Cluster Privacy and Data Protection Policy and Notice
Last modified: October 3, 2022
We are transparent about our practices regarding the information we may collect, use, maintain and process and describe our practices in this policy and notice. Please note that our website may, from time to time, contain links to external sites. We are not responsible for the operation, privacy policies and practices or the content of such sites. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
For the purposes of European Economic Area data protection law (the “Data Protection Law“) including the Regulation EU 2016/679 – the General Data Protection Regulation (“GDPR“):
- Cluster will usually be a data controller (the “Controller“) in relation to the Personal Data of our Users, our prospective Users.
- Cluster will usually be a data processor (the “Processor“) in relation to the Personal Data uploaded by our Users.
- Personal Data (“Personal Data“) means information that relates to an identified or identifiable individual. This can be data that when gathered, consists of any details which are personally identifiable.
WHEN AND WHICH INFORMATION MAY WE COLLECT & PROCESS?
You do not have any legal obligation to provide any information to Cluster, however, we require certain information in order to provide any services and/or products. If you choose not to provide us with certain information, then we may not be able to provide you with some or all of the services. We collect data about you when you sign up to our website, or in processing data for our Users.We elaborate here on two categories of information and data we may collect from, on behalf of, or in connection with our Users:
Data we collect about you when you interact with Cluster and our Website
Non-identifiable and anonymous information (“non-personal data”).
Personal Data provided consciously and voluntarily by you through your use of the Website (as described below):
This may include your name (first and last), email address, phone numbers, postal address or other identifiers by which you may be contacted online or offline.
Additionally, we may obtain location data related to the geographic location of your laptop, mobile device or other digital device on which the Cluster website is used.
Cluster may also collect the email addresses of people who communicate with Cluster via email or other media or create accounts and login credentials. By registering for an account, or submitting requests for support or information via the Website, Cluster will collect details, including also your name, phone number and personal or company email you provided, address and other such information. Cluster may use this information to offer Cluster’s services and support, and will share this data across Cluster group companies and affiliates to optimize its services.
HOW DO WE COLLECT PERSONAL DATA OF YOURS ON Cluster FACILITIES AND SERVICES?
- Through your use of our Website – when you are using the Website, including when you register or open an account, we are aware of it and gather, collect and record the information relating to such usage, either independently or through the help of third-party services as detailed below. This includes technical information and behavioral information such as the User’s Internet protocol (IP) address, your uniform resource locators (URL), User’s ‘clickstream’ on the website etc. We likewise place cookies on your browsing devices (see section ‘Cookies’ below).
- When you provide us such information by entering it manually or automatically, or through your use of our facilities and services, or while preparing a contract, or otherwise in engaging with us.
WHAT ARE THE PURPOSES OF PERSONAL DATA WE COLLECT?
- To provide and improve our services to our Users and others. For example: send our website and its contents to you; provide you with the information and services that you request from Cluster; contacting you for the purpose of providing you with technical assistance and other related information; to allow you to participate in interactive features on our Website; administering your account with Cluster including to identify and authenticate you; verifying and carry out financial transactions in relation to payments you make; notifying you about changes to our service; contacting you to give you commercial and marketing information about events or promotions or additional services or products offered by Cluster, including in other locations; soliciting feedback in connection with your use of the services; tracking use of Cluster facilities and services to enable us to optimize them
- To meet our contractual, ethical, and legal obligations. For example: to carry out and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; replying to your queries, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity; compliance and audit purposes, such as meeting our reporting obligations in our various jurisdictions, and for crime prevention and prosecution in so far as it relates to our staff, Users, facilities etc; if necessary, we will use personal data to enforce our terms, policies and legal agreements, to comply with court orders and warrants and assist law enforcement agencies as required by law, to collect debts, to prevent fraud, infringements, identity thefts and any other service misuse, and to take any action in any legal dispute and proceeding; for security purposes and to identify and authenticate your access to the parts of the facilities.
SHARING DATA WITH THIRD PARTIES
We transfer personal data within our group, and to third party service providers.
We transfer Personal Data to:
This includes any member of our group, which means the Cluster parent company, Algopix and subsidiaries – whether wholly or partially owned by Cluster.
We transfer personal data to third parties in a variety of circumstances. We endeavor to ensure that these third parties use your information only to the extent necessary to perform their functions, and to have a contract in place with them to govern their processing on our behalf.
These third parties assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, analyzing data, providing IT and other support services or in other tasks, from time to time. These third parties also include analytics and search engine providers that assist us in the improvement and optimization of our website, our marketing, contracted developers, designers and consultants, our lawyers, and other standard business service providers.
In addition, we will disclose your personal data to third parties if some or all of our companies or assets are acquired by a third party including by way of a merger, share acquisition, asset purchase or any similar transaction, in which case personal data may be one of the transferred assets.
Likewise, we will transfer personal data to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal or audit or compliance obligation, in the course of any legal or regulatory proceeding or investigation, or in order to enforce or apply our terms and other agreements with you or with a third party; or to assert or protect the rights, property, or safety of Cluster, our Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.
We periodically update our third-party providers in the following link: www.datacluster.com/subprocessors
For the avoidance of doubt, Cluster may transfer and disclose non-personal data to third parties at its own discretion.
DATA STORAGE AND INTERNATIONAL DATA TRANSFERS
We currently store your Personal Data in one of our server farms located in the US.
We transfer personal data outside of the EU/EEA to the US, according to applicable law, and in order to store or backup the information; enable us to provide you with the services and fulfill our contract with you; fulfill any legal, audit, ethical or compliance obligations which require us to make that transfer; facilitate the operation of our group businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights; serve our Users across multiple jurisdictions and operate our parent company, subsidiaries and affiliates in an efficient and optimal manner.
Cluster retains personal data for the following reasons and for as long as required: to provide the services; to comply with our legal and other obligations; to resolve disputes and to enforce agreements; to meet any audit, compliance and business best practices.
Data with respect to which Cluster is the Processor may be deleted only on action and/or instruction of the Controller, except where such data must be retained by us, in our judgment, as above.
STATISTICAL INFORMATION AND COOKIES
When you use our website, we may automatically collect and record information related to this use, either independently or with the help of third-party service providers, through cookies and similar technologies.
SECURITY AND STORAGE OF INFORMATION
No data security is perfect, but we work hard to ensure we have great security.
We take great care in implementing, enforcing and maintaining the security of the personal data we process, whether as Processor or as Controller. Cluster implements, enforces and maintains security measures, technologies and policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of personal data. We likewise take steps to monitor compliance on an ongoing basis. Where we deem it necessary in light of the nature of the data in question and the risks to data subjects, we may encrypt data. Likewise, we take industry standard steps to ensure our Website and services are safe.
Note however, that no data security measures are perfect or impenetrable, and we cannot guarantee that unauthorized access, leaks, viruses and other data security breaches will never occur.
DATA SUBJECT RIGHTS
Data subjects have rights, and we respect them. Data subjects with respect to whose data GDPR applies, have rights under GDPR and local laws, including, in different circumstances, rights to data portability, rights to access data, rectify data, object to processing, erase data and the right to lodge a complaint.
It is clarified for the removal of doubt, that where personal data is provided by a User being the data subject’s employer, such data subject rights will have to be effected through that User. In addition, data subject rights cannot be exercised in a manner inconsistent with the rights of Cluster employees and staff, with Cluster proprietary rights, and third-party rights.
If processing occurs based on consent, data subjects generally have a right to withdraw their consent. Additionally, if a data subject wishes to modify, delete or retrieve their Personal Data, they may do so, where applicable, by contacting Cluster (info@Datacluster.com).
Please note that Personal Data may be either deleted or retained in an aggregated manner without being linked to any identifiers or Personal Data, depending on technical commercial capability. Such information will continue to be used by Cluster.
- Minors. We do not knowingly collect or solicit information or data from children under the age of 16 or knowingly allow children under the age of 16 to register for Cluster services. If you are under 16, do not register or attempt to register for any of the Cluster services or send any information about yourself to us. If we learn that we have collected or have been sent Personal Data from a child under the age of 16, we will delete that Personal Data as soon as reasonably practicable without any liability to Cluster. If you believe that we might have collected or been sent information from a minor under the age of 16, please contact us at email@example.com as soon as possible.