal Data. We, and/or our authorized Third Party Service Providers (defined below), may automatically collect this information when Customer Representatives visit or use the CleverTap Service through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described below in this Privacy Policy.We use Non-Personal Data to provide products and/or services to Customer Representatives, enhance the operation of the CleverTap Service, troubleshoot, administer the CleverTap Service, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers to measure the overall effectiveness of our products and services.
  • Non-Personal Data from Customer End Users
CleverTap’s Customers may electronically submit Non-Personal Data from Customer End Users to the CleverTap Service. CleverTap will not review, share, distribute, or reference any such Non-Personal Data except as provided in CleverTap’s applicable agreement with Customer, or as may be required by applicable law.  CleverTap uses such Non-Personal Data for the purpose of enhancing or providing the CleverTap Service.
  1. Data Tracking.
  1. Cookies. To facilitate and customize your experience with the CleverTap Service, we may store cookies on your computer or other similar device through which you access the CleverTap Service. A cookie is a small text file that is stored on your computer or other device for record-keeping purposes that contains information about you. We use cookies to save you time while using the CleverTap Service, remind us who you are, and track and target your interests in order to provide a customized experience. Cookies also allow us to collect Non-Personal Data from you, like which pages you visited, what links you clicked on, and how you used the CleverTap Service. Most browsers automatically accept Cookies, however you may be able to modify your browser settings to decline cookies.
  1. Other Tracking Devices. When you access the CleverTap Service, or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the CleverTap Service, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our marketing partners for the same purposes.
  1. How to Opt-Out of Third Party Tracking Technologies. The use of tracking technologies by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that tracking technologies provide, you may be able to opt-out by visiting http://www.aboutads.info/choices.
  1. Sharing of Personal Data. We will not sell or share Personal Data with other parties except as provided below:
  1. Authorized Third Party Service Providers. CleverTap may provide products and services through third parties. These “Third Party Service Providers” perform functions on our or your behalf. You or we may share Personal Data with such Third Party Service Providers to fulfill orders, analyze data (including IP Addresses), operate the CleverTap Service, collect payment for the CleverTap Service, troubleshoot and provide customer service. We may also provide Personal Data to individuals and companies with whom we have business relationships and may share your information with Third Party Service Providers to accomplish our administrative tasks. We require our Third Party Service Providers to maintain data protection policies and procedures at least as protective or Personal Data as this Privacy Policy.
  1. Acquisition. As with any other company, we could merge with, or be acquired by another company, including in connection with a bankruptcy if CleverTap . If this occurs, the successor company would acquire the information we maintain, including Personal Data. However, Personal Data would remain subject to this Privacy Policy.
  1. As Required by Law. We reserve the right to disclose Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with administrative or judicial process requesting Personal Data, a judicial proceeding, court order, or other legal process served on us, enforce or apply this Privacy Policy, Terms of Service or other agreements or protect the rights, property or safety of the CleverTap Service, users of the CleverTap Service, or others.
  1. Extraordinary Circumstances. Other extraordinary circumstances not listed here may require disclosure: we may also disclose information when we believe it’s necessary to prevent imminent and serious bodily harm to a person; to address fraud, security, or spam; or to protect our rights or property.
  1. Data Controller and Data Processor; Data Protection Officer. We process Personal Data both as a Processor and as a Controller, each as defined in the General Data Protection Regulation (“GDPR”):
(a)             The Customer which Customer End Users provided Personal Data to, with the assistance of the CleverTap Service, will be the Controller for Customer End User Data.  We will be the Processor.                  (b)             For Personal Data in Customer Data received directly from Customer Representatives, we will be the Controller.  For Customer Representative Personal Data received from another Customer Representative, we are a Processor processing such Personal Data in accordance with the Customer’s instructions.
  1. Data Protection Officer.
CleverTap has a Data Protection Officer (as defined in the GDPR) who is responsible for matters relating to privacy and data protection.  Our Data Protection Officer can be reached as follows:
WizRocket Inc.
Attn: Francis PereiraC/o. WizRocket Technologies Pvt Ltd.
19th Floor, DLH Park, SV Road, Goregaon West, Mumbai 400062
Email: security@clevertap.com

For Customer Representatives and Customer End Users located in the European Data Region in the European Economic Area (EEA), all processing of Personal Data is performed in accordance with the GDPR.All data collected by CleverTap through the CleverTap Service will be stored exclusively in secure hosting facilities provided by Amazon Web Services. CleverTap has a data processing agreement in place with its provider, ensuring compliance with the GDPR. All hosting is performed in accordance with the highest security regulations. All transfers of data out of the EEA is done in accordance with the applicable data processing agreement. If you are a Customer located in the EEA, we exclusively store and process Personal Data in the EEA.  Customers have the ability to export Personal Data in a manner that transfers such Personal Data to a third country.  We will perform such transfers in accordance with Customers’ instructions.
  1. Security. We have adopted reasonable physical, technical and organizational safeguards which substantially mirror the GDPR-required safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of Personal Data in our possession.
Customer Representatives can access the Personal Data that the Customer has provided via the CleverTap Service with a password and username. This password is encrypted. We advise against sharing passwords and usernames with anyone. If a Customer Representative’s account is accessed via a third-party site or service, there may be additional or different sign-in protections via that third-party site or service. Customer Representatives must prevent unauthorized access to their account and the Personal Data that they have provided, including without limitation any applicable Customer End User Data, by selecting and protecting their passwords and/or other sign-in mechanism appropriately and limiting access to their computers, browsers, or mobile devices by signing off after finishing accessing their accounts. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. In the event that we believe that the security of a Customer Representative’s login credentials may have been compromised, we may seek to notify the Customer of that development.In addition, the Personal Data that a Customer has provided, including without limitation Customer End User Data, resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information using session encryption initiated by Secure Socket Layer (SSL) or Transport Layer Security (TLS) technology to secure the transmission of Personal Data to us. However, no data transmission can be guaranteed to be 100% secure. As a result, while we employ appropriate and commercially reasonable security measures to protect data and seek to partner with companies that do the same, we cannot guarantee the security of any information transmitted to or from or via the CleverTap Service, and we are not responsible for the actions of any third parties that may receive any such information.
  1. Sharing of Non-Personal Data. We may disclose or share Non-Personal Data without restriction. For example, we may share Non-Personal Data such as aggregated demographic information (which does not include any Personal Data) or use Third Party Service Providers to track and analyze Non-Personal Data usage and volume statistical information from our Customers and Customer End Users to administer the CleverTap Service. In order to administer the CleverTap Service, we collect Customer End User Data and provide analyses of anonymized aggregate Customer End User Data to the applicable Customer and, if applicable, Third Party Service Providers. We may also publish this aggregated information for promotional purposes. Notwithstanding the foregoing, Customer is the owner of its applicable Customer End User Data in the form of Non-Personal Data.
These companies may use Non-Personal Data about your visits and use of the CleverTap Service and/or the CleverTap Websites, and visits to other websites or locations in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you.
  1. Your California Privacy Rights. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.clevertap.com/ccpa.
 
  1. Updating Information. Customer Representatives may change any of their applicable Personal Data by logging into their account and accessing the “My Profile” section of the CleverTap Service. We encourage Customer Representatives to promptly update their Personal Data if it changes, as out-of-date Personal Data may negatively affect the quality of their CleverTap Service experience.
  1. Choices on Collection/Use of Information. Customer Representatives can always choose not to provide certain information, although a certain level of information may be required to engage and participate in the CleverTap Service. Customer Representatives, however, cannot opt-out of Administrative Emails. “Administrative Emails” relate to Customer’s activity on the CleverTap Service, and include but are not limited to emails regarding a Customer’s account, requests or inquiries. If a Customer Representative does not want to receive promotional emails from us, such Customer may elect to opt-out of receiving promotional emails at any time after registering by e-mailing us at support@clevertap.com or by hitting the “unsubscribe” button at the bottom of any of our e-mails.
  1. Privacy Policies of Third Party Websites. This Privacy Policy only addresses the use and disclosure of personal information we collect from Customer End Users and Customer Representatives via the CleverTap Service as well as other personal information collected from Customer Representatives. Other websites or services that may be accessible through the CleverTap Service may have their own privacy policies and data collection, use and disclosure practices. If you use, link or visit any such website, we urge you review that website’s privacy policy. We are not responsible for the policies or practices of third parties.
  1. Email Choice/Opt-out. CleverTap offers the option to opt out of routine communications from us. Please contact customer support as described in Section 16 below to exercise this option.  We will make commercially reasonable efforts to implement a Customer Representative’s email opt-out requests promptly, but he or she may still receive communications from us for up to ten (10) business days as we process the opt-out request.  Note that even if a Customer Representative opts out of receiving communications from us, we reserve the right to continue communicating with the Customer Representative regarding service announcements, administrative messages, and messages regarding account administration relating to CleverTap that are necessary to our relationship with you.
  1. Privacy Settings. As a user, Customer Representatives may have limited access to privacy settings. These settings help hide information they wish to share with other users and/or the public. It is up to them to select the appropriate privacy settings. Only administrative user Customer Representatives have full access to administrative systems to set privacy settings for a Customer.  If you don’t agree with the available privacy settings, please stop using the CleverTap Service.
  1. Public Areas. Customer Representatives also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties, such as comments on blogs (collectively, “User Contributions”). Although they may set certain privacy settings for such information by logging into their account profiles, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom Customer Representatives may choose to share their User Contributions. Therefore, we cannot and do not guarantee that User Contributions will not be viewed by unauthorized persons.
  1. Children. Customer Representatives must be at least 18 years if age. If a Customer becomes aware that a child has provided us with Personal Data purporting to be a Customer Representative, please contact us at https://clevertap.com/contact-us so that we can delete it.
  1. Customer Service Contact Information and Complaints. For assistance or questions regarding this Privacy Policy or the CleverTap Service, you may contact us at https://clevertap.com/contact-us.
If you have a complaint about our privacy practices, you may submit a complaint to us at the above website.  Our compliance team will evaluate your complaint and may request additional information.  Providing sufficient information to understand the facts and circumstances of a complaint are important and necessary to resolve complaints.