Effective Date: January 23, 2019
Mouseflow, Inc. (“Mouseflow”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data protection. This Policy applies to the processing of Personal Data that Mouseflow obtains from persons located in the European Union and Switzerland.
Mouseflow complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information obtained from Data Subjects or Individuals in the European Union member countries and Switzerland. Mouseflow has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov.
The Federal Trade Commission (FTC) has jurisdiction with enforcement authority over Mouseflow’s compliance with the Privacy Shield.
All Mouseflow employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
Mouseflow provides software and/or services that allow Corporate Customers to monitor their own website visitors’ online interactions. In doing so, Mouseflow receives information from Data Subjects that visit Corporate Customers’ websites and Individuals that use Mouseflow’s software and/or services on behalf of Corporate Customer. In the first case, Mouseflow acts as a Data Processor. In the second case, Mouseflow acts as a Data Controller and collects Personal Data from Individuals in order to provide and operate its software and/or services to a Corporate Customer.
This Policy applies to the processing of Personal Data that Mouseflow receives in the United States concerning Data Subjects or Individuals whose data is collected in the European Union and Switzerland. Mouseflow provides software and services to Corporate Customers, but may track Personal Data from Data Subjects (visitors on Corporate Customers’ websites) or Individuals (persons working on behalf of Corporate Customer).
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
- Responsibilities and Management.
Mouseflow has designated its Legal Department to oversee its information security program, including compliance with the EU-US and and Swiss-US Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments may be directed to email@example.com.
Mouseflow will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it may collect. Mouseflow personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Mouseflow has undertaken to protect Personal Data.
- Renewal and Verification.
Mouseflow will renew its EU-US Privacy Shield and Swiss-US Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Mouseflow will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Mouseflow will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles; and
- Confirm that Data Subjects and Individuals have access to the process for addressing complaints and any independent dispute resolution process (Mouseflow may do so through its publicly posted website, written contract, or both); and
- Review its processes and procedures for training Employees about Mouseflow’s participation in the Privacy Shield programs and the appropriate handling of Personal Data.
Mouseflow will prepare an internal verification on an annual basis.
- Collection And Use Of Personal Data.
Mouseflow collects Personal Data from Individuals when they purchase its software, register for a demonstration, log in to their account, complete surveys, request information, or otherwise communicate with Mouseflow.
The Personal Data that we collect may vary based on the Individual’s interactions with our website(s) and requests for our software and/or services. As a general matter, Mouseflow collects the following types of Personal Data: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name, tax number (VAT), as well as payment information (which might include credit card, PayPal, and/or bank account information). We will collect any information that Individuals choose to provide to us through their account. When Individuals browse our website or use our software and/or services, we may collect their IP address, language, browser, operating system, screen resolution, device type, time on site, number of pages viewed, navigation, page content, clicks, mouse movement, scrolling, and a recording of their user activity. We may associate this information with a specific customer. We also may collect Personal Data from Individuals who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website. This information is used for the purpose of operating the software and/or services Corporate Clients buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing software and services to Corporate Client(s).
In other cases, Mouseflow serves as a service provider. In this capacity, we do not intend to but may receive, store, and/or process Personal Data from Data Subjects. In such cases, we are acting as a Data Processor and will process the personal information on behalf of and under the direction of our Corporate Clients (Data Controllers). The information that we collect from our Corporate Clients in this capacity is used for providing data and reports in our software (recordings, heatmaps, funnels, form, and user feedback analysis) and other operations related to providing services to the Corporate Clients, and as otherwise requested by our Corporate Clients. We may collect a Data Subject’s partial or anonymized IP address, language, browser, operating system, screen resolution, device type, time on site, number of pages viewed, navigation, page content, clicks, mouse movement, scrolling, and a recording of their user activity.
Mouseflow uses Personal Data that it collects indirectly in its role as a service provider for the following business purposes, without limitation:
- maintaining and supporting its software, delivering and providing the requested software/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to Corporate Clients); and
- satisfying governmental reporting, tax, and other requirements (e.g., import/export); storing and processing data, including Personal Data, in computer databases; and
- verifying identity (e.g. for online access to accounts); as requested by Individuals associated with Corporate Clients;
- for other business-related purposes permitted or required under applicable local law and regulation; and as otherwise required by law.
Mouseflow does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. If this practice should change in the future we will update this policy, identify the third parties, and provide an opt-out choice.
- Disclosures / Onward Transfers Of Personal Data.
Except as otherwise provided herein, Mouseflow discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Mouseflow may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Mouseflow may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Mouseflow and they must:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU Swiss data protection law(s) for transfers and processing of Personal Data; and
- agree via written contract to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy.
Mouseflow also may disclose Personal Data for other purposes or to other Third Parties when an Individual or Data Subject has consented to or requested such disclosure. Please be aware that Mouseflow may be required to disclose Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Mouseflow is liable for appropriate onward transfers of Personal Data to third parties.
- Sensitive Data. Mouseflow requires Corporate Clients to exclude Individuals’ or Data Subjects’ Sensitive Data from being collected or tracked when using its software and/or services.
- Data Integrity and Security.
Mouseflow uses reasonable efforts to maintain the integrity of Personal Data and to update it as appropriate. Mouseflow has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Mouseflow’s electronic information systems requires user authentication via password or similar means. Mouseflow also employs access restrictions, limiting the scope of employees who have access to Personal Data.
Further, Mouseflow uses secure encryption technology in transit to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee complete (100%) security all of the time.
- Accessing Personal Data. Mouseflow personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
- Right To Access, Change, or Delete Personal Data.
- Right to Access. Individuals and Data Subjects have the right to know what Personal Data about them is collected and to ensure that such Personal Data is relevant for the purposes for which Mouseflow collected it. Individuals and Data Subjects may request to review their own Personal Data and correct, erase, or block any data that is incorrect, as permitted by applicable law and Mouseflow policies. Upon reasonable request and as required by the Privacy Shield principles, Mouseflow allows Individuals and Data Subjects access to their Personal Data, in order to correct or amend such data where inaccurate. Individuals may edit their Personal Data by logging into their account or by contacting Mouseflow by phone or email. In making modifications to their Personal Data, Individuals must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individuals should submit a written request to firstname.lastname@example.org; Data Subjects should contact the Corporate Customer which tracked their Personal Data, as well as submit a written request to email@example.com.
- Requests for Personal Data. Mouseflow will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Individual or Data Subject. Please note that in cases where Mouseflow acts as a Data Processor, we may have to refer any inquiries for access to data to our Corporate Customer.
- Satisfying Requests for Access, Modifications, and Corrections. Mouseflow will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
- Changes to This Policy. This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees aware of changes to this policy either by posting to our intranet, through email, or other means. We will notify Individuals and Corporate Customers if we make changes that materially affect the way we handle Personal Data previously collected and allow them to choose whether their Personal Data may be used in any materially different manner.
- Questions or Complaints. You may contact Mouseflow with questions or complaints concerning this Policy at the following address and email address:
1711 Copenhagen V
privacy [at] mouseflow [dot] com
- Enforcement and Dispute Resolution.
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Mouseflow commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss Data Subjects with questions or concerns about the use of their Personal Data should contact us at: firstname.lastname@example.org.
If your question or concern cannot be satisfied through this process, Mouseflow has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Frameworks to BBB EU Privacy Shield, an independent dispute resolution mechanism operated in the United States by the Council of Better Business Bureaus.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Mouseflow, EU and Swiss Individuals and Data Subjects should go to https://bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of the BBB EU Privacy Shield will be provided at no cost to you. Finally, as a last resort and in limited situations, EU and Swiss Individuals and Data Subjects may seek redress from the Privacy Shield Panel — a binding arbitration mechanism.
- Definitions. Whenever used in this Policy, the following terms will have the following specified meanings:
“Corporate Customers” means a company who has purchased Mouseflow products or a client of Mouseflow within the geographic boundaries of Europe, the European Economic Area (EEA), or Switzerland. The term also shall include any individual agent or representative of a Corporate Customer of Mouseflow.
“Data Controller” means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be processed.
“Data Processor”, in relation to Personal Data, means any person (other than an employee of the data controller) who processes the data on behalf of a Data Controller.
“Data Subject” means an identified or identifiable natural living person who is either tracked by our software and/or services (on a Corporate Customer’s website or our own websites) or discloses their Personal Data to us (in order to obtain an account to use our software and/or services). An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Clients in Switzerland, a Data Subject also may include a legal entity.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Mouseflow or any of its affiliates or subsidiaries, who is also a resident of a country within Europe or the European Economic Area (EEA).
“Europe” or “European” refers to a country in the European Union.
“Individual” means a Data Subject that is an employee, contractor, agent, or representative of a Corporate Customer.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, email address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.