Privacy Policy
Effective date: November 01, 2020
Cleverday Oy Business ID (Y-tunnus): 2618131-3 hereinafter (‘Cleverday’) respects the privacy rights of Users supplying their data and provides this Privacy Policy to let User know Cleverday’s policies and procedures regarding the collection, use, protection and disclosure of the User’s information in connection with the use of Cleverday online services and to describe the choices available to User regarding this usage and how to update and correct User’s information.
This Privacy Policy is an integral part of the Cleverday User’s Agreement accessible at: https://cleverday.com/agreement. The Privacy Policy is to be read together with the standard contractual clauses and the data processing agreement provided as part of the Agreement.
Cleverday may, in its sole discretion, amend this Privacy Policy at any time by posting a revised version on the site at https://cleverday.com.
Any revisions to this Privacy Policy will take effect on the noted effective date or when posted if there is no noted effective date.
Please review Cleverday User’s Agreement and Privacy Policy before accessing or using the Cleverday Software. If You do not agree to all of these terms, You may not register, access and use any part of Cleverday Software.
Personal Data
Cleverday collects and processes two different sets of personal data within the meaning of the General Data Protection Regulation (2016/679). For the first of these sets, Cleverday is the data controller (“Cleverday Personal Data”), while for the second set the User is the data controller and Cleverday is the data processor (“User’s Personal Data”).
Cleverday Personal Data
Cleverday collects and processes the following personal data for which Cleverday is the data controller:
| Data subject | Category of personal data | Purpose of processing | Erasure |
|---|---|---|---|
| Users of the Software | Name, contact information (collected from the user) | Identifying the user, verifying the user’s account settings and providing information on the Software in order to use Software as specified in Agreement – purpose of processing is performance of contract between User and Cleverday | Data erased after 12 months of account becoming inactive* |
| Name, contact information (collected from the user), IP address and location data (collected through use of the Software) | Troubleshooting possible errors with the Software or the User Account – purpose of processing is performance of contract between User and Cleverday | Data erased after 12 months of account becoming inactive* | |
| Email addresses provided to third party mailing service provider (collected from user) | Sending reports concerning the Software to the User – purpose of processing is performance of contract between User and Cleverday | Data erased after 12 months of account becoming inactive* | |
| Name, contact information, IP address, social media profiles or email address connected by User to account provided to third party customer messaging platform (collected from the user) | Sending information concerning the Software – purpose of processing is performance of contract between User and Cleverday | Data erased after 12 months of account becoming inactive* |
* Cleverday may retain the personal data for longer than 12 months in order to satisfy a legal obligation to do so or due to an impending or ongoing dispute, in which case the personal data shall be retained for the period required to fulfil the legal obligation or reach a final decision/settlement in the dispute.
In addition to the above, the User is requested by a payment provider to provide certain personal data in order to fulfil payments relating to the Software. Such payments are carried out between the payment provider and the User, and for such data Cleverday is neither the controller nor the processor.
User’s Personal Data
This Privacy Policy applies solely to User’s information collected by Cleverday and does not cover other websites and services that we may link to. If You go to another website from this one, read the privacy policy on that website to find out what it does with your information.
| Data subject | Category of personal data | Processing carried out by Cleverday | Erasure |
|---|---|---|---|
| Users of the Software | Email address and password, application store logins and passwords, social media logins and passwords (collected from the user) | Sending emails or social media messages using the Software by User; posting reviews in application stores by User | Data erased or transferred to User after 12 months of account becoming inactive* |
* Cleverday may retain the personal data for longer than 12 months in order to satisfy a legal obligation to do so or due to an impending or ongoing dispute, in which case the personal data shall be retained for the period required to fulfil the legal obligation or reach a final decision/settlement in the dispute.
The User, as the Data Controller, is responsible for ensuring that the above personal data is collected for legitimate purposes, and for providing information, if applicable, to the data subjects mentioned above about data collection/processing and the data subjects’ rights.
User’s Personal Data is only processed by Cleverday subject to a Data Processing Agreement between the User and Cleverday. The processing is only carried out on behalf of the User, at the User’s request.
General Principles of Data Processing by Cleverday
Cleverday collects and processes personal data in accordance with the EU General Data Protection Regulation (“GDPR”), and has implemented appropriate technical and organisation measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR. As such, Cleverday respects the principles of lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality of personal data set forth in the GDPR.
The providing of some categories of personal data (e.g. name, contact information) is required by the User in order to use the Software and to fulfil the terms of the Agreement; the Software cannot be used without this personal data. Certain other categories of personal data are required in order to use certain functionalities of the Software, and are required in order to use those functionalities.
The servers of Cleverday on which the personal data referred to above are stored are in the EU/EEC.
The User accepts that Cleverday may use processors/sub-processors in its activities in relation to the Cleverday Personal Data / User’s Personal Data subject to an appropriate data processing agreement.
Such processors shall be either located in the EU/EEC, a country with an equivalent level of personal data protection as determined by the European Commission, or if located outside the EU/EEC the processing and/or transfer of data shall be carried out subject to the appropriate standard contractual clauses.
Cleverday does not collect or process sensitive personal data (e.g. data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, data concerning health or sex life). The Cleverday online services are intended for legal entities, self-employed entrepreneurs or individuals above the age of 16. Cleverday does not knowingly collect personal data from anyone younger than age 16. If you are the parent or legal guardian of a person younger than age 16 and believe that Cleverday has collected personal data from such a person, please contact us at: helpdesk@cleverday.com, we will use commercially reasonable efforts to delete such information from our files.
Furthermore, Cleverday does not profile users on the basis of personal data or otherwise use automated decision making on the basis of personal data in providing the Software.
Cleverday protects User’s information with appropriate technical and organisational measures in order to prevent any unauthorized person from gaining access to computer systems processing User’s information; to prevent any unauthorized reading, copying, alteration or removal of storage User’s information; to prevent any unauthorized memory inputs as well as any unauthorized disclosure, alteration or erasure of stored User’s information; to prevent unauthorized persons from using Cleverday Software systems by means of data transmission facilities; to prevent that authorized Users of Cleverday Software can access no User’s information other than those to which their access right refers; to take the necessary measures that User’s information being processed by employees of Cleverday or by third parties can be processed only confidentially and in the manner prescribed by the applicable legislation.
Cleverday may disclose User’s information if Cleverday has a legal obligation to do so, or if Cleverday has to seek legal remedies in order to enforce its rights under the User’s Agreement and other agreements User is subject to and User agreed to be bound by.
Rights of Data Subjects
General. Requests relating to the rights of persons whose personal data is collected or processed by Cleverday (“Data Subjects”) should be directed to helpdesk@cleverday.com. The requests will be processed without undue delay, and in any event within one month, to be extended by a further two month period when necessary. The request will be handled free of charge (unless otherwise stated below) unless it is manifestly unfounded or excessive. Cleverday will generally require Data Subjects to identify themselves in order to comply with a request relating to personal data. The Data Subject will, when possible, be informed in the event their personal data is rectified, erased, or processing of the personal data is restricted.
Right of access. Data Subjects have the right to request a copy of their personal data undergoing processing. The first request will be processed free of charge, whereas reasonable costs will be charged for any later requests. No confidential information of Cleverday or third parties shall be provided.
Right of rectification. The Data Subject has the right to request rectification of any inaccurate personal data concerning him or her.
Right of erasure and data portability. The Data Subject has the right to request erasure of personal data that is no longer necessary in relation to the purposes for which it was collected or processed or in the event erasure of the personal data is required for compliance with Finnish law. Furthermore, the Data Subject has the right to request a copy of the personal data relating to him or her, in which event the personal data will be provided in machine readable form or transferred directly to a third party, at the Data Subject’s discretion.
Right to restrict processing. The Data Subject has the right to request restriction of the processing of personal data relating to him/her if the accuracy of the data is contested, if the processing is unlawful, if Cleverday no longer needs the personal data for the purposes of the processing but the Data Subject requires said data for the establishment, exercise or defence of legal claims.
Right to lodge a complaint with supervisory authority. Each Data Subject has the right to lodge a complaint with a supervisory authority if he or she considers that the processing of personal data relating to him or her infringes his or her rights. The supervisory authority in Finland, the domicile of Cleverday, is the national Data Protection Ombudsman (www.tietosuoja.fi).
Cookie Policy
Cleverday uses cookies deposited on the User’s device in order to identify the User’s browser and operating system, and to track the user’s browser between sessions and when accessing different parts of the Cleverday website, apps and online dashboard, and in order to develop its services. Furthermore, Cleverday uses cookies in order to obtain other forms of non-personal analytics data concerning use of its website and apps, such as the page from which they access the Cleverday website, page views and duration of sessions.
None of the above information is personal data and cannot be connected to the User or any other individual person. Cleverday may use the above information with other non-personal data we collect about User to improve Cleverday Software and to improve marketing, analytics, and Cleverday website functionality, however in such a way that the User is not personally identifiable through said information.
The above cookies will only be removed once deleted by the user.
By using the Software and/or accessing and continuing to use Cleverday website in such a way that his or her browser is set to accept cookies, the User is deemed to consent to this use of cookies. However, the User can at any time withdraw this consent by setting his/her browser not to accept cookies. However, in such an event the website/Software may not work as intended.
Marketing Messages, Opting Out
Upon taking the Software into use, the User agrees to receive two different kinds of communications from Cleverday: marketing messages concerning Cleverday services, and administrative messages relating to the Software.
Users may change their choices regarding the types of communications you receive from us through your online account. The User also may opt-out of receiving marketing emails from Cleverday by following the opt-out instructions provided in those emails. Users who access Cleverday Software by using certain desktop browsers or mobile applications may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.
Please note that we reserve the right to send you certain communications relating to your account or use of the Cleverday Software (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.
Contact
Contact us about your privacy concerns at: helpdesk@cleverday.com. Alternatively, you can write to us at: Cleverday Oy, Lautatarhankatu 10, 00580, Helsinki, Finland