SpatialKey, Inc. Privacy Policy

This is the Privacy Notice and Policy (the “Privacy Notice”) of SpatialKey, Inc. (“SpatialKey,” “we” or “us”), as in effect May 25, 2018, whose corporate headquarters is located at 1434 Spruce Street, Suite 100, Boulder, CO, 80302, U.S.A. This Privacy Notice sets out how SpatialKey collects and processes your Personal Data (as defined below) when you access and use the services provided by SpatialKey (the “Services”), including (but not limited to) the use of our website at www.spatialkey.com (the “Site” or “Website”)and lists certain of your rights in relation to your Personal Data under applicable law.  This Privacy Notice relates to data about you and your interaction with our Services. “Personal Data,” for purposes of this Privacy Notice, means any information relating to an identified or identifiable natural person (each such person, a “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.

INFORMATION WE COLLECT

We collect data when you submit it to us on our Site or through other forms and when you make purchases (including subscriptions), renew your software license, and when we activate our software for you or service your account. We may collect Personal Data via the following sources:

  1. THIS WEBSITE
    • Account Registration.
      We collect Personal Data when you use or interact with our Site and Services, including when you register with us, browse our products online, or make purchases from us. This Personal Data may include name, address, phone number, username and password, email address, date of birth, location data, and payment information.
    • Information You Submit and Promotional Materials. 
      We collect Personal Data when you communicate with us or sign up to receive promotional materials or information, including email address and phone number.
    • Cookies and Other Technologies. 
      We may use cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, Flash cookies, IP addresses, and log files to administer the Site, for personalization, performance/analytics, and advertising. For more information regarding these technologies, see the Use of Cookies section of this Privacy Notice below.

  2. OUR PRODUCTS
    • SpatialKey collects user information from our customers and location data (geolocation data derived from an IP or physical address; country, region, city, and postal/zip code; or latitude and longitude data) in order for our customers to utilize our Services. In general, the scope of applicable data protections and processing for those Services are set forth in contractual agreements between us and our customers. We do not collect or need to process Personal Data in order to provide the Services. User information we collect is generally limited to name, email address, title, and the password set by the user. We collect this information in order to administer and provide the Services.
    • Third Parties. We may collect information, such as name, job title, phone number, and email address, from publicly available sources and other third parties, such as marketing data providers, to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services.

  3. LEGAL BASIS FOR PROCESSING
    We collect and process your Personal Data for a variety of different purposes which are set out in further detail in this section of this Privacy Notice.
    In some cases, we will ask for your consent so that we may process your Personal Data. However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent.

    • Consent Not Required. In certain cases, separate consent is not required, including:
      • For the performance of a contract.
        • To perform our contractual obligations to you, including our fulfilling orders or purchases you have made, contacting you in relation to any issues with your order or use of our Services, in relation to the provision of our Services, or where we need to provide your Personal Data to our service providers related to the provision of the Services, including for license activation and management.
        • To comply with legal obligations. 
          To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
      • Legitimate Interests.
        • To operate our business and provide our Services (other than in performing our contractual obligations to you) for our “legitimate interests” and for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interests may include:
          • To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints.
          • For our direct marketing purposes.
          • To send you surveys in connection with our Services.
          • To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
          • To develop, provide, and improve our Services.
          • To enforce our Terms of Use, License Agreements, or this Privacy Notice, or agreements with third parties.
          • To protect data subjects’ vital interests.
          • To protect the vital interests of you or of another person.

    • Requests for Consent. In cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:
      • Marketing
        Where we are not relying on our legitimate interests or another legal basis for processing Personal Data, we may ask for your consent for SpatialKey or our partners or vendors to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments or Services which we think may be of interest to you and for other marketing purposes.
      • Use of Cookies
        • Our Site uses cookies and similar technologies to improve user experience and for analytics. We also use cookies and similar technologies for purposes of marketing and advertising. In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.
        • A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our Site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information.
        • Cookies, as well as other tracking technologies such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.
        • We also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types; clickstream patterns; dates and times that our Site is accessed, and other categories of data.
        • If you want to block the use and saving of cookies from the Site on your computer’s hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors. Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation.
          For information regarding withdrawing your consent, please see the Requests and Actions You Can Take To Exercise Your Rights section of this Privacy Notice below.

  4. LOCATION AND RETENTION OF DATA
    • All of the data we process is processed and stored within the United States, to include any data we house with our service providers. We will retain your information for as long as is necessary to: (1) provide the Service; (2) invoice Customer’s use of the Service and to maintain records until invoicing for the Service cannot be lawfully challenged and legal proceedings may no longer be pursued; (3) communicate with you regarding other services that we offer; (4) comply with applicable laws, legislation, regulatory requests and relevant orders from competent courts; (5) enforce our agreements, including our Terms of Use; (6) resolve disputes; or (7) fulfill any of the other purposes detailed in this Privacy Policy.

  5. SERVICE PROVIDERS
    • Our disclosure of Personal Data is limited to circumstances where we are permitted to do so under applicable national data protection laws and regulations. We use third-party service providers to provide us technical infrastructure, communication tools, and other services to help us deliver and support our products and Services to support our customers. We evaluate our third-party partners and utilize third-party service providers whose practices are consistent with the European Union General Data Protection Regulation (GDPR).

  6. REQUESTS AND ACTIONS YOU CAN TAKE TO EXERCISE YOUR RIGHTS
    • You have the right in certain circumstances to request confirmation from us as to whether or not we are processing your Personal Data. Where we are processing your Personal Data, you also have the right to request access to, modification of, or deletion of such Personal Data. You also have the right in certain circumstances to receive the Personal Data concerning you that you provided to us, to restrict processing of your Personal Data, or to transmit such data to another controller.
    • If you wish to contact SpatialKey to inquire about your personal data
      • Submit a request to exercise your rights with respect to your personal data (detailed below), or to make a complaint, please follow the instructions below or send your request to gdpr@spatialkey.com. We will respond to reasonable requests as soon as practicable and as required by law. Please note that we may take up to thirty (30) days to fulfill your request.
    • To be removed from our marketing system and to stop receiving marketing communications for us:
      • Simply follow the unsubscribe instructions provided in the email that you will receive.
    • To request to access, modify, or correct your user data:
      • You have the ability as a user of our product to view your user profile and make updates or corrections. Users have the ability to change their password at any time from within their user profile.
    • To request to see your data that we’ve provided to our third-party providers and/or the removal of your data:
      • Please send a request from the user account email address that is registered in our product and what actions you would like us to take.
    • To request to see and/or the removal of your data from our product:
      • To request removal of your account, please contact your company’s or provider’s SpatialKey account administrator, and we will work with them to appropriately respond to your request. Users must be aware that any request to delete their information could impair or remove their access to the SpatialKey product.
    • To withdraw your consent:
      Where consent is the basis of processing, you may at any time withdraw the consent you provide for the processing of your Personal Data by contacting us at gdpr@spatialkey.com, provided that we are not required by applicable law or professional standards to retain such information.

  7. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
    • You may have a right to lodge a complaint with a supervisory authority.

  8. LINKS
    • This Site may contain links to other third-party sites. Please be aware that SpatialKey is not responsible for the privacy practices of other sites, including those to which we link or whose products or services we reference. We encourage you to read the terms of use and privacy statements of each Website you visit. This Privacy Policy applies solely to information collected by this Site.

  9. CONTACT US
  10. PRIVACY NOTICE UPDATES
    • This Privacy Notice is subject to revision and changes, which will be noted via updates to the Privacy Notice reflected on the Website.

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