Last Updated: 02/24/2021
Table of Contents
12. Data Security
1. Application and Introduction
“Affiliate(s)” means means the Company’s owners, officers, directors, affiliated companies, suppliers, partners, sponsors, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the ClipSuite Platform and any of the Company’s other Services (including Apple and Google).
“App” means any software applications (including desktop applications) or mobile applications from time to time made available by Clip for purposes of accessing the Platform and that may be downloaded, installed or made otherwise accessible on a User’s computer or mobile device via the Site, desktop application, the Apple App Store, the Google Play Store, or other similar platforms.
“Corporate User” means a user of the Platform that is accessing and using the Platform through their employer, a company or a Corporate Customer (which includes accessing a Corporate Customer specific version or instance of the Platform).
“Services” means, collectively, (a) access to and use of the ClipSuite Platform, (b) any additional services or offerings that may be provided by Company relating to the ClipSuite Platform, including without limitation any Premium Features or other services agreed upon by the Parties in an Order, and (c) any support services and related technologies, software and/or APIs that may be provided by the Company in its sole discretion for facilitating, maintaining and monitoring your use of the foregoing.
“Site(s)” means the www.clipautomation.com website and all other website(s) made available by Company for purposes of facilitating access to and use of the ClipSuite Platform.
“User Content” means any data, information, results, reports, communications, post, content, documents, instructions, files, videos, audio files, data files, databases, log files or other materials that a User directly or indirectly (i) uploads, provides, inputs or transmits to the ClipSuite Platform or (ii) otherwise provides or makes available to Company related to the Services, including, without limitation, any manufacturing or equipment data or results.
3. Notice to Corporate Users.
5. Types of Information Collected.
In order to better provide Users with access to the Platform and Clip’s other numerous Services, Clip collects different types of information as described below (collectively referred to as “User Information”). Clip’s primary goals in collecting information from User are to provide User with a smooth, efficient, and customized experience while using the Platform or any of Clip’s other Services, to provide the Services and to collect information related to the Platform and the other Services.
5.1 Information You Provide to Us. When you use the Platform or interact with us, you may provide us certain information or permit us to receive information from third parties.
A. Account and User Information. We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Platform. This information lets Clip know the specifics of who Users are. When User engages in certain activities on the ClipSuite Platform or otherwise related to the Services, Clip may ask User to provide certain information about User. For example, if you fill out a form or register for our Platform, Clip may ask you to provide personal information, such as first and last name, email address and telephone number and Users may be required to provide additional personal information to become a User and to use certain Services. Depending upon the activity, some of the information Clip asks User to provide is identified as mandatory and some as voluntary. If User does not provide the mandatory information with respect to a particular activity (for example, subscribing to a Premium Feature or purchasing any paid Services), User will not be able to engage in that activity.
B. Payment Information. We (or our service providers) will also collect certain personal information (e.g., name, billing address and credit card information) as required to process User payments for the Platform in accordance with our Terms of Service.
C. User Content. The ClipSuite Platform enables Users to post, send, receive and share User Content with the ClipSuite Platform and to otherwise interact with the Company and other Users. Examples of User Content that you may post to or send to the Platform include: updates, comments, questions, workflows, product or device information, videos, documents, databases, excel files, images any other files and content. To the extent that you post, send, receive and share User Content that is or includes User Information, or otherwise interact with the Company and other Users via the ClipSuite Platform in a manner that involves the submission or sharing of User Information, we will collect and store that User Information. For instance, your public profile on the Platform may include some User Information, such as your name, your profile photo (if any), and other information that we think may be useful to other Users.
D. Support Requests. The Platform may include customer support – e.g. we may allow you to submit information regarding an issue you are experiencing with the Platform. When you open a support ticket, speak to one of our support specialists, or otherwise engage with our support team, you may be asked to provide contact information, a summary of the issue you are experiencing, and any other information, data, documentation or content that would be helpful in resolving the issue.
E. Third Party Information. We may collect, store and use certain personal information from third party sites and services that are accessible via or integrated with the Platform or are contemplated by use of the Services (e.g. Google, Apple accounts, etc.), including information that may be transmitted by such third party sites in connection with use of the Services. For example, when you use the Platform, you may be permitted to login through a third party service or account (e.g. Google accounts or Apple accounts). By utilizing such third party logins, you will be sharing certain of your account information from such third party. When a third party service is used, you authorize us to connect and access information made available to us in accordance with our agreement with the third party provider and any permission(s) granted by you.
5.2 Automatically Collected Information. When you use the Platform, we automatically collect certain information related to your use of the Platform.
A. Device and Access Information. We collect device IDs and IP addresses (and in some jurisdictions IP addresses may be considered personal information depending on what is exactly collected and how it is used). We may collect the address of the web page visited before using the Platform, browser type and settings, your operating system, the date and time the Platform was used, information about browser configuration and plugins, language preferences and cookie data.
B. Usage Information. When you use the Platform, we collect certain usage information related to that use of the Platform. This information may include the pages you visit, the users you interact with, the topics you are interested in, the posts you view, metadata that is generated by your use, etc.
C. Location Information. We receive information from you that helps us approximate your location. We may, for example, use an address submitted by you, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.
E. Third Party Information. We may collect, store and use certain information from third party sites and services that are accessible via or integrated with the Platform or are contemplated by use of the Services. For example, we may allow the integration and import of information from Jira, Slack and WhatsApp if you authorize and permit this. While you will initially authorize this, certain information may be automatically imported after the initial account is connected based on the functionality of the integration.
5.3 Information Received From Third Parties
A. Other Users. Due to the nature of the Platform, other users may have the ability to provide information related to you in the Platform (e.g. when they submit information in the Platform). We also receive your contact information or email address from other users if they provide it in order to invite you to the Platform. This may include invites from your colleagues, contacts or employer.
6. Methods of Collection.
6.1 Your Disclosure of Information. As described above in Section 4.1, a User voluntarily provides certain information directly to Clip when it uses our Platform or uses/authorizes a third party site or account with the Platform. For example, a User provides information to us directly when a User (i) submits web forms or provides/imports information through the Platform, including information provided at the time of registering to use the Platform; (ii) transmits other information by telephone or email, including Clip’s “contact us” web form; (iii) connects third party accounts or facilitates access by the Platform to such third party sites; (iv) accesses and/or downloads and installs an App (in each case as applicable); (v) provides information on the Platform or allows the Platform to access certain device permissions or settings; (vi) subscribes to certain Premium Features or other paid Services, or (vii) provides it via other methods Clip may request or allow from time to time. Clip may also collect information from a User at other locations on the Platform that state that such information is being collected.
6.3 Other Potential Methods for Collecting User Information. Clip, and/or its Affiliates or its service and technology providers may use various other methods to collect User Information. These methods may include, but are not limited to (i) cookies – a small text file containing a string of alphanumeric characters placed on User’s computer or mobile device that identifies User’s web browser; (ii) analytics and user tracking technologies that may allow us to monitor what actions Users take on the Platform or otherwise with respect to the Services; (iii) log Files – information, which is automatically reported by User’s web browser each time User views a web page, possibly including, but not limited to, User’s IP address, browser type and language, number of clicks, domain names of websites visited, pages viewed, and the order of those pages, the amount of time spent on particular pages, the date and time; (iv) clear gifs – web beacons, which are pieces of data used to track the online usage patterns of Users anonymously, and which may also be used in HTML-based emails sent to Users to track which emails are opened by recipients; (v) third party service-based technologies and information, including, but not limited to, linked services (such as Google Accounts) that User authorizes to share information about User with Clip; (vi) other social media or third party site connects or authorizations to share information; (vii) other available technologies that may be integrated into the Platform or the other Services; and (viii) requests for data or information collected through the Platform or the other Services.
6.4 User Content. Please note that the ClipSuite Platform is designed to enable Users to post, send, receive and share User Content with the ClipSuite Platform and to otherwise interact with the Company and other Users. To the extent that you post, send, receive and share User Content that is or includes User Information, or otherwise interact with the Company and other Users via the ClipSuite Platform in a manner that involves the submission or sharing of User Information, we will collect and store that User Information.
7. Use of Information.
We use the information we collect or receive as follows, including by sharing it with third parties as described below:
7.1 Providing the ClipSuite Platform and other Services. Clip primarily uses the information we collect to provide the Platform and allow you to use the features and functionality of the Platform and our other Services. For instance, we use registration information collected from Users in order to facilitate their access and use of the Platform. We use information to allow you to interact with the Platform and other Users. We use payment information to process transactions, including any subscriptions. We also use the information we collect to authenticate Users when they log in, provide customer support, and to generally operate and maintain the Services.
7.2 Improving Our ClipSuite Services. We may use the information we collect and feedback we receive to improve our Platform and other Services, including troubleshooting errors and identifying trends, usage, activity patterns, and areas for integration, and to develop new products, features and technologies that benefit our user community and the Platform.
7.3 Communications with Users. We use contact information provided by our Users to communicate with them regarding the Platform and other Services. For instance, we may communicate with our Users by sending transactional communications via email and within the Platform, including confirming purchases, reminding Users of subscription expirations, responding to comments, questions and requests, providing customer support, and sending technical notices, updates, security alerts, and administrative messages.
7.4 Support. We use User information to resolve technical issues that Users encounter, to respond to requests for assistance, to analyze crash information, and to repair and improve the Platform and Services generally.
7.5 For Safety and Security. We use information about Users use to verify accounts and activity, to detect, prevent, and respond to potential or actual security incidents and to monitor and protect against other malicious, deceptive, fraudulent or illegal activity, including violations of our policies.
7.6 User Content. As previously noted, the Platform is designed to enable Users to post, send, receive and share User Content within the Platform, the broader Platform community and to otherwise interact with other Users. To the extent that User Content is posted, sent, received or shared within the Platform, we will collect, store, use and share that User Content consistent with the applicable settings and preferences selected by the User and/or (if applicable) his or her Corporate Customer. We may also share User Content across the Platform subject to our rights under the applicable consumer Terms of Service or Corporate Customer Contract.
7.7 Business Use of Aggregated or Anonymous Data. Unless restricted by applicable law, we may also use the information collected, including User Content, on an anonymized, deidentified and/or aggregated basis for our business and commercial purposes, including, for industry tracking and analysis, developing and sharing reports related thereto and for our other business purposes. We may also share this information with our third party business partners for their business or commercial purposes.
7.8 Legal Actions. We may also share any information we store or collect in response to a legal process, or when necessary to protect our Platform, our other Services or our Corporate Customer’s services and offerings, or if otherwise required or recommended by applicable law. We may also share the information with law enforcement on a proactive basis if the information relates to potential illegal or fraudulent activities.
7.9 Bankruptcy and Acquisitions. In the event that the ownership of Clip or an affiliate or their assets changes as a result of a merger, acquisition, sale of assets, change of control or in the unlikely event of a bankruptcy, the information we have collected may be transferred to another company. If we believe a transfer results in a material change in the use of the information we’ve collected or received about our Corporate Customers and Users, we will provide notice and choices consistent with applicable law.
8. Sharing of User Information.
Clip may share and disclose User Information with third parties, including as follows:
8.1 Our Service Providers. We may engage third parties to provide certain portions of the Platform or other Services and we may provide User Information to them in order to facilitate their activities (e.g. hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, etc.). These parties are also known as our Subprocessors as defined and more fully described below.
8.2 Partners. We may share your User Information that is aggregated, deidentified and/or anonymous with our corporate partners, and other third parties related to our business or for their business or commercial purposes.
8.3 Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger, sale or transfer of all or a substantial part of our business, we may transfer all information we have collected and stored, including User Information, to the party or parties involved in the transaction as part of that transaction.
8.4 For Collaboration With Other Service Users. The ClipSuite Platform is designed to facilitate collaboration and the sharing of User Content with other users of the ClipSuite Platform. Accordingly, subject to the account preferences and settings you select, when you post, share, or upload User Content to the public facing portions of the ClipSuite Platform, we may share any or all of the User Information included in or associated with that User Content. For instance, some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. Additionally, if you elect to participate in a community forum, group or channel within the ClipSpace Platform, the information you share in that forum (including profile information associated with the account you use to post the information) may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account.
8.5 Other Uses. We may share your User Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Service and Corporate Customer Agreements; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
9. California Consumer Privacy Act – CCPA.
California has adopted the California Consumer Privacy Act of 2018 (as amended, “CCPA”). The CCPA relates to how businesses collect, use, and disclose “Personal Information” relating to California residents. The phrase “Personal Information” is defined by the CCPA as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Personal Information of a Consumer (as defined by CCPA) includes things such as: identifiers (such as contact information, government IDs, cookies, etc.), information protected against security breaches (such as a Consumer’s name and financial account, driver’s license, social security number, user name and password, health/medical information), protected classification information (like race, gender, ethnicity, etc.), commercial information, Internet/electronic activity, precise geolocation, audio/video data, professional or employment related information, education information, biometrics, and inferences from the foregoing.
10. General Data Protection Regulation – GDPR.
Users that are residents of the European Economic Area or certain other European countries have certain rights under the European Union’s General Data Protection Regulation and/or other applicable European privacy laws (collectively, “GDPR”). Those Users are referred to as “Data Subjects” by the GDPR and the GDPR applies to “Personal Data” of those Users. “Personal Data” is defined as information relating to an identified or identifiable Data Subject (as defined by GDPR).
Clip may from time to time use certain subcontractors (i.e., subprocessors) in connection with providing the ClipSuite Services (“Subprocessors”). See our Subprocessor List for more information regarding the specific Subprocessors we use. The ClipSuite Data Processing Addendum also provides additional information regarding the Subprocessors we use.
12. Data Security.
Clip implements industry standard practices on information security management to safeguard information we collect via the ClipSuite Platform and other Services. Our information security systems apply to people, processes and information technology systems on a risk management basis.
Because no method of transmission over the Internet, or method of electronic storage, is 100% secure, Clip cannot guarantee that unauthorized parties will not gain access to information or data processed by the ClipSuite Services. Clip will promptly notify Users of any data breach or security incident impacting information or data collected from Users in any material respect. To the extent permitted by applicable law, Clip expressly excludes any liability arising from any unauthorized access to personal or sensitive information.
13. Updating and Correcting Information.
Clip believes Users should have the ability to access and edit the User Information that you have provided to Clip. Users may contact Clip to determine what User Information we have on such User by contacting Clip through the appropriate contact information or web forms located on the Platform.
Please include first and last name, address, and email address when contacting Clip. Clip encourages each User to promptly update their User Information if it changes. In addition, it may be impossible to completely delete a User’s User Information without some residual information because of reasons including, but not limited to, server backups and disaster recovery. User acknowledges that altering, updating or deleting any User Information may alter the functioning or operation of the Platform or other Services for User.
14. User Choices on Collection and Use of Information.
14.2 Disabling Cookies. User also has choices with respect to cookies, as described below. By modifying browser preferences, User may have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If User chooses to reject all or some cookies, some parts of the ClipSuite Platform or Clip’s other Services may not work properly in User’s case.
14.3 Opt-Out. At any time, you may opt out of allowing us to use your User Information by contacting us at the information set forth below in Section 19. We will process your request within a reasonable time. However, please note that in certain instances, we may have already used or shared your User Information consistent with this Policy prior to your opt out. In addition, you may not be able to use the Platform or other Services if you opt-out.
14.4 Platform Settings. Clip may offer certain settings in the Platform that allow you to control what information is accessible to others or Clip. If you limit or remove information that Clip requires to provide the Platform, you may not be able to use the Platform.
15. Security of Information.
The importance of security for all User Information associated with Clip’s Users is important to Clip. Clip values the privacy and security of User Information and uses reasonable efforts to protect such information so that it is secure. However, User acknowledges that no data transmission or hosting over the Internet or any wired or wireless network can be guaranteed to be 100% secure and neither can the storage of such data or information. As a result, while Clip strives to protect User Information, User acknowledges that (i) there are security and privacy limitations of the Internet and mobile platforms which are beyond Clip’s control; (ii) the security, integrity and privacy of any and all information and data exchanged between User and Clip through the Platform or other Services and data and information that is stored by Clip cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit or in rest by a third party. AS A RESULT, WITH REGARD TO THE SECURITY AND INTEGRITY OF USER INFORMATION, USER USES THE PLATFORM AND ALL OF THE OTHER SERVICES AT USER’S OWN RISK.
16. Additional Information on Cookies and Other Tracking Technologies.
17. Third Party Providers; Scope.
17.1 Third Party Service Providers. As described above, we may use third party service providers to facilitate use and operation of the Platform or in connection with our other Services. Your User Information may be provided to and used by such third parties. See our Subprocessor page for more information about these third parties and their privacy practices. To the extent possible, we seek to limit the rights of these parties with respect to your User Information where reasonable, and we do not grant any rights to these organizations to use this information for any marketing or other purpose beyond providing services to us to manage business activities.
18. Do Not Track Disclosures; California Requirements.
18.2 Request of Information for California Users. California Civil Code Section 1798.83 entitles California Users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California Users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the “How to Contact Us” section below.
19. Miscellaneous Terms.
19.1 Age Policies. User must be at least 18 years old to have Clip’s permission to use any of the Services. Clip’s policy is that Clip does not knowingly collect, use or disclose any User Information (or other information) about Users that are under 13 years of age.
19.4 Data Retention. We may retain and use your User Information as necessary to comply with our legal obligations, or resolve disputes. Consistent with these requirements, we will delete your User Information within the time limits imposed by applicable law, if any. When we have no justifiable business need to process your User Information, we will either delete, anonymize it, aggregate it or, if this is not possible (for example, because your User Information has been stored in backup archives), then we will securely store your User Information in accordance with industry standards and isolate it from any further processing until deletion is possible. While retention requirements can vary by country, we generally retain data for a period of one year after your termination of your account or last use of the Platform. Clip reserves the right to store and use all anonymized and aggregated indefinitely.
19.6 Terms of Service; Use of Terms. Your use of the Services is also subject to, and you agree to, our Terms of Service and/or Corporate Customer Contract applicable to the Services. The term “including” as used in this Policy shall mean “including, without limitation,” unless the context otherwise requires.
19.7 Do Not Sell My Personal Information. Clip does not currently sell or rent information directly to third parties for their separate business use. However, we may sell or share your User Information as we have described or may in the future describe in this Policy. The CCPA provides California consumers with the right to opt-out of the sale of their “Personal Information” (as defined by the CCPA). Accordingly, California consumers may submit requests for Clip not to sell their Personal Information. Clip will honor all verified requests that it receives in the event that Clip proposes to sell the Personal Information it has collected via the Platform or other Services. For more information on this issue, please see the CCPA Addendum.