REALLM TERMS OF SERVICE
Effective Date: December 11, 2018
Reallm Limited, registered in England and Wales with company registration number 11696449 with registered address of 6 Colyton Road, East Dulwich, SE22 0NE and all subsidiary and partner organisations relating to the said company
These Terms of Service ("Terms") form a legal agreement between you and Reallm Limited ("Reallm"), an organisation incorporated under the laws of England and Wales with company registration number 11696449 headquartered in Block M, Biscuit Factory, 100 Drummond Road, SE16 4DG. Reallm is a software-as-a-service ("SaaS") company that offers its users the ability to build and share real-time visualisations and quickly discover actionable insights on your business. The Privacy Statement and GDPR Data Processing Addendum are incorporated into these Terms by reference.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS AND/OR ACCESSING OR USING THE SERVICE, YOU WILL BE BOUND BY THESE TERMS. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. You must also be at least eighteen (18) years old to agree to these Terms. If you do not have such authority, are not at least eighteen, or if you do not agree with these Terms, you may not use the Service. These Terms are effective between you and Reallm as of the Effective Date.
Reallm reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms, at any time. If we modify these Terms, we will provide you with notice of the modification. By continuing to access or use the Service after we have given notice of a modification to the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Service.
1. Definitions:
- 1.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;
- 1.2 "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure;
- 1.3 "Service" means any of Reallm's SaaS offerings or services, including its web application ("App");
- 1.4 "Support" means any assistance that Reallm offers related to its Service;
- 1.5 "User" means your employee, independent contractor, consultant or agent that is identified and authorized by you to use the Service; and,
- 1.6 "Your Data" any data or information that you push or pull into the Service for the purpose of data visualization or to discover actionable insights on your business.
2. Rights and Restrictions:
- 2.1 Subject to these Terms, you are granted a non-exclusive, non-transferable (except as permitted by Reallm or Section 10.5) license: (i) for any number of Users to use the Service for your business purposes; and, if applicable, (ii) to access and use the App on work devices. Only one User can access the Service through a specific user ID and password at a time.
- 2.2 You may not: (i) copy, adapt, change, alter or otherwise modify or create derivative works based on the Service or the App; (ii) decompile, disassemble, or otherwise reverse engineer the Service or the App; (iii) sell, rent, lease, provide, disclose, sublicense, distribute, repackage, transfer, or assign the Service in whole or in part except as permitted by Reallm or Section 10.5; (iv) use the Service to provide outsourcing or subscription service; or, (v) use the Service to access, transmit, receive or store any information for which you either do not have the right or permission to access, transmit, receive or store or which is derogatory, defamatory, obscene or offensive.
- 2.3 You will take appropriate steps, both before and while using the Service, to copy or backup and protect Your Data in case it is lost, altered or destroyed by using the Service. You will be responsible for replacement, repair or recreation of Your Data in the event of a hardware, software, or Service failure. Reallm will not, under any circumstances, be responsible for any of these types of losses or damages.
- 2.4 Reallm does not restrict or monitor Your Data. You represent and warrant that you have all the rights and permissions necessary to use Your Data in conjunction with the Service. The Service permits you to share Your Data and you acknowledge and agree that you are responsible for ensuring that you have all the rights and permissions to share Your Data should you chose to do so using the Service.
- 2.5 Your Data belongs to you. You grant Reallm a non-exclusive, royalty-free, worldwide sub-licenseable right and license to access and use Your Data in order to provide the Service as contemplated by these Terms, as well as to send you personalized suggestions based on Your Data. Reallm will use Your Data to not only provide the Service as it exists today, but also to allow Reallm to provide you with innovative features and services that it may develop in the future. Reallm collects this information directly, but it also uses third party software for this purpose. You agree that Reallm: (i) may create aggregate and/or de-identified information from Your Data ("Aggregate Data"); (ii) may offer you personalized suggestions based on your Aggregate Data; (iii) may combine such aggregate and/or de-identified information with that of other Users; and, (iv) has the exclusive ownership of any Aggregate Data and the exclusive right to use Aggregate Data for any purpose as long as Reallm does not use or distribute any Aggregate data in a way which identifies you, your Users or Your Data.
- 2.7 Reallm compiles, analyzes and runs analytics on how Users use the Service, as well the performance of the Service itself. Reallm collects this information directly, but it also uses third party software for this purpose as further described in the Privacy Statement. This usage and performance data is referred to as "Usage Data". Reallm uses Usage Data to build features and improve the functionality and feature set of the Service. You agree that Reallm: (i) may offer you personalized suggestions based on your Usage Data; (ii) may create aggregate and/or de-identified information from your Usage Data; (iii) may combine such aggregate and/or de-identifiedinformation with that of other Users; and, (iv) has the exclusive ownership of any Usage Data and the exclusive right to use Usage Data for any purpose as long as Reallm does not use or distribute any Usage Data in a way which identifies you, your Users or Your Data.
- 2.8 Reallm shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you or your Users, relating to the Service.
3. Intellectual Property: Ownership in the Service, and the software powering the Service, will at all times remain with Reallm. Reallm will retain all right, title, copyright, trade secrets, patents, trademarks, and other proprietary and intellectual property rights in the Service and the software powering the Service. You do not acquire any rights in the Service or the software powering the service, other than those specified in these Terms. You will not remove any copyright, patent, trademark, design right, trade secret or any other proprietary rights or legends from the Service, unless you are permitted to do so by Reallm.
4. Confidentiality
- 4.1 Your Confidential Information shall include Your Data; Reallm's Confidential Information shall include the Service, including Usage Data and Aggregate Data; and Confidential Information of each party shall include the information about business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that: (i) is publicly known or readily ascertainable by the public, through no wrongful act of Receiving Party; (ii) is received from a third party without breaching an obligation owed to the Disclosing Party; (iii) is independently developed by or for the Receiving Party; or, (iv) was in its possession prior to it being furnished to the Receiving Party by the Disclosing Party.
- 4.2 The Receiving Party agrees that Confidential Information of the Disclosing Party: (i) will not be used for any purpose outside the scope of these Terms; (ii) will be treated with the same degree of care as similar information of the Receiving Party is treated within the Receiving Party's organization (but in no event less than reasonable care); (iii) will not be used for the benefit of a third party; and, (iv) will remain the property of the Disclosing Party. The Receiving Party will limit access to Confidential Information of the Disclosing Party except as otherwise authorized by the Disclosing Party in writing, to those of its and its Affiliates' employees, officers, directors, contractors, and agents who need such access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Disclosure of Confidential Information by the Disclosing Party's employees, officers, directors, contractors, agents or Affiliates is deemed to be the disclosure by the Disclosing Party.
- 4.3 The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
- 4.4 The obligations of the Receiving Party set forth in this section will remain in effect for a period of five (5) years following the date of first disclosure. Confidential information identified as a trade secret will be held in confidence indefinitely.
5. WARRANTY DISCLAIMER
THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED "AS IS". NEITHER REALLM NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. REALLM DOES NOT WARRANT THAT CUSTOMER'S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES REALLM WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. REALLM SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF REALLM. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
6. Limitation of Damages:
- 6.1 IN NO EVENT WILL REALLM (OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INCREASED COSTS OF OPERATION, LITIGATION COSTS, AND THE LIKE), WHETHER BASED UPON A CLAIM OR ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN CONNECTION WITH THE SUPPLY, USE, OR PERFORMANCE OF THE SERVICE, REGARDLESS OF WHETHER REALLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 6.2 REALLM'S AGGREGATE LIABILITY TO YOU, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR OTHERWISE WILL, IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURRENCES, BE LIMITED TO DIRECT DAMAGES AND WILL IN NO CIRCUMSTANCES EXCEED, IN THE AGGREGATE, THE FEES PAID TO REALLM BY YOU FOR THE SERVICE IN THE YEAR PRECEDING THE CLAIM.
7. Term and Termination:
- 7.1 The Terms become effective on the date you accept them or commence using the Service and continue throughout the entire Service usage duration.
- 7.2 Should you cancel the Service, this Agreement will terminate at the end of the next 30 calendar days period. Any fees that You have committed to paying must still be paid.
- 7.3 Reallm, in its reasonable discretion, has the right to suspend or terminate this Agreement and use the Service by you. Reallm will use all reasonable efforts to contact you directly via email to warn you prior to suspension or provide you with the effective date of termination.
- 7.4 You are solely responsible for contacting Reallm to cancel the Service or request deletion of Your account. Reallm will delete Your Data within six months of you cancelling your subscription to the Service or, if earlier, upon receipt of a written request to delete Your Data.
8. Term and Termination:
- 8.1 Governing Law: These Terms will be governed by the laws of England and Wales. The parties agree that the terms of the United Nations Convention of Contracts for the International Sale of Goods do not apply to these Terms.
- 8.2 Relationship of Parties: The parties are not agents or legal representatives of each other. The parties to these Terms are independent contractors. No relationship of principal to agent, master to servant, employer to employee, or franchisor to franchisee is established hereby between the parties. Neither party has the authority to bind the other or incur any obligation on its behalf.
- 8.3 Survival: The provisions in Articles 3, 5, 6, and 8 and Sections 2.2, 2.3, 2.5, 2.7, 2.8, 4.4 and 7.2 will survive termination of this Agreement.
- 8.4 Precedence: Conflicts will be resolved as follows: GDPR Data Processing Addendum; Privacy Statement; Terms.
- 8.5 Assignment: You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Reallm (not to be unreasonably withheld). Notwithstanding the foregoing, you may assign these Terms, without Reallm's consent, to your Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of your assets.
- 8.6 Waiver: The waiver by either party of any default or breach of these Terms will not constitute a waiver of any other or subsequent default or breach. Except for actions for breach of Reallm's proprietary rights in the Service, no action arising out of these Terms may be brought by either party more than one (1) year after the cause of action has arisen.
- 8.7 Entire Agreement: These Terms, together with the GDPR Data Processing Addendum and the Privacy Statement comprise the complete agreement between us regarding the subject matter.
- 8.8 Severability: If one or more provisions of these Terms are held to be unenforceable under applicable laws, those provisions will be modified to the minimum extent necessary to comply with applicable law and the intent of the parties.
- 8.9 Legal Notices; Contacting Reallm: All legal notices to Reallm shall be sent to legal@reallm.io. Questions regarding the Service can be directed to support@reallm.io
GDPR Data Processing Addendum
1. DEFINITIONS AND INTERPRETATION
- 1.1. The parties agree that this Addendum will be incorporated as an addendum to the Terms. To the extent of any conflict between this Addendum and the remaining sections of the Terms, this Addendum will prevail.
- 1.2. In this Addendum, the following words and expressions will have the following meanings:
"Addendum" shall mean this addendum, including its appendix;
"Customer" shall mean any entity subscribing for Reallm services pursuant to Terms;
"Customer Personal Information" shall mean all Personal Information controlled by the Customer which is processed by Reallm in connection with the Service;
"Data Protection Legislation" shall mean all applicable laws relating to data protection and privacy including (without limitation) the EU Information Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Information Protection Regulation (2016/679) ("GDPR"), the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in each jurisdiction, and any amending or replacement legislation from time to time;
"Personal Information" means any information relating to an identified or identifiable natural person;
- 1.3. In this Addendum, the terms "process", "data controller", "data processor" and "data subject" shall have the meanings set out in the Data Protection Legislation.
2. NATURE OF THE INFORMATION
- 2.1. The categories of Customer Personal Information to be processed by Reallm and the processing activities to be performed under this Addendum are set out in Appendix 1.
- 2.1. The parties record their intention that the Customer shall be the data controller and Reallm shall be a data processor in relation to all Customer Personal Information.
3. OBLIGATIONS OF THE CUSTOMER
- 3.1. The parties shall each comply with their respective obligations under the Data Protection Legislation in respect of Customer Personal Information.
- 3.2. The Customer shall ensure that its instructions and disclosures of Customer Personal Information to Reallm are lawful and acknowledges that Reallm is entitled to rely on the Customer's instructions in respect of the processing of Customer Personal Information.
4. OBLIGATIONS OF REALLM
- 4.1. Reallm agrees to:
- 4.1.1. only process Customer Personal Information for and on behalf of the Customer, in accordance with the instructions set out under the Terms or as otherwise given by the Customer from time to time. Reallm shall notify the Customer if it is required by applicable law to process Customer Personal Information other than in accordance with those instructions, and shall inform the Customer of the relevant legal requirement before undertaking such processing (unless the relevant legal requirement prohibits the provision of such information on important grounds of public interest);
- 4.1.2. ensure that those of its personnel who are involved in processing Customer Personal Information are bound by appropriate obligations of confidentiality;
- 4.1.3. implement and maintain appropriate technical and organizational security measures to safeguard Customer Personal Information from unauthorized or unlawful processing or accidental loss, damage or destruction;
- 4.1.4. taking into account the nature of the processing and the information available to Reallm, provide reasonable assistance to the Customer in ensuring compliance with its obligations under the Data Protection Legislation in relation to security, data breach notification, data protection impact assessments and prior consultation with a supervisory authority and the fulfilment of data subject's rights, where applicable from time to time; and
- 4.1.5. upon written request, make available to the Customer such records as the Customer may reasonably require from time to time to demonstrate compliance by Reallm with its obligations under this Addendum. In addition, Reallm agrees to permit an audit to be conducted of its facilities no more than once per year, by the Customer or the Customer's representatives (bound by appropriate obligations of confidentiality), provided such an audit is carried out: (i) upon ten (10) business days' prior, written notice to Reallm and during Reallm's normal business hours; (ii) in a manner that causes minimal disruption to Reallm's business and excludes from its scope any internal pricing information, information relating to other customers of Reallm or other Reallm's own internal reports; and (iii) at the Customer's own cost.
- 4.2. Reallm shall notify the Customer without undue delay and in any event within 72 (seventy-two) hours of becoming aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Customer Personal Information ("Security Breach"). Reallm shall provide Customer with reasonable assistance in relation to the Security Breach, including the provision of such information as is known to Reallm regarding the nature of the breach, the categories and approximate number of data subjects and records concerned.
- 4.3. Nothing in this Addendum shall prevent either party from complying with any legal obligation imposed by a regulator or court. Each party shall however, where possible, discuss with the other party the appropriate response to any request from a regulator or court for disclosure of information.
5. SUB-CONTRACTING
- 5.1. The Customer consents to Reallm engaging subcontractors listed here to process the Customer Personal Information on its behalf ("Sub-processors"). Reallm shall ensure that Sub-processors are subject to contractual obligations which are the same as or equivalent to those imposed on Reallm under this Addendum. Reallm shall inform the Customer of any intended changes concerning the addition or replacement of any Sub-processor within a reasonable time prior to implementation of such change. In the event of the Customer objecting to such change, Reallm shall make reasonable efforts to address the Customer's concerns (including making reasonable efforts to find an alternative Sub-processor).
- 5.2. The Customer acknowledges and agrees that Customer Personal Information may be processed by Sub-processors outside the European Economic Area or the country where the Customer is located in order to carry out the Service and Reallm's other obligations under the Terms. Reallm shall implement a data transfer solution to ensure any such transfers are compliant with the Data Protection Legislation.
- 5.3. For the avoidance of doubt, where a Sub-processor fails to fulfil its obligations under any sub-contract, Reallm shall remain fully liable to the Customer for the fulfilment of its obligations under this Addendum.
6. TERM AND TERMINATION
- 6.1. This Addendum shall commence on December 11th, 2018 and shall continue in full force and effect until the later of:
- 6.1.1. the termination or expiration of the Terms; or
- 6.1.2. the termination of the last of the Services to be performed pursuant to the Terms.
- 6.2. Within six (6) months of the termination of this Addendum, Reallm shall delete the Customer Personal Information and delete any existing copies in its possession unless; (i) required to retain such Customer Personal Information under applicable law; or, (ii) the Customer requests that Reallm return the Customer Personal Information to it.
7. GOVERNING LAW
- 7.1. This Addendum and any dispute arising out of or in relation to it (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of England and Wales.
APPENDIX 1: Description of Information Processing
The data processing activities carried out by Reallm under this Addendum are as follows:
Description of Service: |
Reallm is a read-only application that enables Customers to display their data in visualizations and quickly discover actionable insights on their business. |
Subject-matter of Processing: |
Reallm processes certain Customer Personal Information on behalf of its Customers in relation to data visualization and being able to quickly discover actionable insights on their business. The content of the Customer Personal Information is determined by its Customers, the data controllers, who either push data to Reallm or prepare queries to be requested by Reallm to capture data from Customers' systems or third party software platforms. |
Duration of Processing |
For the duration of the Services to which this Addendum relates. |
Nature and purpose of Processing: |
To enable Reallm to provide the Customer with certain Services in relation to data visualization and being able to quickly discover actionable insights on their business in accordance with the Terms. |
Type of Personal Information: |
Customer Personal Information relating to Customers and provisioned end users of the Services which is uploaded by such Customers or provisioned end users and/or otherwise collected by or on behalf of the Customer or provisioned end user as a result of use of the Services. Reallm also collects information about visitors to its web properties. The collected information may include without limitation, data uploaded or pulled into Reallm, personal contact information, demographic information, location information, profile data, unique IDs, passwords, usage activity, transaction history, and online behaviour and interest data. |
Categories of Information Subjects: |
Reallm's Customers and their provisioned users of its Services, as well as visitors to Reallm's web properties. |
APPENDIX 2: Authorized subcontractors
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REALLM PRIVACY STATEMENT
At Reallm, your privacy is important to us. The purpose of this privacy statement is to let you know how we collect, use and disclose Personal Information, and to inform you of your rights with respect to such Personal Information.
APPLICABILITY OF PRIVACY STATEMENT
This Privacy Statement relates to "Personal Information", meaning information about an identifiable individual, whether, for example, that individual is our Customer, or our Customer's provisioned user or an individual whose information is part of Processed Data, as these terms are defined below. Whether a person is "identifiable" means that they can be identified by the information itself or by that information combined with other information reasonably available.
This Privacy Statement applies to Personal Information collected or managed by Reallm through the use of the Service and our websites. This Privacy Statement is also intended to explain how we use information which is not identifiable (and thus not Personal Information) that is collected via our website and the Service.
"Customer" refers to the customers of Reallm and their provisioned users.
"Customer Information" refers to information about our Customers and their provisioned users.
"Processed Data" refers to information that is processed by Reallm on behalf of our Customers through their use of the Service.
Reallm does not have a direct relationship with many of the individuals whose Personal Information is included in Processed Data, but this privacy statement is intended to provide information about how all Personal Information is collected, used, disclosed, processed and protected by Reallm.
CLASSIFICATION OF INFORMATION
When the Service is used by our Customers, we classify the Personal Information we collect, use and disclose into two main categories: The first is Personal Information included in Customer Information, and the second is Personal Information that is included in Processed Data. It is important to note that not all Customer Information or Processed Data is Personal Information, either because it relates to a company or a business, or it is not identifiable.
PROCESSED DATA
Reallm does not control what information a Customer chooses to include in Processed Data. Because we are unable to determine whether it is Personal Information or other information, we treat it as though it may be Personal Information but our Customers are entirely responsible for any Personal Information they choose to include in Processed Data. All Customers and their provisioned users should understand that data in Reallm can be exported, shared or displayed by a Customer or provisioned user. Customers and provisioned users are solely responsible for the use of such exported, shared or displayed data and for protecting it appropriately.
WHAT INFORMATION WE COLLECT
From our Customers, we only collect Customer Information that is necessary to establish and maintain the provision of the Service to them, as well as to understand and improve the usage and performance of the Service. When our Customers are corporations, as opposed to individuals, this information is not "Personal Information". This Customer Information includes:
- Customer name
- Contact information, including postal and email addresses
- Billing address
- Billing details (as necessary for our internal accounting purposes and for processing payments through our contracted processing service)
- Login information for authorized users, such as usernames and encrypted passwords
- Information about how the Customer and its authorized users use the Service, including information about the Customer, location information, usage patterns and intended use of the Service.
- Information provided by the Customer and its authorized users in connection with any support given by the Reallm team related to the Service.
- Login information for third party integrations to Reallm, such as usernames and encrypted passwords
In connection with our marketing, sales and Customer support functions, we may collect publicly-available information about our Customers and provisioned users, which is used for the purposes set out in this Privacy Statement.
PURPOSES FOR COLLECTION
Reallm does not use any identifiable Processed Data for its own purposes. Processed Data is only processed by Reallm on behalf of our Customers to provide them with the Service. Individual provisioned users whose Personal Information is contained in Processed Data should refer to the Customer's privacy policy for an understanding of how Personal Information is collected, used, disclosed and otherwise processed by the Customer by use of the Service.
DISCLOSURE OF PERSONAL INFORMATION
Reallm may share Personal Information with people within the company who have a "need to know" the information for business or legal reasons, for example, in order to carry out an administrative function, such as processing an invoice or supporting questions that you have submitted to Reallm.
We may share Personal Information with third parties, including:
- government and regulatory authorities, for example to respond to a legal request or comply with a legal obligation, in which case we will make reasonable efforts to give the relevant individual notice of the disclosure, provided we are able to identify the individual and are lawfully able to do so;
- for the purposes of seeking legal or other professional advice;
- suppliers of IT services and third service providers engaged by Reallm as further detailed in this Privacy Statement and our Terms of Service and
- in the event that we sell, buy or merge any business or assets, including to the prospective seller or buyer of such business or assets and their respective professional advisers.
We may also share anonymous or de-identified information with other third parties in connection with the purposes outlined in this Privacy Statement.
RIGHT OF ACCESS
Pursuant to applicable law, you may have certain rights in relation to your Personal Information, including a right of access. If your Personal Information is a part of our Customer's Processed Data, you should seek this access from the relevant Customer. If we control the Personal Information, we may require additional information to confirm your identity, which will only be used for that purpose.
DATA LOCATION
Unless a Customer is using a Custom Data Store and therefore storing their Processed Data on their site, Reallm uses Amazon Web Services to store and manage Customer Information and Processed Data in and from UK and to back up Customer Information and Processed Data. As indicated in the following section, Reallm uses service providers outside of UK to store and manage the certain data and analytics associated with use of the Service.
INFORMATION COLLECTED VIA OUR WEBSITE AND OUR APPLICATION
When you visit our website reallm.io, we may use cookies, pixel tags, analytics tools, and other similar technologies to help provide and improve our services to you, and as detailed below:
- Cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the website, pages visited, language preferences, and other web traffic data. We use the information for security purposes, to facilitate online navigation, to display information more effectively, to personalize your experience while using the website, and to otherwise analyze user activity. We can recognize your computer to assist your use of the website.
- We also gather statistical information about the usage of the website and application in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding the website and application. Cookies may further allow us to select which of our advertisements, features or offers are most likely to appeal to you and to display them to you. We may also use cookies in online advertising, features or offers to see how you interact with such advertisements, features or offers and we may use cookies or other files to understand your use of other websites.
- If you do not want information to be collected through the use of cookies when using our website or application, there is a simple procedure in most browsers that allows you to automatically decline cookies or gives you the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. However, if you do not accept these cookies, you may experience some inconvenience in your use of the website or application. For example, we may not be able to recognize your computer, and you may need to log in every time you visit the website or application.
- Pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with our website to, among other things, track the actions of users of the website and other means of communication with you (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the website and response rates.
- Analytics tools: We use website and application analytics services provided by third parties that use cookies, JavaScript and other similar technologies to collect information about website or application use, perform data enrichment and to report patterns or trends. The third parties that provide us with these services may also collect information about your use of third-party websites. These analytics providers may store this analytics data in the United States and other locations.
SAFEGUARDING PERSONAL INFORMATION
We are required by law to safeguard the Personal Information in our custody or control. We use industry standard measures to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We protect Personal Information regardless of the format in which it is held.
Our methods of protection include: (a) physical measures, such as restricted physical access to the systems delivering our Service; (b) organizational measures, including employee training and limiting access on a "need-to-know" basis; and, (c) technological measures, including the use of passwords and encryption.
We use service providers, including our data hosting provider, to facilitate providing the Service. We use contractual means to make sure that our service providers only deal with Personal Information on our behalf to provide the Service and not for any other purposes. We also undertake diligence to satisfy ourselves that our service providers will implement adequate safeguards to protect Personal Information.
If we have reason to believe that there has been a breach of security safeguards that has resulted in the inappropriate loss or disclosure of Personal Information, we will take reasonable measures to notify the affected Customers, as applicable, promptly and with sufficient detail to enable them to evaluate the breach and understand the likely consequences.
REVISIONS TO THIS PRIVACY STATEMENT
Reallm may update this Privacy Statement from time to time. If it is updated, the effective date of the revision will be shown at the top of the Terms of service agreement. In the event of a significant revision, Customers may receive notification by email or through the Service itself. All Personal Information collected after that revision date will be subject to the revised Privacy Statement.
ANONYMOUS INFORMATION
As stated previously, Reallm may use de-identified and/or aggregate information derived from Personal Information, for any purposes, including:
- Analytics to understand how our Customers and, their authorized users make use of the Service and our website and to make targeted offerings of certain Services to our Customers and authorized users;
- Information used to determine how to make improvements to the Service and to develop new features, capabilities and ways of presenting data; and
- For commercial purposes, either for Reallm or for others.
We will take industry standard steps so that this de-identified and/or aggregate information cannot be connected to any particular individual.
EU PERSONAL INFORMATION
For the purposes of applicable EU data protection and privacy laws, Reallm is considered the Data Controller in respect of all EU Personal Information that it collects, uses and otherwise processes for its own purposes as set out in this Privacy Statement.
Please note that for the purposes of EU data protection and privacy laws, personally identifiable information collected in a business context (for example an individual's business email address or job title) will be Personal Information. All provisions in this Privacy Statement relating to Personal Information will therefore apply to Customer Information, to the extent that this is considered to contain Personal Information under EU laws.
PURPOSE OF PROCESSING
The purposes for which we process EU Personal Information are as set out in this Privacy Statement. In most cases, we will be processing EU Personal Information on behalf of a Customer as a Data Processor, but in certain circumstances we will process EU Personal Information as a Data Controller, including for the purposes of communicating with you, administering your account and for carrying out data analytics and enrichment.
LEGAL BASIS FOR PROCESSING
In accordance with the purposes for which we collect and use EU Personal Information, as set out above, the legal basis for Reallm processing EU Personal Information will typically be one of the following:
- your consent;
- the performance of a contract that we have in place with you or other individuals;
- Reallm or our third parties' legitimate business interests; or
- compliance with our legal obligations.
SHARING OF EU PERSONAL INFORMATION
Reallm may share EU Personal Information with people within the company who have a "need to know" the information for business or legal reasons, for example, in order to carry out an administrative function, such as processing an invoice or to direct a question that you have submitted to the relevant department at Reallm.
We may share EU Personal Information with third parties, including:
- government and regulatory authorities, for example to respond to a legal request or comply with a legal obligation, in which case we will make reasonable efforts to give the relevant individual notice of the disclosure, provided we are able to identify the individual and are lawfully able to do so;
- for the purposes of seeking legal or other professional advice;
- suppliers of IT services and third service providers engaged by Reallm as further detailed earlier in this Privacy Statement and our Terms of Service; and
- in the event that we sell, buy or merge any business or assets, including to the prospective seller or buyer of such business or assets and their respective professional advisers.
We may also share anonymous or de-identified information with other third parties in connection with the purposes outlined in this Privacy Statement.
GLOSSARY
For the purposes of this section relating to EU Personal Information, the following terms will have the following meanings:
"Data Controller" an entity which determines the purposes and means of the processing of Personal Information.
"Data Processor" an entity which processes Personal Information on behalf of a Data Controller.
"process" any operation that can be performed on Personal Information, including collecting it, storing it, accessing it, combining it with other data, sharing it with a third party, and deleting it.
If you have any questions or concerns about our privacy practices, or if you wish to access your Personal Information, please contact our privacy officer at legal@reallm.io.