This privacy policy (“Policy”) explains how Everstage Inc or any of its affiliates or subsidiaries (“We”, “Us”, “Our”) Processes Personal Data collected from natural persons as specified in clause 2 below (“You”), as a Controller.
1. DEFINITIONS
1.1. “Controller” means the natural or legal person, public authority, agency, or other body which alone or jointly with others, determines the purposes and means of the processing of Personal Data.
1.2. “Customer” means the natural or legal person that has subscribed to the Service(s) by agreeing to the Terms of Service or entering into an agreement for subscription to the Service(s).
1.3. “End-User” means any person or entity with whom the Customer interacts using the Service(s).
1.4. “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.5. “Process/Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.6. “Processor” means a natural or legal person, public authority, agency, or other body which Processes Personal Data on behalf of the Controller.
1.7. “Service(s)” means Our cloud-based proprietary service which enables enterprises to track sales commission and other incentive compensation schemes and any new services that We may introduce as a Service to which You may subscribe to, and any updates, modifications or improvements thereto, including individually and collectively, the API and any Documentation.
1.8. “Terms of Service” means the binding contract between Us and You which governs the access and use of the Service(s) by You.
1.9. “Website(s)” means the websites that We operate.
2. HOW WE COLLECT, USE AND SHARE YOUR PERSONAL DATA
2.1. PERSONAL DATA THAT YOU PROVIDE US
2.2. PERSONAL DATA THAT WE COLLECT NOT PROVIDED DIRECTLY BY YOU
If You provide Us with any Personal Data relating to other individuals, You represent that You have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Policy. If You believe that Your Personal Data has been provided to Us improperly, please contact Us by using the information in clause 11 below.
2.3. In addition to the details provided in the table above, We may also share Your Personal Data with
2.3.1. an entity to which we divest all or a portion of Our business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or a portion of Our business.
2.3.2. law enforcement authorities, government authorities, courts, dispute resolution bodies, regulators, auditors, and any party appointed or requested by applicable regulators to carry out investigations or audits of Our activities.
2.3.3. professional advisors who advise and assist Us in enforcing Our contracts and policies, handling Our claims, effective management of Our company and in relation to any disputes We may become involved in.
2.4. We will not be sharing the mobile numbers of US mobile subscribers with any third parties for
marketing/promotional purposes.
3. LEGAL BASIS FOR PROCESSING
3.1. EEA REGION
3.1.1. If You are a data subject from the European Economic Area, Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which We collect it.
3.1.2. We will normally collect Personal Data from You only where it is needed to perform a contract with You, where the processing is in Our legitimate interests and not overridden by Your data protection interests or fundamental rights and freedoms, or where We have Your consent. In some cases, We may also have a legal obligation to collect Personal Data from You. If We process Personal Data with reliance on Your consent, You may withdraw Your consent at any time.
3.2. INDIA
3.2.1. If You are a data principal from India, Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which We collect it.
3.2.2. We will normally collect Personal Data from You only where We have Your consent, except in the scenarios described in Clause 2.1, in which case we will rely on legitimate use for processing of such Personal Data. If We process Personal Data with reliance on Your consent, You may withdraw Your consent at any time.
3.3. If You have questions or need further information concerning the legal basis on which We collect and use Your Personal Data, please contact Us using the contact details provided under Clause 11.
4. INTERNATIONAL TRANSFER
4.1. We mainly Process Personal Data in the United States of America. However, We may transfer Personal Data outside the United States of America for the purposes referred to in Section 2. We will ensure that the recipient of Your Personal Data offers an adequate level of protection that is at least comparable to that which is provided under applicable data protection laws.
4.2. If You are a resident of the European Economic Area and when Your Personal Data is processed outside EEA, We will ensure that the recipient of Your Personal Data offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of Personal Data as approved by the European Commission (Article 46 General Data Privacy Regulation, 2016), or We will ask You for Your prior consent to such international data transfers.
4.3. If You are a resident of India, and where We intend to process Your Personal Data outside India, We will ensure that We do not transfer the Personal Data to any country that is notified as restricted by any applicable regulations or the Government of India from time to time.
5. RETENTION OF PERSONAL DATA
5.1. We retain the Personal Data collected where an ongoing legitimate business requires retention of such Personal Data.
5.2. In the absence of a need to retain Personal Data under Section 5.1. above, We will either delete it or aggregate it, or, if this is not possible then We will securely store Your Personal Data and isolate it from any further Processing until deletion is possible.
6. SECURITY OF PERSONAL DATA
We use appropriate technical and organizational measures to protect the Personal Data that We collect and Process. The measures We use are designed to provide a level of security appropriate to the risk of Processing Your Personal Data. If You have questions about the security of Your Personal Data, please contact Us immediately as described in this Policy.
Limited Use Disclosure: Our use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements
7. YOUR RIGHTS
You are entitled to the following rights:
7.1. You can request Us for access and correction of Your Personal Data.
7.2. If We have collected and processed Your Personal Data with Your consent, then You can withdraw Your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We have conducted prior to Your withdrawal, nor will it affect processing of Your Personal Data conducted in reliance on lawful processing grounds other than consent.
7.3. You have the right to complain to a data protection authority about Our collection and use of Your Personal Data. For more information, please contact Your local data protection authority as specified by the applicable data protection laws.
7.4. You have the right to opt out of marketing communications We send You at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails We send You.
7.5. If You are a resident of the EEA, UK, or Switzerland, You are also entitled to the following rights.
7.5.1. You can request Us for deletion and erasure of Your Personal Data.
7.5.2. You can object to the processing of Your Personal Data, ask Us to restrict the processing of Your Personal Data, or request portability of Your Personal Data.
7.6. If You are a resident of India, You are also entitled to the following rights:
7.6.1. You can request Us for deletion and erasure of Your Personal Data.
7.6.2. You can nominate any other individual, who shall, in the event of Your death or incapacity, be allowed to exercise Your rights as prescribed under the Digital Personal Data Protection Act, 2023.
7.6.3. You are entitled to provide, manage, review or withdraw Your consent through a consent manager.
7.6.4. You can contact Us at the details provided in Clause 11 to register any grievance that You may have in respect of Our collection and use of Your Personal Data.
7.7. If You seek to exercise Your rights under this clause, please contact Us at the details provided in Clause 11. We will verify any requests before acting on the request and 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.
8. COOKIE POLICY
8.1. Cookies are text files that are placed on Your computer to collect standard internet log information and visitor behaviour information by Us. When You visit the Website(s), We may collect Personal Data automatically from You through cookies or similar technology.
8.2. When You access Our Website: We also set cookies to collect information that is used either in aggregate form to help Us understand how our Website(s) are being used or how effective Our marketing campaigns are, to help customise the Website(s) for You or to make advertising messages more relevant to You.
8.3. When You access and/or use Our Services: We set cookies when You access Our Services to provide the features You have requested in the Services, for instance, remembering that You have logged in; make the Services more tailored to You; improve the functionality of the Services, or analyse which features of the Services that You interact with the most and how You engage with them;
8.4. Essential Cookies: We set essential cookies that enable core functionality such as security, network management, and accessibility. You may not opt-out of these cookies. However, You may disable these by changing Your browser settings, but this may affect how the Website(s) functions.
8.5. Analytics, Customisation and Advertising Cookies: We set these cookies to help Us improve Our Website(s) and Services by collecting and reporting information on how You use them . Where You visit the Website, the cookies collect information in a way that does not directly identify anyone.
8.6. When You visit the Website or access the Platform, a cookie banner will be displayed providing additional information about cookies and options to opt out of non-essential cookies as required by applicable laws.
9. PRIVACY OF CHILDREN
We recognize the importance of children's safety and privacy. We do not request, or knowingly collect, any Personal Data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided Us with Personal Data, they should write to us at the email address provided in clause 11.
10. NOTICE TO END-USER AND OTHER EXCLUSIONS
10.1. Our Service(s) are intended for use by enterprises. This Policy is not applicable to Our processing of any Personal Data forming a part of the Customer Data. We may receive End- Users’ Personal Data as a part of the Customer Data for which We will only act as a Processor and such processing will be governed by the Terms. In such a case, the End-User’s data privacy questions and requests should be submitted to the Customer in its capacity as the End-User’s Controller. If We are not responsible for Customers’ privacy or security practices which may be different from this notice.
10.2. Our Website(s) contain links to other websites. Our Policy applies only to Our Website(s), so if You click on a link to another website, You should read their privacy policy. We encourage You to review the privacy statements of any such other websites to understand their Personal Data practices.
11. CONTACT INFORMATION
You may contact us if You have any enquiries or feedback on Our personal data protection policies and procedures, or if You wish to make any request, in the following manner:
Kind Attention: Data protection Officer
Email Address: security@everstage.com
Address:
Everstage Inc.,
3524 Silverside Road, Suite 35B,
Wilmington, DE 19810
12. CHANGES TO THE POLICY
We keep this Policy under regular review and may update this webpage at any time. This Policy may be amended at any time and You shall be notified only if there are material changes to this Policy.
