Cluster Privacy and Data Protection Policy and Notice
Last modified: April 13th, 2022
Algopix Holdings Ltd and/or Algopix Holdings US Inc. and its subsidiaries (“Cluster”, “Algopix“, “we“, “our” or the “Company“, and their cognates) respects the privacy of its Users, employees and website visitors, and is committed to protecting the personal information you may share with us. We also protect our followers, vendors, service providers, partners and others who come in contact with Cluster (these and any others with respect to whom we collect personal data, shall collectively be referred to as “Users” or “you” or “Data Subjects”).
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, and our employees.
Cluster will usually be a data processor (the “Processor“) in relation to the Personal Data uploaded by our Users in relation to products and their vendors or customers.
WHICH INFORMATION MAY WE COLLECT?
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:
One type of data is non-identifiable and anonymous information (“non-personal data”). We also collect several categories of personal data (“Personal Data“). Personal Data which is being gathered consists of any details which are personally identifiable 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 identifier by which you may be contacted online or offline as well as your credit card and other such payment and billing details, billing address, login credentials, your Cluster account username and password and usage details, and other information you may choose to provide to Cluster. 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.
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 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.
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.
Cluster also collects data relating to employees. This is governed by a specific notice we have made available to our employees.
Cluster also collects data relating to its own employment candidates. This includes CVs and the data contained therein, notes on meetings, standardized tests, reports, references, interviewer impressions and such industry standard data, as well as collecting data made publicly available or available to us on social networks. We collect such data based on the intention of the candidate to enter into an employment agreement with Cluster.
Data we process on behalf of our Users:
You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
HOW DO WE COLLECT PERSONAL DATA OF YOURS ON Cluster FACILITIES AND SERVICES?
We collect Personal Data through your use of our Website. In other words, when you are using the Website 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 used to connect your computer to the Internet, your uniform resource locators (URL), operating system, type of browser, browser plug-in types and versions, screen resolution, Flash version, time zone setting, the User’s ‘clickstream’ on the website, the period of time the User visited the website, methods used to browse away from a page, and any phone number used to call our User service number. We likewise place cookies on your browsing devices (see section ‘Cookies’ below), though you may block these.
We collect Personal Data required to provide services when you register interest and/or open an account. In addition, we collect your Personal Data, when you provide us such information by entering it manually or automatically, or through your use of our website, facilities and services, or in connection with site visits, in the course of preparing a contract, or otherwise in engaging with us.
WHAT ARE THE PURPOSES OF PERSONAL DATA WE COLLECT?
We will use Personal Data to provide and improve our services to our Users and others and meet our contractual, ethical and legal obligations, including for example:
- To present our website and its contents to you;
- administering your account with Cluster including to identify and authenticate you;
- to provide you with the information, products and services that you request from Cluster;
- verifying and carry out financial transactions in relation to payments you make in connection with the products;
- contacting you for the purpose of providing you with technical assistance and other related information about the products;
- to allow you to participate in interactive features on our Website
- to carry out and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to enable us to meet our legal, contractual, ethical and business obligations as an employer and a potential employer for our employees and job applicants;
- notifying you about changes to our service and products;
- replying to your queries, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
- contacting you to give you commercial and marketing information about events or promotions or additional services and 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;
- contacting you to inform you of additional services which may be of interest to you;
- 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:
Members of our Group: This includes any member of our group, which means the Cluster parent company and subsidiaries – whether wholly or partially owned by Cluster.
Third Parties. 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, and our marketing.
We periodically add and remove third party providers. At present our third-party providers to whom we may transfer personal data include also the following:
– contracted developers, designers and consultants
– Our lawyers, accountants, local payroll service providers, other standard business service providers
– Other industry standard business software and partners.
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.
For avoidance of doubt, Cluster may transfer and disclose non-personal data to third parties at its own discretion.
WHERE DO WE STORE YOUR DATA?
We store your Personal Data in [one of our server farms located in the US.
We may in the future also keep Personal Data in servers which will be owned or controlled by Cluster, or processed by third parties on behalf of Cluster, by reputable cloud-service providers in [the US] or in the EU, including use of cloud-service providers with servers located in the US; see the following section regarding international data transfers.
INTERNATIONAL DATA TRANSFERS
We transfer personal data outside of the EU/EEA to the US.
We may transfer your personal data outside of the EEA [to the US], in order to:
store or backup the information;
enable us to provide you with the services and products and fulfil 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;
– to serve our Users across multiple jurisdictions; and
– to operate our parent company, subsidiaries and affiliates in an efficient and optimal manner.
Cluster retains personal data for as long as required to provide the services, or for other reasons. Our Users decide when to delete data they control.
Cluster will retain personal data it processes only for as long as required in our view, to provide the services and as necessary to comply with our legal and other obligations, to resolve disputes and to enforce agreements. We will also retain personal data to meet any audit, compliance and business best-practices.
SERVICES AND WEBSITE DATA COLLECTION AND COOKIES
We place cookies and collect browsing data and online identifiers. You may control these in your browser settings.
When you access or use our services or Website, Cluster may use industry standard technologies such as cookies, pixels and similar technologies, which store certain information on your computer or browsing device and which will allow us to identify the computer or device and in some cases to identify them with the user, and to enable automatic activation of certain features, and make your user experience more convenient and effortless. We use different types of cookies: some cookies are strictly necessary, they are required for the operation of our Website and services under our terms with you; this includes for example, cookies that enable you to log into secure areas of our services. We also use analytical and performance monitoring cookies, which allow us to recognise and count the number of visitors and to see how visitors move around our website and services when they are using it. Finally, we use functionality cookies which are used to recognise you when you return to our Site. This enables us to personalise content to your preferences, including for example, your choice of language or region.
Different cookies are kept for different periods. Session cookies are used to keep track of your activities online in a given browsing session; these cookies generally expire when the browser is closed but may be retained for a period on your device. Permanent cookies remain in operation even when you have closed the browser; they are used to remember your login details and password. Third-party cookies are installed by third parties with the aim of collecting certain information to research behaviour, demographics. Third party cookies on our site include, for example, Google Analytics. Likewise, pixels from Facebook and others enable integration of third party service providers (eg Twitter, Youtube, Pintrest, Instagram) may be embedded on our site. Third party cookies will be retained according to the terms of those third parties, and you can control those cookies in your browser settings.
Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience on our Website and services will be limited.
How to disable cookies: the effect of disabling cookies depends on which cookies you disable but, in general, the website and some services delivered through it may not operate properly, may not recognize your device, may not remember your preferences and so on, if cookies are disabled or removed. However, allowing or disabling cookies is your choice and in your control. If you want to disable cookies on our site, you need to change your browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies can be found here:
– Internet Explorer: http://windows.microsoft.com/en-GB/internet-explorer/delete-manage-cookies
– Google Chrome: https://support.google.com/chrome/answer/95647?hl=en
– Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
– Safari: http://help.apple.com/safari/mac/8.0/#/sfri11471
Our services and 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.
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 of such policies 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.
Cluster shall act in accordance with its policies and with applicable law to promptly notify the relevant authorities and data subjects in the event that any personal data processed by Cluster is lost, stolen, or where there has been any unauthorized access to it, all in accordance with applicable law and on the instructions of qualified authority. Cluster shall promptly take reasonable remedial measures.
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, and erase data. 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. As such, job references, reviews, internal notes and assessments, documents and notes including proprietary information or forms of intellectual property, cannot be accessed or erased or rectified by data subjects. In addition, these rights may not be exercisable where they relate to data that is not in a structured form, for example emails, or where other exemptions apply. If processing occurs based on consent, data subjects generally have a right to withdraw their consent.
If, for any reason, a data subject wishes to modify, delete or retrieve their Personal Data, they may do so, where applicable, by contacting Cluster (info@Datacluster.com). Note that Cluster will have to undertake a process to identify a data subject exercising their rights. Cluster keeps details of such rights exercised for its own compliance and audit requirements. 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.
Data subjects in the EU have the right to lodge a complaint, with a data protection supervisory authority in the place of their habitual residence. Our lead supervisory authority is the Information Commissioner’s Office (ICO) in United Kingdom. (www.ico.org.uk). If the supervisory authority fails to deal with a complaint you may have the right to an effective judicial remedy.
Where Cluster is a Processor, any data subject rights may be exercised only through the relevant Controller.
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 Service 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: info@Datacluster.com, as soon as possible.
Cluster contact details: info@Datacluster.com