Last Updated July 19th, 2018
Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it. We draw your attention in particular to Section 5 International Data ;Transferred Section 13(a) Email Communications; Section 14, Identifying the Data Processor and Controller; Section 15 Your Rights; and Section 16 Data Protection Authority.
By visiting www.zugata.com and using our Site, you are accepting and consenting to the practices described in this policy.
We will only process your Personal Data in accordance with applicable data protection and privacy laws. For the purposes of General Data Protection Regulations, Zugata Inc. is primarily a data processor, and located of 1895 El Camino Real, California 94306, USA.
When we refer to “Zugata”, we mean the Zugata entity that primarily acts as the processor of your information, as explained in more detail in the Section 14 Identifying the Data Controller and Processor.
Table of contents:
“Users” includes Enterprise users who have an Account on the Site. The Services enable Users to obtain feedback from, and provide feedback to, other l Users within their Zugata Network (the “Continuous Feedback Module”). In the event that an Enterprise purchases a subscription to the Zugata Premium Services (a “Subscriber”), the Subscriber will receive access to anonymized and aggregated reports and data about Users generated from data collected through the Continuous Feedback Module (“Continuous Feedback Data and Reports”) and access to a performance assessment module (the “Performance Assessment Module”) which the Subscriber can use to obtain employee feedback for performance reviews (“Performance Reviews”).
means the legal entity that owns the rights to the domain included in the email address that you provide when you create an Account with Zugata. The Enterprise will generally be your employer, or an identified subgroup (i.e. division, department, etc.) within your employer. Enterprise does not include a legal entity that operates an email service (e.g., Hotmail, Yahoo, etc.) (an “Email Service Entity”) unless Zugata has an agreement with that Email Service Entity pursuant to which that Email Service Entity has created a Zugata Enterprise Network.
are Your Feedback Message(s) About Other Users as defined in Section 9(a) and Other User Feedback Messages as defined in Section 9(c).
is the network for using the Services defined by an Enterprise’s domain name, but excluding domains owned by Email Service Entities. All Users who sign up with an email address that includes a domain owned by the same Enterprise are a part of the same Zugata Network.
is a Zugata Network for an Enterprise that registered an e Account with Zugata and for which the Enterprise has purchased the Premium Services. A Zugata Network is a Zugata Enterprise Network only during the term for which Enterprise has purchased the Premium Services.
Attn: Data Protection Officer c/o Legal Department
1895 El Camino Real
Palo Alto, CA 94306
We do not intentionally gather Personal Data from Users who are under the age of 13. If a child under 13 submits Personal Data to Zugata and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact the Data Protection Officer at privacy@Zugata.com.
(b) As described in the Privacy Shield Principles, Zugata remains responsible and liable for Personal Data that it receives and subsequently transfers to third parties. If third parties that process Personal Data on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.
(c) In compliance with the Privacy Shield Principles, Zugata commits to resolve complaints about our collection or use of your Personal Data. European Union or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: email@example.com
(d) Zugata has further committed to refer unresolved Privacy Shield complaints to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint from us, or if your complaint is not satisfactorily addressed, please visit: www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. The services of BBB EU PRIVACY SHIELD are provided at no cost to you.
(e) As further explained in the Privacy Shield Principles, binding arbitration will also be made available to you in order to address residual complaints not resolved by any other means. Zugata is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
(f) In compliance with the Privacy Shield Principles, Zugata commits to resolve complaints about our collection or use of your personal information. EU or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Zugata at:
Attn: Data Protection Officer, c/o Legal Department
1895 El Camino Real
Palo Alto, CA 94306
(g) Zugata has further committed to cooperate with EU and UK data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU and UK DPAs for more information or to file a complaint. The services of EU and UK DPAs are provided at no cost to you.
(h) Zugata will commit to cooperate with the Swiss Federal Data Protection and Information Commissioner (FDPIC) regarding unresolved Privacy Shield complaints concerning human resources data transferred from Switzerland in the context of the employment relationship. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the Swiss Federal Data Protection and Information Commissioner for more information or to file a complaint. The services of Swiss Federal Data Protection and Information Commissioner are provided at no cost to you.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
· When you create an account to log into our Services (“Account”), we may collect Personal Data from you, such as your first and last name, and your Enterprise email address (“Your Enterprise Email Address”).
· When you create your personal “My Account” page (“Your Personal Profile Page”) we will ask you to provide your title and role within your Enterprise and a photograph of yourself. We may also collect reporting information, such as the person you report to and your direct reports within the Enterprise. The Site allows you to create an Account and login to the Site using your Google or other supported Single Sign-On providers account credentials. If you are not currently registered as a User and you click on the “Sign In” icon, you will first be asked to enter your Google or other supported Single Sign on providers credentials and then be given the option to register and join the Site. By using a Google account, you are allowing us to access your Google account information.
· When you register, and periodically thereafter, we will also ask you to provide the password for Your Enterprise Email Address or the password for your account on any instant messaging system that your Enterprise uses for business communications and that we support (a “Supported Enterprise Messaging System”) (“Password”). Each time you provide the Password for Your Enterprise Email Address or the Supported Enterprise Messaging System, we will use the Password to collect the last 90 days of email and calendar meta data (consisting of the To, From, cc, bcc, and Timestamp Fields and referred to herein as “Your Meta Data”) from Your Enterprise Email Address or the Supported Enterprise Messaging System.
· We will send you communications through the Services requesting that you provide feedback about other Users within your Zugata Network (“Your Feedback Message(s) About Other Users”).
· When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
· We retain information on your behalf, such as Your Feedback About Other Users and other communications that you may send through the Services. Your Content includes the message content itself (which can include messages, pictures, files and video) as well as when these messages or files were sent.
· If your Enterprise uses our Performance Assessment Module, you may be asked to complete Performance Reviews for other individuals employed by the enterprise and other Enterprise employees may be asked to complete Performance Reviews for you.
· If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
· When you participate in one of our surveys, we may collect additional profile information.
· We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via email regarding support for the Services.
· We may also collect Personal Data at other points in our Site/Apps or within our Services that state that Personal Data is being collected.
· Information Collected by Our Servers. To make our Site/Apps and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. However under certain laws in certain jurisdictions, this may also be viewed as personal data.
· Types of Cookies we use.
These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request load quickly. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
These cookies allow our Site to remember choices you make when you use our Site, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.
· Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies that are used to track online movements of Web users. Pixel Tags are embedded invisibly in Web pages, inside the applications, and in emails. This type of information is collected to tailor the experience with us to meet your special interests and needs, make the Site/Apps more useful to you, gather general information about trends and User behavior, and also, to improve the Site/Apps for all Users. Pixel Tags also allow us to send email messages in a format Users can read, and they tell us whether emails have been opened. We may use this information to ensure that we are sending only messages that are of interest to our Users, to learn more about User behavior, or to reduce or eliminate messages sent to a User. We may also associate this information with your email address to determine your activities on the Site/Apps.
· Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s) and information about the type of device you use. In addition, in the event our Application(s) crash on our mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
If you wish to collect feedback from other Users within your Zugata Network, you must provide us with the Password to either Your Enterprise Email Address or your Supported Enterprise Messaging System. We will use this information to collect Your Meta Data to determine the Users within your Enterprise with whom you have communicated and to rank those Users based on our proprietary algorithms that check the frequency of your communications with that User. Once you have linked Your Enterprise Email Address or supported enterprise messaging account to the Services, our Application will ask Users within your Enterprise to send you, feedback (“Other User Feedback Message(s)”). If you are a member of a Zugata Basic Network, the Feedback Messages that you send and receive will be anonymous; however, if your Zugata Network is or subsequently becomes a Zugata Enterprise Network, your Enterprise has the right to require, by sending notice to Zugata, that all Feedback Messages include the name of the sender, in which case the Feedback Messages that you send and receive subsequent to the date that we notify affected Users of that Zugata Enterprise Network that their Feedback Messages will no longer be anonymous. We will use the Other User Feedback Messages about you to create graphs or other charts that will be displayed on Your Personal Profile Page (“Your Personal Review Graphs”).
In the event that you are, or you become, part of a Zugata Enterprise Network, the Enterprise may (i) request that we create an Account for you if you are not already an Individual User, and/or (ii) provide us with your name, email information, and other information related to your role within the Enterprise, including your manager, direct reports and your position within the Enterprise’s organization chart. If the Enterprise is using our Performance Review Module, Enterprise employees may also provide us with Performance Reviews about you.
We may receive Personal and/or Anonymous Data about you from companies that provide our Services by way of a cobranded or private labelled website or companies that offer their products and/or Services on our Site. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.
We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
In general, Personal Data you submit to us is used to respond to requests that you make, aid us in serving you better, or analyze and improve our Site/Apps and Services. We use your Personal Data in the following ways:
· facilitate the creation of and secure your Account;
· identify you as a User in our system and within the Zugata Network which you belong;
· provide improved administration of our Site/Apps and Services;
· provide the Services that you or your Enterprise requests;
· improve the quality of experience when you and other Users interact with our Site/Apps and Services;
· send you a welcome email to verify ownership of the email address provided when your Account was created;
· send you feedback from other individuals within your Zugata Network;
· send you administrative email notifications, such as security or support and maintenance advisories;
· respond to your inquiries related to employment opportunities or other requests;
· to make telephone calls to you, or send you SMS messages from time to time, as a part of secondary fraud protection or (with your consent) to solicit your feedback;
· with your consent, to send newsletters, surveys, offers, and other promotional materials related to our Site/Apps and Services and for other marketing purposes of Zugata and our partners;
· to provide you with recommendations for mentors who may be able to help you further develop your skills;
· to send you emails requesting that you provide Feedback Messages on other Individual Users or to notify you that you have received Feedback Messages from other Individual Users.
We often receive testimonials and comments from Individual Users who have had positive experiences with our Site/Apps and Services. We occasionally publish such content. When we publish this content, we may identify our Individual Users by their first and last name and may also indicate their home city. We obtain the Individual User’s consent prior to posting his or her name along with the testimonial. We may post Individual User feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback. Subject to applicable laws, you may subsequently withdraw this consent and your contribution will either be removed or anonymized.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Applications and Services and improve Site navigation, and we provide Anonymous Data, such as continuous feedback and reports, to your Enterprise as a part of the Premium Services. Subject to applicable laws, we reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
We may share your Personal Data with third parties where you have provided your consent to do so, and where, subject to General Data Protection Regulations or other applicable laws, you have not subsequent modified or withdrawn that consent.
When you use the Services in a Zugata Network, each of Your Feedback Messages About Other Users will be shared with the User to whom the Feedback Message is addressed. Your Enterprise has the right to require, by sending notice to Zugata, that all Feedback Messages include the name of the sender, in which case the Feedback Messages that you send and receive subsequent to the date that we notify affected Users of that Zugata Enterprise Network that their Feedback Messages will no longer be anonymous. When we ask another User within your Zugata Network to provide Other User Feedback Messages about you, we will display your name and photograph to the User. If your Enterprise is using our Performance Assessment Module, Performance Reviews submitted by you about others and Performance Reviews submitted about you may be shared with others Users as determined by your Enterprise, in its sole discretion.
You have several choices regarding the use of information on Site/Apps or Services:
If you decide at any time that you no longer wish to accept Cookies for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com. If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.
You may change any of your Personal Data in your Account (other than Feedback Messages, Performance Reviews, and Your Personal Review Graphs) by sending an email to us at privacy@Zugata.com. Zugata acknowledges your right to access information held about you. Subject to Section 16 Your Rights and applicable laws in certain jurisdictions, you may request to view, correct, delete or portportal your Personal Data (including Feedback Messages, Performance Reviews and Your Personal Review Graphs) by us. If you wish to exercise this right in accordance with the Act, please contact use at Data Protection Officer at privacy@Zugata.com. You can request to change contact choices, opt out of our sharing with others, or subject o applicable laws laws update, correct, delete or port your Personal Data.
Subject to Section 16 Your Rights and applicable laws in certain jurisdictions that require us to delete your Personal Data, we will use commercially reasonable efforts to honor your request. Please note that we may be required by applicable law to keep some information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). We may also retain your information for fraud or similar purposes or, subject to applicable law as may be required by your Enterprise.
You can stop all collection of information by the Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, your Enterprise is the controller of your Personal Data; and Zugata is the processor of that Personal Data. Zugata may only be a controller of your Personal Data when we collect your name and email for marketing purposes.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal Data. Subject to the General Data Protection Regulation or other applicable law, you may have the right to request access to Personal Data, as well as to seek to update, delete, correct or port your Personal Data.
To the extent that Zugata’s processing of your Personal Data is subject to the General Data Protection Regulation, Zugata relies on your Enterprise as a data controller, and on own legitimate interests, to process your Personal Data. Zugata may also control and process some limited Personal Data for direct marketing purposes and you have a right to object and delete to Zugata’s use of your Personal Data for this purpose at any time.
Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Zugata has appointed European Data Protection Office (EDPO) as it's GDPR representative in the EU.You can contact EDPO regarding matters pertaining to the GDPR by:
- Sending an email to firstname.lastname@example.org - Using EDPO’s online request form at https://www.edpo.brussels/contact - Writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium
Subject to General Data Protection Regulation , you may also have the right to (i) restrict Zugata’s use of your Personal Data and (ii) lodge a complaint with your local Data Protection Authority or with the Belgium Data Protection Authority which is Zugata’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we process or control Personal Data within the scope of the General Data Protection Regulation, you may direct questions or complaints to the Information Commissioner’s Office in Belgium.