Date: 17 May 2024
Version: 1.2.0

Introduction

Cloutive respects the privacy of its customers, suppliers and partners. We have therefore formulated and implemented a policy on complete transparency regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way. For employees, we have formulated a separate privacy policy, available upon employment and upon request.

This privacy policy pertains to processing by Cloutive by means other than through the use of cookies. Cloutive has formulated a separate cookie policy, which can be found on our Cloutive’s websites: www.cloutive.com

Definitions

• Party responsible for processing personal data: Cloutive; with registered address at Kraanspoor 50, 1033 SE Amsterdam, Netherlands, in The Netherlands; company registration number 77840526 and Data Protection Officer Dee Cooke who can be reached at dee.cooke@cloutive.com (the “Controller”).
• Data Protection Authority: The Data Protection Authority of The Netherlands.
• Data Protection laws:
  • For European citizens or residents, the EU GDPR 2018; the EU e-privacy directive 2002 (soon to be replaced by the EU e-privacy regulation);
  • For UK citizens or residents, the UK GDPR 2020 and the UK Data Protection Act 2018
  • and the national laws of the countries where we operate.

Collection of data

• Your personal data will be collected by Cloutive and its data processors.
• Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
• An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  

The types of personal data we may process:

Purposes

Cloutive processes personal data for one or more of the following purposes:

• Customer, employee, contractor, partner or supplier management
• Business and financial administration
• Direct marketing
• Delivery of goods or services
• Work planning

How we collect, store or otherwise process your data:

The following business processes describe how we may collect, store or otherwise process the types of personal information set out in the table above:

• Collection of cookies, subscription to newsletter or filling out the contact form on the website(s);
• Analyse trends and profiles, for our legitimate interest to aim to enhance, modify, personalise and improve our services and communications for the benefit of our customers;
• Process and respond to support requests, enquiries and complaints received from you through use of business email;
• Provide services and products requested and/or purchased by you and to communicate with you about such services and/or products. We do this as necessary in order to carry out a contract with you and in accordance with our legitimate interest to operate a business;
• Carry out administrative activities such as invoicing and collecting payments either locally on devices or using cloud-services;
• Store and exchange personal information contained in documents through email and cloud-services;
• Marketing and customer acquisition through email or using cloud-services.

Sharing data with third parties

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your Personal Data outside The Netherlands. If we do, you can expect a similar degree of protection in respect of your Personal Data.
We will only share your Personal Data with third parties in accordance with the GDPR and as outlined in the legal justification.
We share your personal data with the enterprise third parties. We also share your data with SME third parties, details of which are available upon request.

International data transfers

The third parties we have engaged for the above mentioned business process may transfer your personal information to outside of your jurisdiction. Cloutive’s third party processors take all necessary measures to ensure the confidentiality, availability and integrity of personal data and to comply with the GDPR with regards to international data transfers. The international nature of its compliance certifications, as well as far-reaching technical security measures (including but not limited to encryption of the personal data, making the data illegible to an unauthorised recipient) are sufficient to ensure that the data subjects continue to benefit from the fundamental rights they are entitled to under the GDPR.

Where Cloutive transfers data to third countries, it relies on the following legal grounds for international data transfers:

• An Adequacy Decision in accordance with article 45 of the GDPR
• In the absence of an Adequacy Decision, appropriate safeguards in the form of Standard Contractual Clauses or Binding Corporate Rules.

In the event that Cloutive is reliant on Standard Contractual Clauses for the legality of its international data transfer, it ensures that the Processor or Subprocessor takes supplementary security measures to safeguard the international data transfer with one or more of the following measures:

• Encryption;
• Anonymisation;
• Pseudonymisation.

Storage and protection of data

Your data is protected by Cloutive and its processors in pursuance to all legal requirements set by the relevant data processing laws. Cloutive has taken technical and organizational security measures to protect your data and requires its data processors to meet the same requirements. Cloutive has signed processing agreements with its processors to ensure an adequate level of data protection.

The following security measures are taken by Cloutive to protect your personal data in the course of the listed business processes:

Organisational security measures

Staff

Cloutive staff members are required to conduct themselves in a manner consistent with Cloutive’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. All staff members undergo appropriate background checks prior to hiring and sign a confidentiality agreement outlining their responsibility in protecting customer data.

We continuously train staff members on best security practices, including how to identify social hacks, phishing scams, and hackers.

Access controls

Cloutive maintains your data privacy by allowing only authorized individuals access to information when it is critical to complete tasks for you. Cloutive staff members will not process customer data without authorisation.

Data hosting

As a rule, data is hosted within countries and areas that provide a substantially similar level of protection as data subjects have under the GDPR. To ensure this, we rely on Adequacy Decisions as a legal basis for our international data transfers. In exceptional circumstances, where data is transferred to a country or area not subject to an Adequacy Decision, we rely on Standard Contractual Clauses with the recipient and take supplementary security measures to secure this data transfer, such as anonymisation.

Physical security

The data centres on which personal data is hosted are secured and monitored 24/7 and physical access to facilities is strictly limited to select staff.

Technical security measures

All devices which are used to access personal data for which we are responsible are secured with antivirus software, firewalls, encryption and access management. We regularly update operating systems and software to ensure vulnerabilities cannot be exploited.

We carry out regular vulnerability scanning of our website and have engaged credentialed external auditors to verify the adequacy of our security and privacy measures.

Your rights regarding information

Each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of their personal data, as well as the right to object to the processing and the right to data portability.You also have the right to request that you are not made subject to decision making based solely on automated processes, including profiling, if these decisions would have a significant effect on you.

You can exercise these rights by contacting us at the following email address: info@cloutive.com. If we have any doubts as to your identity, we may request you to provide us with proof of identification, such as through sending us a copy of your valid ID. Ensure that you write “Data Request” in the subject line of your email.

Within one month of the submitted request, you will receive an answer from us. We will not charge you for submitting your request unless the request is manifestly unfounded or otherwise unreasonable in its nature. Depending on the complexity and the number of the requests this period may be extended to two months.

Marketing

• You may receive commercial offers from Cloutive. If you do not wish to receive them (anymore), please send us an email to the following address: info@cloutive.com and ensure that you write “Data Opt-Out” in the subject line of your email.
• Your personal data will not be used by our partners for commercial purposes.
• If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The collector is not responsible in these circumstances.

Data retention

The collected data are used and retained for the duration determined by law. You may, at any time, request your data to be deleted from any Cloutive account, system or other data processing medium in accordance with the process described above.

Applicable law

These conditions are governed by the laws and regulations of the country where we are headquartered. The court in the district where we are headquartered has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.

Children’s data

We do not knowingly process children’s data, unless specifically stated in this Privacy Policy. If you have concerns about or knowledge of a child using our services, products, websites or apps without parental consent, please contact our DPO via dee.cooke@cloutive.com to ensure we can take appropriate action as soon as possible.

Contact

For questions about this privacy policy, product information or information about the website itself, please contact: info@cloutive.com.