Effective Date July 17, 2021
Alchimetis is committed to protecting your privacy. This Privacy Notice (“Notice”) describes how Alchimetis processes personal data in connection with our business, including the provision of our website at (https://www.Alchimetis.com/) (“Website”) and our Services.
This Notice explains Alchimetis’ approach to any Personal Data that we might collect from you, or which we have obtained about you from a third party, and the purposes for which we process your Personal Data in our capacity as a Controller (i.e. when Alchimetis determines the purposes and means of the processing of personal data). It also describes your rights in respect of our processing of your Personal Data.
This Notice only applies to the use of your Personal Data by us or on our behalf. It does not apply to:
· 1Personal Data collected by third parties during your communications/dealings with those third parties or your use of their products or services (for example, where you follow links to third party websites over which we have no control).
· Personal Data processed, stored or hosted by us when we act as a Processor on behalf of our Customers in the course of providing our Services, in which case the privacy statement of the relevant Customer will apply, and our data processing agreement with such Customer will govern our processing of your Personal Data.
The capitalized terms used in this Notice are defined in Annex 1.
** QUICK LINKS**
We recommend that you read this Notice in full to ensure you are fully informed. However, if you only want to access a particular section of this Notice, you can click on the relevant link below to jump to that section.
**1. WHO IS THE DATA CONTROLLER?
**1. **The Website and our Services are made available by various companies in the Alchimetis group of companies (each a “Group Company”).
Where this Privacy Notice refers to “Alchimetis”, “we”, “us, “our”, this means one or more of the particular Group Companies that provide the particular Website, Mobile Application, Newsletter or Services to you, recruits you, uses testimonials from you, sends marketing communications to you, host an event you visit, or organizes a program in which you participate
For the purposes of the GDPR and LGPD, the following Group Companies act as a data controller when the processing of your Personal Data is caught by the requirements of the GDPR or LGPD.
***Location: United States*
*Alchimetis Inc. (company no: 4861858) is a company established is a company established under the laws of Delaware with its registered office at 16192 Coastal Highway, Lewes, Delaware 19958, USA [and its principal business address at 2950 S. Delaware Street, Suite 201 San Mateo, California 94403, USA.*
*(company no: HRB 176669 B) is a company established under the laws of Germany with its registered office at Neue Grünstraße 17, 10179 Berlin, Germany.*
*Alchimetis Technologies B.V. (company no: 73582166) is a company established under the laws of the Netherlands with its registered office at Stationsplein 32*
3511 ED Utrecht.
*Alchimetis SAS (company no: 842815581) is a company established under the laws of France with its registered office at 92 Av. des Champs-Élysées, 75008 Paris, France*
***Location: United Kingdom*
*Alchimetis Technologies UK Limited (company no: 09338697) is a company established under the laws of England and Wales with its registered office at 3rd Floor 86-90 Paul Street, London, United Kingdom, EC2A 4NE*
*Alchimetis Technologies Private Limited (company no:* *U72200TN2010PTC078458) is a company established under the laws of India with its registered office at Module - 1 & 2, 1st Floor, Block B, No 40, Global Infocity Park, MGR Salai, Perungudi Chennai – 600096, Tamil Nadu, India. I*
**2. WHO WE COLLECT PERSONAL DATA ABOUT
We collect and process Personal Data about the following people:
· Website visitors: If you browse our Website or contact us via our Website (Contact Sales) we will collect and process your Personal Data in connection with your interaction with us and our Website.
· Users of our Services: If you use our Services, whether it is through our Website or our Mobile Applications, we will process your Personal Data for certain data analytics purposes and in order to offer, deliver and improve our Services.
· Visitors to our Offices: If you attend our office, we may process Personal Data about you that you volunteer in connection with your visit and any enquiries you make. For example, you may volunteer Personal Data when signing in as a guest. CCTV footage may also be collected for security purposes.
· Recipients of marketing communications from us: If you are a potential lead or existing customer, we may process Personal Data about you in order to send you marketing communications.
· Event attendees: If you register for, attend or take part in our events, webinars or contests hosted by us we will process Personal Data about you in connection with your attendance at the event. For example, we may ask you to complete a registration or feedback form, or other documents relating to the event.
· Personnel that work for our Customers, partners and suppliers (including subcontractors and personnel who work for us as freelancers or contractors). If you (or your organization) are:
§ in receipt of services from us;
§ supply products or services to us; or
§ otherwise partner with us;
we may collect and process your Personal Data in connection with our provision of those Services to you, our receipt of those Services from you and/or our partnership. This may include Personal Data included in any email or telephone communications or recorded on any document relating to an order for the Services.
· Job applicants: If you apply for a job with us, whether through our Website or otherwise, we will collect and process your Personal Data in connection with your application.
· Shareholders: If you are a shareholder of our Group Companies, we will process your personal data in relation to your investment and for our reporting obligations.
We also make available a Market Place platform where individuals can download applications developed by Alchimetis or by third parties (the “Applications”). This Notice will apply to our processing of your Personal Data during your use of the Applications when the Applications are provided by us, and the Application shall include a link to this Notice. When Applications are provided by a third party, the privacy statement of the relevant third party will apply.
Some of our Services include processing of data on behalf of our Customers in relation to applications, tools or software that we provide (“Hosted Data”). Save for the limited circumstances set out in this Notice, we are not the data controller of this Hosted Data as we do not determine the purposes or the means of the processing. If you believe your Personal Data is being processed by us in this way you should refer to the privacy notice of the data controller on whose behalf we are acting.
**3. WHAT PERSONAL DATA DOES ALCHIMETIS COLLECT, HOW DO WE USE YOUR PERSONAL DATA AND WHAT LEGAL BASIS DO WE RELY ON?
· administering your account (including when you subscribe and sign-up to any of our Services), assessing the needs of your business to suggest suitable Services and respond to service requests, questions or concerns.
· facilitating your transactions with other users when you use our Services.
· to prevent or respond to any misuse of our Services or Applications or any violations of our Terms and any applicable laws.
· collection of subscription fees.
· contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number of the Account admin;
· billing information, such as credit card number and billing address details about payments made between you and us; details of Services purchased from us;
· name and e-mail address when Account admin/Agent(s) provide feedback from within the Service(s);
· unique identifiers, such as username, account number or password
· your feedback and survey responses; and
· the content of any messaging you send us in a service request, question or concern including via email, telephone or via the Website.
· contact information, such as name, email address, mailing address, phone number, and (subject to local laws) links to your social networking profiles;
· any other information you volunteer, including during any interview or your interactions with us and contained in the resume that you submit to us;
· personal data obtained from any third parties we work with in relation to our recruitment activities, including without limitation (and subject to local laws), recruitment agencies, background check providers, credit reference agencies and your referees; and
· details of your education, qualifications and employment history, any other personal data which is contained in any reference about you that we receive. Such information may also include special categories of personal data (such as information about your health, any medical conditions and your health and sickness records) and information relating to criminal convictions and offences (only if that information is relevant to the role you are applying for and subject to local laws).
· We may process your name, email address, designation and company name to communicate with you about such events where you have specifically requested information about such events or where we have another lawful basis for sending that information to you.
· When you attend an event conducted by Alchimetis, including webinars or seminars, we may collect your contact information such as name, e-mail address, phone number, designation and company name to record your attendance at the event and for related record-keeping purposes.
· If you attend any user conferences hosted by us at physical location where we serve food and other refreshments, we collect information about your food preferences and allergies.
· You may also feature in photographs taken at our events and such photographs may appear in publications that we make available.
· From time to time, we may run prize draws, prize
· competitions and other promotions on our Site and/or on our social media accounts.
· For the purposes of administering such promotions, we may process:
· your name, e-mail address, company name, designation, company website URL, IP address, location and contact information, banking details;
· information about when your current or previous sessions started, IP address; browser type and operating system; geolocation, any other unique numbers assigned to a device and other data that is collected through your interactions with third party websites and services; and
· any other personal data volunteered by you or that we ask for in relation to your promotion entry.
· contact information such as name, e-mail address, mailing address, or phone number;
· information about your business, such as company name, company size, business type; and
· IP address; browser type and operating system; geolocation; any other unique numbers assigned to a device.
· analyzing trends;
· administering the Website;
· to count users who have visited our Site and collect other types of information including insights about visitors’ browsing habits on the Websites;
· gathering demographic information about our user base as a whole;
· to learn what parts of our Website are most popular and what kind of features and functionalities our visitors like to see;
· to help us understand the type of marketing content that is most likely to appeal to our visitors and Customers; and
· to help us with the selection of future product and service lines, website design and to remember your preferences.
· Analytics opt-out for products other than, Alchimetis and Daily Compliance Suite: Customers may opt-out of analytics by writing to email@example.com.
· We may use your Personal Data to: a) respond to lawful requests by public authorities, including meeting national security or law enforcement requirements; b) when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, police request or other legal process served on us; c) to protect the rights of third parties; and d) in connection with a business transition such as a merger, reorganization, acquisition by another company, or sale of any of our assets.
**4. WITH WHOM DO WE SHARE PERSONAL DATA?
We process Personal Data in the countries in which we are established, including the United States, the United Kingdom and the European Economic Area (“EEA”) and in other countries where third parties that we may use are based.
You may refer to the Alchimetis Data Hosting page here for more information about the locations in which the Hosted Data (i.e., that which we process as a Processor during the provision of our Services) is stored.
When processing your Personal Data, we may need to share it with other third parties (including other entities within our Group of Companies), as set out below. This list is non-exhaustive and there may be circumstances where we need to share Personal Data with other third parties:
· With third parties assisting Alchimetis in providing our Customers with the Service(s) (“Sub-Processors" listed here). Our Sub-Processors are given access to Customers’ Account and Service Data only as reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations in their service agreements;
· With third party service providers providing us with services, such as research and analytics, anti-spamming and anti-phishing services, marketing and data enrichment or for them to reach out to you on our behalf;
· For Freshinbox users: with third parties to permit such third parties to provide services that help us to provide our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Services
· With third party payment processors who process your credit card and other payment information for Alchimetis but who are otherwise not permitted to store, retain or use such information;
· With third party partners for the purpose of assisting us in onboarding you and providing any further support needed to use our Services;
· With sponsors of contests for which you register;
· With third-party service providers that are assisting us with the operation and administration of events. If we are running an event in partnership with other organizations, we will share your Personal Data with such organizations for use in relation to the event;
· With third-party social media networks, advertising networks and websites;
· With external recruiters, and related organizations such as third-party providers that undertake employee background checks on our behalf and on behalf of other entities within our Group of Companies;
· With auditors, lawyers, accountants and other professional advisers who advise and assist us in relation to the lawful and effective management of our organization and in relation to any disputes we may become involved in;
· Law enforcement or other government and regulatory agencies and bodies or other third parties as required by, and in accordance with, applicable law or regulation;
· With Affiliates within Alchimetis and companies that we will acquire in the future when they are made part of the Alchimetis group – this may be for customer support, marketing, technical operations, account management or organizational purposes and to provide, enhance and improve the Services;
· If we are involved in a merger, reorganization or other fundamental corporate change with a third party, or sell/buy a business unit to/from a third party, or if all or a portion of our business, assets or stock are acquired by a third party, with such third party including at the due diligence stage;
· Other third parties - Occasionally, we may receive requests from third parties with authority to obtain disclosure of Personal Data, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, or to establish, exercise or defend legal rights. We will only fulfil requests for Personal Data where we are permitted to do so in accordance with applicable law or regulation.
· When you connect your Gmail mailbox with your Alchimetis Account (see section 14 (Google API Disclosure) below).
Where necessary (such as when we transfer data to service providers) we put in place appropriate contractual arrangements and security mechanisms to protect the Personal Data shared and to comply with our data protection, confidentiality and security standards and obligations. Further details can be provided upon request.
**5. INTERNATIONAL TRANSFER OF DATA
When making any transfers of Personal Data from the EEA, Switzerland and the UK to countries which do not have the same data protection laws as the EEA, Switzerland and the UK we will comply with our legal and regulatory obligations in relation to your Personal Data, including having a lawful basis for transferring Personal Data and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Data. We will take reasonable steps to ensure the security of your Personal Data in accordance with applicable data protection laws.
When transferring your Personal Data outside the EEA, Switzerland and the UK, we will, where required by applicable law, implement at least one of the safeguards set out below:
**Adequacy decisions: **We may transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the UK and/or European Union authorities. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
Model Clauses: Where we use certain service providers we may use specific contracts approved by the UK and/or European Authorities which give Personal Data the same protection it has in the UK and the EEA. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/data- transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
This is true whether or not the transfer is within our group, or to a third party.
With respect to Personal Data received or transferred to the United States, Alchimetis Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
With respect to Personal Data subject to LGPD’s jurisdiction, Alchimetis Inc. will also accomplish LGPD’s requirements for transfers of Personal Data to countries which do not have the same data protection laws.
In certain situations, Alchimetis Inc. and/or its Group Companies may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
**HOW DOES ALCHIMETIS KEEP PERSONAL DATA SECURE?
We use appropriate technical and organizational measures to protect the Personal Data that we collect and process. We have implemented information security policies, rules and technical measures to protect the Personal Data under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. In addition, all our employees and data processors (i.e. those who process your Personal Data on our behalf) are obliged to respect the confidentiality of the Personal Data of all users of our Website and those who purchase our Services. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data.
While information security risks are always evolving, so are the controls. The controls, so implemented, are periodically reviewed as part of internal and external audits. If you have questions about the security of your Personal Data, please contact us using the details in section 18.
**7. EEA, UK AND SWISS SPECIFIC RIGHTS
**A) Collected Data (excluding Hosted Data)
If you are an individual resident in EEA, UK or Switzerland, you have the following data protection rights regarding Collected Data:
If you wish to exercise any of the following rights in relation to your Personal Data (hereinafter referred to as a “Request”), you can do so at any time by contacting us using the details in section 18:
We respond to all Requests we receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws. We can only process requests after we have verified your identity which may mean requesting further information from you.
B) Hosted Data
As explained above, some of our Services including processing data on behalf of our customers in relation to Applications, tools or software that we provide. Save for the limited circumstances set out in this Notice, we are not the Data Controller of this Hosted Data as we do not determine the purposes or the means of the processing.
If you wish to access, correct, update, modify or delete Hosted Data or if you would no longer like to be contacted by one of our Customers you should direct your query to the Customer, who is the Data Controller of your data. If requested by the Customer to action a Request, we will respond within a reasonable timeframe.
If you are a Customer of our Services and wish to raise a Request on behalf of data subjects in connection with Hosted Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.
**8. CALIFORNIA-RESIDENT SPECIFIC RIGHTS
To the extent you are a 'consumer' as defined under the California Consumer Privacy Act of 2018 ("CCPA") and Alchimetis is a 'business' as defined under CCPA, the following applies to you:
Under the CCPA, “personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Subject to the provisions of the CCPA, you have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your personal information over the past 12 months.
**Right to request for information
You have the right to request information about:
· Categories of Personal Information Alchimetis has collected about you.
· Specific pieces of Personal Information Alchimetis has collected about you.
· Categories of sources from which the Personal Information is collected.
· Business or commercial purpose for collecting Personal Information.
· Categories of third parties with whom the business shares Personal Information
The list of categories of Personal Information collected and disclosed about consumers during the prior 12 months, and that may be collected and disclosed going forward, are listed under the section 'WHAT PERSONAL DATA DOES ALCHIMETIS COLLECT, HOW DO WE USE YOUR PERSONAL DATA AND WHAT LEGAL BASIS DO WE RELY ON' and the list of categories of third parties to whom the Personal Information was or may be disclosed are listed under the heading 'WITH WHOM DO WE SHARE PERSONAL DATA?'.
**b. Right to request for deletion of any Personal Information collected about you by Alchimetis.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
**c. How to submit an access or deletion request:
If you seek to exercise the foregoing rights to access or delete Personal Information, please contact us at firstname.lastname@example.org or write to us here. We respond to all requests we receive from you wishing to exercise your CCPA rights within a reasonable timeframe in accordance with applicable data protection laws. By writing to us, you agree to receive communication from us seeking information from you in order to verify you to be the consumer from whom we have collected the Personal Information and such other information as reasonably required to enable us to honor your request.
Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.
We will not discriminate against you for exercising any of your CCPA rights.
d. Sale of Personal Information. Alchimetis does not sell your Personal Information, as that term “sell” is defined under the CCPA.
**Alchimetis does not sell your Personal Data.
The LGPD grants control and self-determination to data subjects and provides compliance responsibilities for organizations such as Alchimetis in regard to personal data whose data subject is located within Brazilian territory at the moment of data collection or to any offering or providing of goods or service for individuals located within Brazilian territory. The LGPD gives national regulators powers to impose significant fines and indemnification liabilities on organizations that breach this law. All content of this notice and Alchimetis’s processing of personal data are in strict compliance with LGPD, where applicable. At Alchimetis we take a global approach to ensure all members benefit from increased control and clarity, which is in line with our commitment to putting our Customers first and working every day to maintain the trust they put in us.
LGPD grants the following rights to those individuals subject to its jurisdiction:
· If we have collected and processed your Personal Data with your consent, you can withdraw your consent at any time, for all or part of the data. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent, in case which (as other applicable situations) you have the right to know what data we can retain.
· You also have the right to know what the consequences of you withdrawing consent will be (for example, if it will prevent you from receiving a service).
**10. OPTING OUT PROCEDURE
If you no longer wish to receive marketing communications from Alchimetis, you may click on the “unsubscribe” link located on the bottom of our marketing emails or you can contact us at email@example.com. When using our Mobile Applications, you also have the option to turn off push notifications.
If you would like to object to the use of your Personal Data for analytics, you can contact us at firstname.lastname@example.org
**11. OTHER COMMUNICATIONS
If you are our Customer, we will send you announcements (email or in product notifications related to the Services) on occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of such communications as they are a key part of delivering our Services to your effectively. If you do not wish to receive them, you may deactivate your Account.
**12. RETENTION OF PERSONAL DATA
We will retain Personal Data only as long as is necessary for the purposes for which it is collected, as set out in this Notice. We will also retain it as necessary to comply with our legal obligations, for legal and litigation purposes, to maintain accurate financial and other records, deal with complaints, and enforce our agreements.
Generally, in respect of Personal Data that we process in connection with the supply of our Services, we may retain your Personal Data for up to six years from the date of supply of the relevant Services and in compliance with our data protection obligations. We may then destroy such files without further notice or liability.
Where we process any other Personal Data, we will generally retain relevant Personal Data for up to three years from the date of our last interaction with you (and in compliance with our data protection obligations). We may then destroy such files without further notice or liability.
If any Personal Data is only useful for a short period (e.g., for a specific activity, promotion or marketing campaign), we will not retain it for longer than the period for which it is used by us.If you have opted out of receiving marketing communications from us, we will need to retain certain Personal Data on a suppression list indefinitely so that we know not to send you further marketing communications in the future. However, we will not use this Personal Data to send you further marketing unless you subsequently opt back in to receive such marketing.
Should you apply to work for us, we will retain data from your application for a limited period for record keeping and legal purposes. We may (subject to laws in your jurisdiction) also retain your data in order to contact you if a role arises for which we think you would be suitable. Further information about this will be provided during the application process and we will ask for consent where necessary according to local law.
The above examples may vary in some cases due to local laws, liability periods and mandatory retention requirements. For example, if certain information needs to be retained for longer according to local laws, regulations or because different legal limitation periods apply, then we will keep the Personal Data for these longer periods.
**13. LINKS TO THIRD PARTY SITES
Our Websites contain links to other websites that are not owned or controlled by Alchimetis. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects Personal Data.
14. GOOGLE API DISCLOSURE
Alchimetis has developed a functionality that allows its customers to connect their Gmail mailbox using Oauth with our products. Connecting your Gmail mailbox to your Alchimetis account allows Alchimetis to associate your account with your personal information on Google, to see your personal information, including any personal information you have made available, to view your email address and access your emails in order to create them as a ticket in our products, and to transmit the Service Data to third-party applications listed on Alchimetis’ Marketplace that you integrate with your Account. The connection will further allow you to respond to your emails directly from our product and to delete them once they are fetched into our product.
Alchimetis's use of information received from Google APIs will adhere to Google API Services User Data Policy's App's, including the Limited Use requirement.
**15. CHILDREN'S PERSONAL DATA
Alchimetis does not knowingly collect any Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through our Websites or Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Notice by instructing their children never to provide Personal Data through our Services or Websites without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through our Websites or Services, please contact us using the details in section 18 and we will endeavor to delete that information and terminate the child's account from our databases.
Amendments to this Notice will be posted to this URL and will be effective when posted. If we make any material changes, we will notify you by means of a conspicuous notice on this Website or via e-mail or via in-product notification, but we encourage you to review this Notice periodically to keep up to date on how we use your Personal Data. You should frequently visit this Notice to stay fully informed. Your continued use of our Websites or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Websites or Service(s), if you do not accept the terms of this Notice, or any modified version of this Notice.
**17. EFFECT OF MERGER OR ACQUISITION
In the event Alchimetis goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customers’ Accounts, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Websites to notify you of any such change in ownership or control and Customers will be notified via an e-mail
18. CONTACTING ALCHIMETIS
If you have any questions about this Privacy Notice or our privacy practices, you can contact us at email@example.com or via postal mail at Alchimetis Inc., 2950 S.Delaware Street, Suite 201, San Mateo, CA 94403 at the attention of the Data Protection Officer with a copy to firstname.lastname@example.org.
Annex 1 – Definitions
"Controller", "Data Subject", "Personal Data Breach", "Processor" and "Process" shall have the meaning given to them in the GDPR or other applicable law.
**“Account”: ** means any accounts or instances created by or on behalf of Customer for access to and use of any of the Service(s).
“Affiliate”: means, with respect to a Alchimetis entity, any entity that directly or indirectly controls, is controlled by, or is under common control with such Alchimetis entity, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
**“API”: **means the application programming interfaces developed, enabled by, or licensed to Provider that permits a User to access certain functionality provided by the Service(s).
“Apps”: mean the software applications listed on the Market Place which are created, developed, licensed, or owned by third-party developers. The term also includes any updates, upgrades and other changes to such software applications and versions thereof.
“Documentation”: means any published data sheet provided by Alchimetis detailing the functionalities of the Software.
"GDPR" shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, and any legislation relating to the processing of personal data effective in the UK and/or Switzerland that is intended to replicate or maintain some or all of the provisions, rights and obligations set out in Regulation (EU) 2016/679, as relevant.
“LGPD” means “*Lei Geral de Proteção de Dados Pessoais*”, which corresponds to the Brazilian data protection law no. 13.709/2018.
“Market Place”: means an online marketplace for Apps that interoperate with the Service(s). Its Website(s) is https://www.Alchimetis.com/apps/.
“Mobile Applications”: mean the software applications created, developed, and owned by Alchimetis to enable access and use of the Service(s) through mobile or other handheld devices (such as apps on iOS or Android devices).
"Personal Data" shall mean any information relating to an identified or identifiable natural person as defined by the General Data Protection Regulation of the European Union ("GDPR" EC-2016/679).
‘Processing”/“To Process”: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
**“Service Data": **means all electronic data, text, messages or other materials, including without limitation Personal Data of Users and End-Users, submitted to the Service(s) by Customer through Customer’s Account in connection with Customer’ use of the Service(s).
“Service(s)”: ** mean and include Freshdesk, Freshservice, Freshsales, Freshchat, Freshcaller, Freshteam, Freshmarketer, Freshconnect, Freshinbox, Freshsuccess, Freshping or Freshstatus and/or any new services that Provider may introduce as Service(s) to which Customer may subscribe to and any Updates, modifications or improvements to the Service(s), including individually and collectively, Software, the API and any Documentation, but exclude any Apps or APIs that belong to third parties. Software:** means software provided by Alchimetis (either by download or access through the internet) that allows Customer to use any functionality in connection with the Service(s) and includes Mobile Application(s), but excludes any Apps or APIs that belong to third parties.
**Purpose: Advertising and marketing to our Customers and prospective leads - advertising to other people who share similar interests and characteristics to you (or if you are someone that sees such advertising). We will provide your Personal Data to third-party providers of Social Platforms as described in the “**advertising to you on social media and other platforms” and the “[Cookies and Similar Technologies](https://www.freshworks.com/list-of-cookies/)” sections. If you are a user of those Social Platforms, we may ask the third-party providers of those Social Platforms to find other registered users of their services who share similar interests and characteristics to you, which will be based on information that the third party holds about you and its other registered users. This is known as “lookalike” audience advertising because we are trying to show our advertising to people who “look like” you. If you are someone who has seen this advertising on a Social Platform, please note that this activity is based on data that you have provided to the Social Platform (which we do not receive) and is also subject to the privacy choices you have elected to make on such third-party services.Please see the “**advertising to you on social media and other platforms” section for details of the lawful basis that we rely on to share your personal data with the Social Platforms. It is in our legitimate interests to further use your Personal Data to advertise our Services to other individuals that use those Social Platforms and who share similar interests and characteristics with you. If you are someone who has seen this advertising on a Social Platform, it is in our legitimate interests that the Social Platform uses the data that you have provided to it to advertise our Services, although please note that we do not receive this data and you should exercise your rights in respect of such data in accordance with the privacy notice of the relevant Social Platform.