You are not required to provide us with any Personal Data, and may do so (or avoid doing so) at your sole discretion.
If you do not wish to provide us with Personal Data, or to have it processed by us or any of our Service Providers (as defined in Section 4 below), please do not enter our Sites or use the DigiMax Services. You may also choose not to provide us with “optional” Personal Data, but please keep in mind that without it we may not be able to provide you with the full range of DigiMax Services or with the best user experience when using the DigiMax Services.
1. Data Collection
We may collect technical data, profile data, content, and other data from you, your organization, or other third-party sources.
We collect various types of Personal Data regarding our Users. Such Personal Data is typically collected and generated through your interaction with us or our Sites, through automatic means, or directly from you, from other Users, or from other third parties (including Service Providers).
Specifically, we collect the following categories of information which may contain Personal Data:
- Data automatically collected or generated: When you visit, interact with, or use our Sites or the DigiMax Services, we may collect, record or generate certain technical data about you. We do so either independently or with the help of our Service Providers, including through the use of “cookies” and other tracking technologies (as detailed in Section 5 below).
- Such Personal Data may consist of connectivity, technical and aggregated usage data, such as IP addresses and general locations, device data (like type, operating system, mobile device id, browser version, locale, and language settings used), date and time stamps of usage, the cookies and pixels installed or utilized on such device and the recorded activity (sessions, clicks, and other interactions) of Users in connection with the DigiMax Services. In addition, phone calls (e.g. with our customer success or product consultants) may be automatically recorded, tracked and analyzed, for purposes including analytics, service-, operations-, and business quality control and improvements, and record-keeping purposes.
- You may also send us a “Contact Us” or support requests, or provide us with feedback, reviews, or answers to surveys or promotions, including by submitting an online form on our Sites or social media channels, by posting on any of our online public forums or communities, by sending an email to any of our designated addresses, or any other form of communication. Such data may include details on a problem you are experiencing, contact information and any other documentation, screen recording, screenshots, or other information.
- Our Users may provide us with additional User Data such as their billing details, business needs, and preferences.
- Personal Data received from other third parties: We may receive Personal Data concerning you from other sources. For example, if you participate in an event, webinar, or promotion that we sponsor or participate in, we may receive your Personal Data from its organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details, and professional experience, preferences, and interests) from our business partners or Service Providers, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.
- Data concerning service integrations: If, when using the DigiMax Services, you or your employees or agents choose to integrate your account on a third-party service (and such service is supported by the DigiMax Services), we will connect and integrate that third-party service to ours. The third-party provider of this integration may receive certain relevant data about or from your account (including User Data), or share certain relevant data from your account on their service with the DigiMax Services, depending on the nature and purpose of such integration. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key in order to integrate with them). If you do not wish your Personal Data to be shared with such third-party service(s), please notify your account administrator.
- Data obtained through Analytics Tools: We use analytics tools (e.g. Google Analytics) to collect data about the use of our Sites and the DigiMax Services. Analytics tools collect data such as how often Users visit or use the Sites or the DigiMax Services, which pages they visit and when, and which website, ad, or email message brought them there.
2. Data Uses
We use Personal Data to provide, improve and secure the DigiMax Services; for analytics, marketing, and sales purposes; to comply with applicable laws; and to support our legitimate interests.
We use Personal Data as necessary for the performance of the DigiMax Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving the DigiMax Services, e.g. in understanding how the DigiMax Services are used and how our marketing campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling the DigiMax Services to you and others; providing customer service and technical support; and protecting and securing our Users, ourselves and the DigiMax Services.
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
Specifically, we use Personal Data for the following purposes:
- To facilitate, operate, and provide the DigiMax Services.
- To authenticate the identity of our Users, and to allow them to access the DigiMax Services;
- To provide our Users with assistance and support;
- To gain a better understanding of how Users evaluate, use, and interact with the DigiMax Services, and how we could improve their User experience, and continually improving our products, offerings, and the overall performance of the DigiMax Services;
- To facilitate and optimize our marketing campaigns, ad management, and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using the DigiMax Services and thereby increasing your engagement and overall satisfaction with the DigiMax Services. This includes contextual, behavioral, and interests-based advertising based on the User’s activity, preferences, or other data available to us or to our business partners;
- To contact our Users (whether existing or prospective) with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Section 6 below);
- To facilitate, sponsor and offer certain events, contests, and promotions;
- To publish your feedback and submissions to our public forums and blogs;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
- To comply with applicable laws and regulations.
In respect of Personal Data we obtain from Google OAuth API Scopes, which is used in our integration with certain Google services (the “Integrated Google Services”), our use of such Personal Data and any aggregated or anonymized data that is derived from such Personal Data (the “Restricted Personal Data”) is limited to the following:
- Facilitating, operating, supporting, providing, and improving the Integrated Google Service;
- Troubleshooting or security purposes (such as investigating a bug or abuse);
- Compliance with applicable law and regulations;
- For our internal operations, provided that the Restricted Personal Data (including derivations thereof) have been aggregated and anonymized;
- In accordance with your express consent.
Our use of Restricted Personal Data, and our transfer of Restricted Personal Data to any third party, will adhere to Google’s Limited Use Requirements.
3. Data Location & Retention
We may store your Personal Data in multiple locations around the world, for as long as necessary in accordance with our reasonable business needs (as necessary for the performance of the DigiMax Services or for supporting and exercising our legitimate interests); and in accordance with our legal obligations.
Data Location: Your Personal Data may be maintained, processed, and stored by us and our Service Providers in multiple locations, including in the United States of America, Canada, and other jurisdictions, as reasonably necessary for the proper performance and delivery of the DigiMax Services, or as may be required by law.
Data Retention: We will retain your Personal Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with the DigiMax Services; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes.
Except as required by applicable law or any express agreement with you, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at [email protected]
4. Data Sharing
We share your Personal Data with our Service Providers; within our group; in accordance with legal compliance and amongst Users on shared boards.
Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant, or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of the DigiMax Services.
Service Providers: We may engage selected third-party companies and individuals to perform services complementary to our own (“Service Providers”). Such Service Providers include hosting and server co-location services, communications, and content delivery networks, data and cybersecurity services, billing and payment processing services, fraud detection and prevention services, web analytics, email distribution, and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, email, voicemails, support and customer relationship management systems, and our legal and financial advisors.
Our Service Providers shall be deemed as ‘Data Processors’ in circumstances where DigiMax assumes the role of ‘Data Controller’; and where DigiMax acts as the Data Processor for our User, the Service Provider shall be deemed our ‘Sub-Processor’ (as further described in Section 9 below).
Sharing Personal Data other Users: We may share your Personal Data with the User owning the account to which you are subscribed as a User (including data and communications concerning your User Profile). In such cases, sharing such Personal Data means that the account’s administrators may access it on behalf of the account owner, and will be able to monitor, process, and analyze your Personal Data. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same User).
Any Personal Data or other content submitted by you to private User boards may still be accessed, copied, and processed by the account owner. Your User Profile and User Data will also be made available to all the authorized Users who can view the same User board(s) as you. DigiMax is not responsible for and does not control any further disclosure, use, or monitoring by or on behalf of the User who controls such a User board, who themselves acts as the “Data Controller” of such Personal Data (as further described in Section 9 below).
If you register or access the DigiMax Services using an email address at a domain that is owned by your employer or organization, and another team within such organization wishes to establish an account on the Site, certain information about you including your name, profile picture, contact info and general use of your account may become accessible to that User’s administrator and Users.
Sharing your Feedback or Recommendations: If you submit a public review or feedback, we may (at our discretion) store and present your review to other Users of our Sites and the DigiMax Services. If you wish to remove your public review, please contact us at [email protected]
Community Forum: Our Sites may include public blogs or forums. Any information you submit on these forums, blogs, or communities - including profile information associated with the account you use to post the information - may be read, collected, and used by others who access these Sites. Due to the nature of such public forums, your posts and certain profile information may remain visible to all even after you terminate your account. To request removal of your information from Sites operated by us, please contact us as provided in Section 10 below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.
Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property, or personal safety of DigiMax, any of our Users, or any members of the general public.
DigiMax may share your Personal Data in additional ways, pursuant to your express approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share, or otherwise use non-personal data at our sole discretion and without the need for further consent from, or notice to, you.
5. Cookies and Tracking Technologies
We do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application. However, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
We engage in service and promotional communications, through email, phone, SMS/Text, and notifications.
DigiMax Services Communications: We may contact you with important information regarding the DigiMax Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to the DigiMax Services, billing issues, service changes, log-in attempts or password reset notices, etc. Account owners, and other Users on the same account, may also send you notifications, messages, and other updates regarding their or your use of the DigiMax Services. You can control your communications and notifications settings from your User Profile settings. However, you will not be able to opt-out of receiving certain service communications that are integral to your use (like password resets or billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, events, and special opportunities, or any other information we think our Users will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile, or email), through the DigiMax Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify DigiMax at any time by sending an email to [email protected] changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change email preferences” instructions contained in the promotional communications you receive.
7. Data Security
In order to protect your Personal Data held with us, we use industry-standard physical, procedural, and technical security measures, including encryption as appropriate. However, regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.
8. Data Subject Rights
Individuals have rights concerning their Personal Data. You may exercise your rights by contacting us or your account administrator.
If you wish to exercise your rights under any applicable law, including the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as the right to request access to, and rectification or erasure of your Personal Data held with DigiMax, or to restrict or object to Personal Data processing, or to port such Personal Data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by email at [email protected]
Please note that once you contact us by email, we may instruct you on how to fulfill your request independently through your User Profile settings; or may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will then be retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.
If you would like to make any requests or queries regarding Personal Data we process on your account owner’s behalf, please contact the account’s administrator directly. For example, if you are a User who wishes to access, correct, or delete data processed by DigiMax on behalf of an account manager, please direct your request to the relevant account manager or administrator (who is the “Data Controller” of such data – see Section 9).
9. Data Controller/Processor
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “Data Processor” (or under the CCPA, “service provider”), who processes the data on behalf of the Data Controller (or business). Below we explain how these roles apply to the DigiMax Services, to the extent that such laws and regulations apply.
If any of our Users upload or submit customer data or other content to the DigiMax Services which includes Personal Data (e.g., by submitting their own clients’ contact details to one of their User boards), such data will only be processed by DigiMax on behalf of that User, who is the owner of the relevant account, along with all other User Data processed on such User’s behalf.
In such instances, the User operating the account shall be deemed the “Data Controller” of such Personal Data, and DigiMax will process such data on the User’s behalf, as its “Data Processor”, in accordance with its reasonable instructions, subject to our Terms of Service, our Data Processing Agreement with such User (to the extent applicable) and other commercial agreements. DigiMax’s Service Providers shall act as designated Sub-Processors in these instances. The User supplying such Personal Data will be responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to data subject rights requests concerning the data they control).
10. Additional Notices
We are not responsible for the privacy policies or practices other websites or services; we have appointed a Data Protection Officer and have designated a Representative in the EU. Don’t hesitate to contact our Data Protection Officer with any questions regarding privacy and data protection!
The DigiMax Services are not designed to attract children under the age of 16: We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 16 is using the DigiMax Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any Personal Data stored with us with regard to such a child. If you believe that we might have any such Personal Data, please contact us by email at [email protected]