2. NOTICE TO END USERS
3. DATA WE COLLECT AND RECEIVE
3.1 Client Data
Client Data is governed by the Client Agreement. Client Data may include User Information, Hosted Data, or any Client Data otherwise defined in the Client Agreement. If you have any questions about your Personal Data with respect to Client Data, please contact the Client whose instance of the Services you use.
User Information. To use certain features of the Services or interact with the Client and/or the Client’s brand, products, or services, you may provide us with data about you, including but not limited to:
Hosted Data. When you use or interact with the Services, we may collect, process, and store any data that is created, posted, uploaded, stored, displayed, transmitted, or submitted on or through the Services (collectively, “Hosted Data”), as a function of rendering the Services. Hosted Data may contain Personal Data to the extent you disclose Personal Data on or through the Services. Super View is generally a passive recipient and takes no active part in collecting or storing Hosted Data. Except to the extent necessary to render the Services or related support for the Services, Super View does not purposefully access any Hosted Data.
3.2 Other Information
Super View may collect Other Information from you related to your usage of the Services and interactions with Super View. Other Information may include Metadata, Log Data, Technical Data, Cookie Data, Third Party Services, and Additional Information Provided to Super View. If you have any questions about your Personal Data with respect to Other Information, please contact Super View at firstname.lastname@example.org.
Metadata. When you interact with the Services, metadata is generated that provides additional context about the Services and the way you use the Services (“Metadata”). Super View collects aggregated Metadata of the Services, so that the resulting data and statistics are not personally identifiable to any individual user.
Log Data. Like most Website and web-based technology services, our servers automatically collect data when you access or use our Website or the Services and record it in log files (“Log Data”). The Log Data may include your Internet Protocol (“IP”) address, Internet service provider (“ISP”), browser type and settings, information about browser plugins, language preference, default email application, referring/exit Website, operating system, date and time stamp, cookie data, and certain user activities.
Technical Data. Super View collects technical data, such as information about devices accessing the Services, including the type of device, device settings, operating system, application software, peripherals, and unique device identifiers (“Technical Data”). Technical Data does include any Personal Data and Super View does not relate any Technical Data to any individual user.
Third Party Services. Clients may choose to integrate with, and some Services are reliant upon integrations with, Third Party Services. Third Party Services may share certain data with Super View to effectuate the integration. You should check the privacy settings and notices of these Third-Party Services to understand what data may be disclosed to Super View. When the Services are integrated with Third Party Services to enhance the Services (e.g., Facebook, Twitter, Instagram, etc.), we may receive data regarding your credentials for and use of the applicable Third Party Services, such as your user name, your unique identifier, and your information transmitted from or made available with permissions by such Third Party Services (e.g., avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.). When the Services are integrated with Third Party Services for the login and authentication process (e.g., Google Sign-In, Facebook Login, Sign in with Twitter, OneLogin, etc.) and you log in to the Services using a Third Party Services authenticator, we may receive data regarding your credentials for the applicable Third Party Services, such as your log-in, your user name, your email, your unique identifier, profile picture, and your information transmitted from or made available with permissions by such Third Party Services (e.g., avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.).
Additional Information Provided to Super View. Super View receives data when submitted on our Website or through our Services, or if you contact us (e.g., by email, telephone, written correspondence, web-based forms or otherwise), request support, apply for or take a job with us, contract with us, interact with our social media accounts, or otherwise communicate with us.
3.3 No Sensitive Personal Data
Super View does not intentionally collect, process, or store, and we request that you do not post, upload, store, display, transmit, or submit Sensitive Personal Data on or through the Services or in Client Data. "Sensitive Personal Data" includes, but is not limited to, government-issued identification numbers; financial account numbers; credit or debit card numbers; any code or password that could be used to gain access to personal accounts; genetic data or biometric data; any Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or data concerning health or sex life or sexual orientation. Super View is not responsible and will not be liable for any loss or damages you or another individual may experience due to your disclosure of Sensitive Personal Data while using the Services.
3.4 No Children’s Data
The Services are generally not directed to or intended for children without parental or guardian consent. Super View does not intentionally collect, process, or store any Personal Data from any person under 13 years of age without verifiable parental consent. In the event we discover we have inadvertently collected, processed, or stored any Personal Data from a person under 13 years of age, we will promptly take the appropriate steps to delete such data or seek the necessary verifiable parental consent for that collection in compliance with the Children’s Online Privacy Protection Act ("COPPA").
4. HOW AND WHY WE USE DATA
Client Data will be used by Super View in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of Services functionality, and as required by applicable law. The Client may, for example, use certain self-service Services to configure settings, access, modify, share, restrict, export, and remove Client Data and otherwise apply its own policies to the Services. Other Information will be used by Super View in furtherance of our legitimate interests in operating our business and providing the Website and Services, to perform contractual obligations, and/or pursuant to your express consent for a specific purpose. Specifically, Super View may use Other Information for these purposes and legal bases:
Providing the Website and Services. To make the Website available and support delivery of the Services under a Client Agreement, manage user requests interacting with the Services (e.g., login and authentication, remembering settings, etc.), hosting and back-end infrastructure, analyze and monitor usage, monitor, and address service performance, security, and technical issues.
Improving the Website and Services. To test features, manage landing pages, heat mapping, traffic optimization, data analysis and research, including profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this.
Support Services. To respond to support requests and otherwise provide support for and resolve problems with the Services.
Communications. To send service, technical, and administrative emails, messages, and other communications. Service-related communications and notices, such as maintenance and security announcements, are essential to delivery of the Services and you cannot opt-out. Marketing communications about new product features, service offerings, and other news about Super View are optional and you have the choice whether or not to receive them.
Account Management. To contact for billing, account management, feedback, and other administrative matters.
Security Purposes. To maintain adequate security and help prevent and investigate security issues and abuse.
Legal Obligations. To comply with legal obligations as required by applicable law, legal process, or regulations.
5. HOW WE SHARE AND DISCLOSE DATA
Client’s Instructions. Super View will share and disclose Client Data, including Personal Data, in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of the Services functionality, and as required by applicable law. Pursuant to the Client Agreement, Client Data is generally treated as the confidential information of the Client unless stated otherwise.
Client Access. The Client and the Client’s representatives and personnel may be able to access, modify, or restrict access to your data, including Personal Data. For example, the Client may access and use your Personal Data for the purposes upon which you shared your Personal Data on or through the Services.
Displaying the Services. When you submit data on the Services, it may be displayed to the Client and/or others depending on the platform. You are solely responsible for all data you post, upload, store, display, transmit, or submit on the Services, including Personal Data, and the consequences thereof. Super View is not responsible and will not be liable for the data disclosed on the Services.
Rendering the Services. Super View employees and contractors may have access to your data on a need to know and confidential basis to the extent necessary to render the Services and related support for the Services.
Third Party Services. Clients may choose to integrate with, and some Services are reliant upon integrations with, Third Party Services. Super View may share certain data with such Third-Party Services as requested to effectuate the integration. Third Party Services are not owned or controlled by Super View and Third Parties Services that have been granted access to your data may have their own policies and practices for its collection and use. You should check the privacy settings and notices of these Third-Party Services to understand their privacy practices.
Changes to Super View’s Business. If Super View engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of its assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g., due diligence), Super View may share or disclose data in connection therewith, subject to standard confidentiality obligations.
Aggregated or De-identified Data. If any data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use or disclose such aggregated or de-identified data for any purpose. For example, we may share aggregated or de-identified data with prospects or partners for business or research purposes, such as statistical analysis, to research trends and predictive analysis, or to develop or improve the Services.
Enforcement of Agreements. Super View may disclose data to ensure compliance with and enforce Client Agreements and any other contractual or legal obligations with respect to the Services and our business. For example, we may share or disclose data to comply with or enforce the Client’s terms and conditions or other applicable rules set for a Service, such as for contests, sweepstakes, promotions, games, etc.).
Protection of Rights. Super View may disclose data to protect and defend our rights and property, including intellectual property rights, and to ensure compliance with applicable laws and enforce third party rights, including intellectual property and privacy rights.
Legal Compliance. If we are compelled by law, such as to comply with a subpoena, court order, or other lawful process, or in response to a lawful request by public authorities to meet national security or law enforcement requirements, Super View may disclose data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.
Safety and Security. Super View may disclose data to protect your safety and security; to protect the safety, security, and property of Clients; and to protect the safety, security, and property of Super View and our employees, agents, representatives, and contractors.
Your Consent. Super View may disclose your data to third parties when we have your express consent to do so.
7. SECURITY MEASURES
Super View maintains physical, technical, and administrative procedures to safeguard and secure the data we collect. We work hard to protect data in our custody and control from loss, misuse, and unauthorized access, use, disclosure, modification, or destruction. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure, and we cannot guarantee that unauthorized access, hacking, data losses, or other breaches will never occur. You provide Personal Data at your own risk. If you believe your privacy has been breached, please contact us immediately at email@example.com.
8. IDENTIFYING THE DATA CONTROLLER AND DATA PROCESSOR
Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of data. In general, the Client is the controller of Client Data. In general, Super View is the processor of Client Data and the controller of Other Information.
9. INTERNATIONAL DATA TRANSFERS
9.1 EU-U.S. Privacy Shield Frameworks
Super View has further committed to refer unresolved Privacy Shield-related complaints to JAMS, an independent dispute resolution provider located in the United States. If you do not receive a timely acknowledgement of your Privacy Shield-related complaint from Super View, or if we have not satisfactorily resolved your complaint or addressed your concern, please contact JAMS to file your complaint, at no cost to you. To contact JAMS and/or learn more about JAMS dispute resolution services, including instructions for submitting a complaint, please visit: https://www.jamsadr.com/eu-us-privacy-shield. Under certain limited situations, as a last resort, you may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
Human resources data including Personal Data in the context of the employment relationship is subject to internal human resource policies. Super View commits to cooperate with the panel established by the European Union data protection authorities (DPAs) and comply with the advice given by such authorities regarding human resources data transferred from the European Union member states to the United States in the context of an employment relationship as set forth in the Privacy Shield principles.
9.2 Standard Contractual Clauses
The transfer of Personal Data from the European Union member countries to the United States will be subject to Privacy Shield and then, if Privacy Shield is deemed to be inadequate by European Union data protection laws, will be subject to the Standard Contractual Clauses for the transfer of Personal Data from Controller to Processor ("Standard Contractual Clauses") between Super View and the Client. The Standard Contractual Clauses will also apply to the transfer of Personal Data from the European Union member countries to any country deemed by applicable data protection laws not to ensure an adequate level of data protection.
10. YOUR RIGHTS
Individuals located in certain countries and jurisdictions have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to exercise your rights and request certain actions with respect to your Personal Data.
10.1 General Privacy Rights
Super View is committed to maintain accurate information that you share with us and will use commercially reasonable efforts to allow you to access your Personal Data. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Data. To request this information or if you wish to access, modify, or remove your Personal Data, please contact us at firstname.lastname@example.org. Super View will endeavor to respond to all reasonable written requests to access, modify, or remove Personal Data in a timely manner within thirty (30) days.
If you seek to access, modify, or remove Personal Data held or processed by us on behalf of a Client, you should direct your inquiry to the Client (the data controller). Upon receipt of a request from one of our Clients for us to remove data, we will respond to their request in a timely manner within thirty (30) days.
10.2 Additional Rights for Europe
Right to Erasure (aka “Right to be Forgotten”). You may have a broader right to erasure of Personal Data that we hold about you, such as, for example, if it is no longer necessary in relation to the purposes for which it was originally collected, or we do not have a legal reason to continue to process and hold it. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions, or to comply with our legal obligations.
Right to Restrict Processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as, for example, where you believe that the Personal Data we hold about you is inaccurate or unlawfully held. We may be permitted to store the data but not further process it. We may need to keep just enough data to make sure we respect your request in the future.
Right to Data Portability. You may have the right to be provided with your Personal Data in a structured, machine readable, and commonly used format and to request that we transfer the data to another data controller without effecting the usability of the data.
Right to Object to Processing. You may have the right to request that we stop processing your Personal Data, such as for the purpose of direct marketing, scientific and historical research, or for a task in the public interest.
Right to Lodge a Complaint. You may also 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.
When offering Services to its Clients, Super View acts as a “processor” under the GDPR and our receipt and collection of any Personal Data is completed on behalf of our Clients in order for us to provide the Services. Please direct any data subject requests under the GDPR to the Client whose instance of the Services you use. For any other requests related to your applicable rights under the GDPR, please contact us at email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
10.3 Additional Rights in California
10.3.1 California Consumer Privacy Act
California residents have certain statutory rights under the California Consumer Privacy Act (“CCPA”) regarding their personal information (as defined by the CCPA). If you reside in California, you may have the right to exercise additional rights available to you under the CCPA, including:
Right to Access. You may have the right to request disclosure of the categories and specific pieces of personal information collected about you. Upon a verifiable request to access personal information, we will promptly take steps to disclose and deliver, free of charge to you, the personal information required to be disclosed. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, readily useable format that allows you to transmit this information to another entity without hindrance. We may provide personal information to you at any time, but shall not be required to provide personal information to you more than twice in a 12-month period.
Right to Deletion. You may have the right to request the deletion of our personal information. Upon a verifiable request to delete personal information, we will promptly delete such personal information from our records and direct any service providers to delete such personal information from their records, subject to certain exceptions under the CCPA.
Right to Opt-Out of the Sale of Information. You may have the right to opt-out of the sale of your personal information to third parties. Super View does not sell your personal information to third parties and will never sell your personal information to third parties without your express authorization.
Super View will not discriminate against you for exercising your rights under the CCPA. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services, or provide you a different level or quality of services. When offering Services to its Clients, Super View acts as a “service provider” under the CCPA and our receipt and collection of any consumer personal information is completed on behalf of our Clients in order for us to provide the Services. Please direct any requests to exercise your rights under the CCPA to the Client whose instance of the Services you use. For any other requests related to your rights under the CCPA, please contact us at firstname.lastname@example.org. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
10.3.2 California "Shine the Light" Notice
Super View does not disclose Personal Data to third parties for any third parties’ direct marketing purposes and will not do so unless you affirmatively consent to such disclosure. Since Super View provides its California users with notice of its rights as described above, pursuant to Section 1798.83(c)(2) of the California Civil Code, Super View is in compliance with California’s “Shine the Light” law and is not obligated to provide California users with the names and addresses of all the third parties that received Personal Data from Super View for the third parties’ direct marketing purposes during the preceding calendar year.
13. CONTACT SUPER VIEW
You may contact us at:
2912 Colorado Blvd., Suite 203
Santa Monica, CA 90404
Attn: Legal Department
Last Updated: September 12, 2022