Privacy Policy

At SetSail, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing SetSail’s Platform (as defined below), website(s), products, services, and applications (collectively, “SetSail” or the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that the use of SetSail’s Sales Behavior Management platform (the “Platform”) is at all times subject to SetSail’s services agreement.

This Privacy Policy covers only how we, at SetSail, treat your personal data, but it does not cover how any third parties, including SetSail’s Customers (as defined below), may treat your Personal Data.  We have identified below which of your Personal Data we collect on our own behalf and which of your Personal Data we collect on behalf of our Customers. If we are processing your Personal Data on behalf of a Customer, and SetSail is therefore acting solely as a processor or service provider, you should contact the entity that provided you access to SetSail’s Platform, the Controller or Business (as defined in the applicable privacy regulation), to address your rights with respect to such data. “Customers” means the party that contracts with SetSail to make SetSail’s Platform available to you, which may be your employer or an entity controlling or affiliated with your employer.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@setsail.co.

As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. If we make significant changes to the Privacy Policy, we will alert you to any such changes by placing a notice on the SetSail website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. As mentioned above, this Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months through your use of our Platform. SetSail acts as a Processor or Service Provider with respect to this data:

Examples of Personal Data We Collect

Profile or Contact Data

• First and last name
• Email
• Phone number
• Business mailing address
• Unique identifiers such as passwords

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers
• Analytics Partners

Payment Data

• Billing address, phone number, and email

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers

Commercial Data

• Purchase history

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers

Online Identifiers

• Unique identifiers such as account name and passwords

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers
• Analytics Partners

Device/IP Data

• IP address
• Device ID
• Domain server
• Type of device/operating system/browser used to access the Services

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers
• Analytics Partners

Web Analytics

• Browsing or search history
• Web page interactions
• Referring webpage/source through which you accessed the Services
• Non-identifiable request IDs
• Statistics associated with the interaction between device or browser and the Services

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers
• Advertising Partners
• Analytics Partners

Professional or Employment-Related Data

• Job title

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers

Geolocation Data

• IP-address-based location information

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers
• Analytics Partners

Other Identifying Information that You Voluntarily Choose to Provide

• Identifying information in emails, letters, texts, or other communications from users

Categories of Third Parties With Whom We Share this Personal Data:

• Customer
• Service Providers

This chart details the categories of Personal Data that we collect and have collected over the past 12 months through your use of all of our other Services (excluding the Platform). SetSail acts as Controller or Business with respect to this data:

Profile or Contact Data

• First and last name
• Email
• Phone number
• Business mailing address
• Unique identifiers such as passwords

Categories of Third Parties With Whom We Share this Personal Data:

• Service Providers
• Advertising Partners
• Analytics Partners

Device/IP Data

• IP address
• Device ID
• Domain server
• Type of device/operating system/browser used to access the Services

Categories of Third Parties With Whom We Share this Personal Data:

• Service Providers
• Advertising Partners
• Analytics Partners

Web Analytics

• Browsing or search history
• Web page interactions
• Referring webpage/source through which you accessed the Services
• Non-identifiable request IDs
• Statistics associated with the interaction between device or browser and the Services

Categories of Third Parties With Whom We Share this Personal Data:

• Service Providers
• Advertising Partners
• Analytics Partners

Geolocation Data

• IP-address-based location information

Categories of Third Parties With Whom We Share this Personal Data:

• Service Providers
• Advertising Partners
• Analytics Partners

‍

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You

When you provide such information directly to us.

• When you create an account or use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.  

When you use the Services and such information is collected automatically.

• Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
• If you use a location-enabled browser, we may receive information about your location.
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

Third Parties

Vendors

• We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
• We may use vendors to obtain information to generate leads and create user profiles.

Advertising Partners

• We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.

Social Networks

• If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

Providing, Customizing and Improving the Services

• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the “CPRA”).

Marketing the Services

• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about SetSail or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, SetSail or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.
  

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice. We do not knowingly collect sensitive personal information.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:

• Hosting, technology and communication providers.

Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:

• Ad networks.
• Marketing providers.
• Data Brokers.

Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.

Customers. This party contracts with SetSail to make SetSail’s Platform available to you.

• This party may be your employer or an entity controlling or affiliated with your employer. Note that we will only share your Personal Data with the specific Customer that contracted with SetSail to make the Platform available to you, and not with any of our other Customers.

Parties You Authorize, Access or Authenticate

• Third parties you access through the services.
• Social media services.
• Other users.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.  

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
• Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by clicking <LINK>. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

Information about Interest-Based Advertisements:

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer’s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/.

Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

Data Retention

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example, we retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

We do not knowingly collect or solicit Personal Data about children under 16  years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at privacy@setsail.co.

CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights under CPRA and VCDPA” section below for instructions regarding how to exercise these rights. Please note that we may process your Personal Data on behalf of a Customer, and we are therefore acting solely as a service provider with respect to that Personal Data. If we are processing your Personal Data as a service provider, you should contact the entity that provided you access to SetSail’s Platform, the Business, to address your rights with respect to such data. The following section applies only to your Personal Data that we collect on our own behalf as a Business.  

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@setsail.co.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.
  

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Personal Data Sales and Sharing Opt-Out and Opt-In

Under the CPRA, California residents have certain rights when a business “sells” Personal Data or “shares” Personal Data with third parties for purposes of cross-contextual behavioral advertising. As described in the “Tracking Tools, Advertising and Opt-Out section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CPRA, sharing your data through third party Cookies for online advertising and cross-contextual behavioral advertising may be considered a “sale” and/or “share” of information. You can opt out of these sales and the sharing of Personal Data by following the instructions in this section. We sell your Personal Data to or share your Personal Data for the purposes of cross-contextual behavioral advertising with the following categories of third parties:

• Advertising Partners.
• Analytics Partners.

Over the past 12 months, we have sold or shared the following categories of your Personal Data to the categories of third parties listed above:

• Device/IP Data
• Web Analytics
• Consumer Demographic Data
• Geolocation Data
• Other Identifying Information that You Voluntarily Choose to Provide

We have sold or shared the foregoing categories of Personal Data for the following business or commercial purposes:

• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.]

You have the right to opt-out of the sale and sharing of your Personal Data. You can opt-out using the following methods:

• You can complete the online form found here: Do Not Sell or Share My Personal Information.
• Email us at privacy@setsail.co.  
• By implementing the Global Privacy Control or similar control that is legally recognized by a government agency or industry standard. Please note this does not include Do Not Track signals. Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale or sharing of your Personal Data for at least 12 months.

To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age for any purpose, including cross-contextual behavioral advertising.

We Will Not Discriminate Against You for Exercising Your Rights Under the CPRA

We will not discriminate against you for exercising your rights under the CPRA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CPRA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CPRA) with varying levels of services you receive related to the value of Personal Data that we receive from you.

Virginia Resident Rights

If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”). Please see the “Exercising Your Rights under CPRA and VCDPA” section below for instructions regarding how to exercise these rights. Please note that we may process your Personal Data on behalf of a Customer, and we are therefore acting solely as a service provider with respect to that Personal Data. If we are processing your Personal Data as a service provider, you should contact the entity that provided you access to SetSail’s Platform, the Business, to address your rights with respect to such data. The following section applies only to your Personal Data that we collect on our own behalf as a Business.  Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@setsail.co.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete your Personal Data.

Opt-Out of Certain Processing Activities

• You have the right to opt-out of the processing of your Personal Data for targeted advertising purposes. We process your Personal Data for targeted advertising purposes. To opt-out of our processing of Personal Data for targeted advertising purposes, please email us at privacy@setsail.co.
• You have the right to opt-out to the sale of your Personal Data. As discussed in the “Personal Data Sales Opt-Out and Opt-In” and “Personal Data Sharing Opt-Out and Opt-In” under the “California Resident Rights” section, some of our data sharing relationships constitute a “sale” as defined by the Virginia Consumer Data Protection Act (“VCDPA”).
• You have the right to opt-out from the processing your Personal Data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the VCDPA. We will respond to your appeal within 60 days of receiving your request. If we deny your appeal, you have the right to contact the Virginia Attorney General using the methods described at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

You may appeal a decision by emailing us at: privacy@setsail.co (title must include “VCDPA Appeal”).

Exercising Your Rights under CPRA and VCDPA

To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (including your Company name, role and the type of record to be deleted), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request

• by emailing us at privacy@setsail.co
• by sending us a letter to:

SetSail Technologies, Inc.548 Market Street, Suite 55554San Francisco, CA 94104-5401

If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@setsail.co.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy@setsail.co with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

European Union and United Kingdom Data Subject Rights

EU and UK Residents

If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.  Please note that we may process your Personal Data on behalf of a Customer, and we are therefore acting solely as a processor with respect to that Personal Data. If we are processing your Personal Data as a processor, you should contact the entity that provided you access to SetSail’s Platform, the Controller, to address your rights with respect to such data. The following section applies only to your Personal Data that we collect on our own behalf as a Controller.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. SetSail will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@setsail.co. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect

The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity:  We process your Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

• Profile or Contact Data
• Device/IP Data

Legitimate Interest:  We may also process your Personal Data when we believe it furthers the legitimate interest of us or third parties, and we may also de-identify or anonymize Personal Data to further our legitimate interests.  This includes:

• Profile or Contact Data
• Device/IP Data
• Web Analytics
• Geolocation Data

Examples of these legitimate interests include:

• Providing, customizing and improving the Services.
• Marketing the Services.
• Corresponding with you.
• Meeting legal requirements and enforcing legal terms.
• Completing corporate transactions.

Consent:  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.

EU and UK Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at privacy@setsail.co. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  

• Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification:  If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure:  You can request that we erase some or all of your Personal Data from our systems.  
• Withdrawal of Consent:  If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection:  You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint:  You have the right to lodge a complaint about SetSail's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

The Services are hosted and operated in the United States (“U.S.”) through SetSail and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to SetSail in the U.S. and will be hosted on U.S. servers, and you authorize SetSail to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.

Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at the following email address: privacy@setsail.co

If you are located in the EU or UK, you may use the following information to contact our EU or UK-Based Member Representative:

EU: DP-Dock GmbH, Attn: SetSail Technologies, Inc., Ballindamm 39, 20095 Hamburg, Germany

UK: DP Data Protection Services UK Ltd., Attn: SetSail Technologies, Inc., 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom

www.dp-dock.com
setsail@gdpr-rep.com

Other Considerations SetSail’s use of information received, and SetSail’s transfer of information to any other app, from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use Requirements.

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