Version: May 24, 2018
1. Data controller
Personal Data processed
When you use the Website, Curvature will collect and process information regarding you (as an individual) which allows you to be identified either by itself, or together with other information which has been collected. Curvature may also be able to collect and process information regarding other persons in this same manner, if you choose to provide it to Curvature.
This information may be classified as “Personal Data” and can be collected by Curvature both when you choose to provide it (e.g., when you sign up for an account, in order to receive Curvature’s Services) or simply by analysing your behaviour on the Website.
Personal Data which can be processed by Curvature through the Website are as follows:
a. Name, contact details and other Personal Data
In various sections of the Website – e.g. if you decide to request a quote on the Website, or to subscribe to the Website’s Blog – you will be asked to submit information such as your name, phone / mobile numbers and e-mail address, as well as information related to the company you currently work for and your position in that company.
In addition, whenever you participate in surveys and other promotions which may be available on the Website, as well as whenever you communicate with Curvature through the contact details provided in the Website, Curvature may collect additional information which you choose to provide. This is also the case regarding any information you choose to disclose in certain sections of the Website which allow you to participate in a public forum or to contact Curvature directly.
b. Special categories of Personal Data
Certain areas of the Website include free text fields where you can write messages to Curvature (e.g., the Live Chat), or otherwise allow you to post various types of content on the Website, which may contain Personal Data.
Where these fields are completely free, you may use them to disclose, or may post content which discloses (inadvertently or not) more sensitive categories of Personal Data, such as data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. The content you upload in these fields may also (inadvertently or not) include other types of sensitive information relating to you, such as your genetic data, biometric data or data concerning your health, sex life or sexual orientation.
Curvature asks that you do not disclose any sensitive Personal Data on the Website, unless you consider this to be strictly necessary. If you do, then this Personal Data may be processed by the Company based on your explicit consent.
c. Other persons’ Personal Data
As mentioned in the previous section, certain areas of the Website include free text fields where you can write messages to Curvature, or otherwise allow you to post various types of content on the Website. These messages and content may (inadvertently or not) include Personal Data related to other persons.
In any situation where you decide to share Personal Data related to other persons on the Website, you will be considered as an independent data controller regarding that Personal Data and must assume all inherent legal obligations and responsibilities. This means, among other things, that you must fully indemnify Curvature against any complaints, claims or demands for compensation for damages which may arise from the processing of this Personal Data, brought by the third parties whose information you provide through the Website.
As Curvature does not collect this information directly from these third parties (but rather collects them, indirectly, from you), you must make sure that you have these third parties’ consent before providing any information regarding them to Curvature; if not, then you must make sure there is some other appropriate grounds on which you can rely to lawfully give Curvature this information.
d. Browsing data
The Website’s operation, as is standard with any websites on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While Curvature does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information must also be considered Personal Data.
This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and so on.
These data are used to compile statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website.
– Definitions, characteristics, and application of standards
Cookies are small text files that may be sent to and registered on your computer by the websites you visit, to then be re-sent to those same sites when you visit them again. It is thanks to these cookies that those websites can “remember” your actions and preferences (e.g., login data, language, font size, other display settings, etc.), so that you do not need to configure them again when you next visit the website, or when you change pages within a website.
When browsing a website, you may also receive cookies from websites or web servers other than the website being visited (i.e., “third-party cookies”).
There are various types of cookies, depending on their characteristics and functions, which may be stored on your computer for different periods of time: “session cookies”, which are automatically deleted when you close your browser, and “persistent cookies”, which will remain on your device until their pre-set expiration period passes.
According to the law which may be applicable to you, your consent may not always be necessary for cookies to be used on a website. In particular, “technical cookies” – i.e. cookies which are only used to send messages through an electronic communications network, or which are needed to provide services you request – typically do not require this consent. This includes browsing or session cookies (used to allow users to login) and function cookies (used to remember choices made by a user when accessing the website, such as language or products selected for purchase).
On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and to send advertising messages in line with the preferences revealed by users while browsing websites – typically require specific consent from users, although this may vary according to the applicable law.
– Types of cookies used by the Website
The Website use the following types of cookies:
- Browsing or session cookies, which are strictly necessary for the Website’s operation, and/or to allow you to use the Website’s content and Services.
- Analytics cookies, which allow Curvature to understand how users make use of the Website, and to track traffic to and from the Website.
- Function cookies, which are used to activate specific Website functions and to configure the Website according to your choices (e.g., language), in order to improve your experience.
- Profiling cookies, which are used to observe the preferences you reveal through your use of the Website and to send you advertising messages in line with those preferences.
Curvature also uses third-party cookies – i.e. cookies from websites / web servers other than the Website, owned by third parties. These third parties will either act as independent data controllers from Curvature regarding their own cookies (using the data they collect for their own purposes and under terms defined by them) or as data processors for Curvature (processing personal data on Curvature’s behalf). For further information on how these third parties may use your information, please refer to their privacy policies:
- AddThis Services: http://addthis.com/privacy/privacy-policy
- Adroll: https://adrollgroup.com/privacy
- App Nexus: https://appnexus.com/en/company/platform-privacy-policy
- Bing: https://advertise.bingads.microsoft.com/en-gb/resources/policies/microsoft-bing-ads-privacy-policy
- Bidswitch: http://bidswitch.com/privacy-policy/
- DigiTrust: http://digitru.st/privacy-policy/
Marin Software: http://marinsoftware.com/privacy/privacy-central
Marketo (Munchkin): https://documents.marketo.com/legal/cookies/
– Cookies present on the Website
In detail, the cookies present on the Website are as follows:
|Technical name||Data Controller||Cookie type, function and purpose||Duration|
Determines if the user has previously viewed interstitial / pop-up content on the current page.
– Cookie settings
You can block or delete cookies used on the Website via your browser options. Your cookie preferences will be reset if different browsers are used to access the Website. For more information on how to set the preferences for cookies via your browser, please refer to the following instructions:
CAUTION: If you block or delete technical and/or function cookies used by the Website, the Website may become impossible to browse, certain services or functions of the Website may become unavailable or other malfunctions may occur. In this case, you may have to modify or manually enter some information or preferences every time you visit the Website.
Curvature uses Google Analytics on the Website. This is a tool developed by Google and used to collect information, which permits evaluation of the use of the Website, analysis of your behaviour and improvement of your experience with the Website. You can obtain more information about how to opt out of Google Analytics at: https://tools.google.com/dlpage/gaoptout.
2. Purposes of processing
Curvature intends to use your Personal Data, collected through the Website, for the following purposes:
- To verify your identity and assist you, in case you lose or forget your login / password details for any of Curvature’s registration services, to allow you to access different restricted areas and sections of the Website (such as the Customer Portals), to request quotes, to send messages to Curvature, and to provide any other Services which you may request (“Service Provision”);
- For future marketing, promotional and publicity purposes, including to carry out direct marketing, market research and surveys, via e-mail and/or SMS (“Marketing”);
- To create a profile of you as a Website user, through the use of profiling cookies and by collecting and analysing information on the preferences you select and choices you make in the Website, as well as your general activities on the Website. This profile will be used to give you information about other websites / services which Curvature believes you may be interested in, and to show you information and advertisements which may be relevant to you and your interests. All algorithms involved in this processing are regularly tested, to ensure the processing’s fairness and control for bias (“Profiling”);
- For compliance with laws which impose upon Curvature the collection and/or further processing of certain kinds of Personal Data (“Compliance”);
- For development and administration of the Website, in particular by use of data analytics regarding how you and other users use the Website, as well as the information and feedback you provide, to improve our offerings (“Analytics”);
- To prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website (“Misuse/Fraud”).
3. Grounds for processing and mandatory / discretionary nature of processing
Curvature’s legal bases to process your Personal Data, according to the purposes identified in Section 3, are as follows:
- Service Provision: processing for these purposes is necessary to provide the Services and, therefore, is necessary for the performance of a contract with you. It is not mandatory for you to give Curvature your Personal Data for these purposes; however, if you do not, Curvature will not be able to provide any Services to you.
- Marketing: processing for these purposes is based on Curvature’s legitimate interest in promoting its goods and services to its existing and potential customer base. Though Curvature’s customers are exclusively legal persons (as Curvature does not supply goods or services to individuals), this implies the use of personal data on contact persons within those legal persons, such as names and contact details. Given the fact that these direct marketing communications are directed at legal persons, that they are collected in the context of a request for a quote or an actual sale of Curvature’s goods and services, and that individuals which receive these communications are entitled to opt-out at any time (including when their data is collected and within each communication sent), Curvature believes that its legitimate interest is not overridden by individuals’ rights, freedoms and interests. It is not mandatory for you to allow Curvature to use your Personal Data for these purposes, and you will suffer no consequence if you choose not to (aside from not being able to receive further marketing communications from Curvature).
- Profiling: processing for this purpose is based on your consent, given by accepting the use of profiling cookies. It is not mandatory for you to give consent to Curvature for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalisation of your user experience regarding the Website). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).
- Compliance: processing for this purpose is necessary for Curvature to comply with its legal obligations. When you provide any Personal Data to Curvature, Curvature must process it in accordance with the laws applicable to it, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations.
- Analytics: Information collected for this purpose is used to allow Curvature to understand how users interact with the Website and to improve the Website accordingly, with the aim to providing a better user experience.
- Misuse/Fraud: Information collected for this purpose is used exclusively to prevent and detect fraudulent activities or misuse of the Website (for potentially criminal purposes).
4. Recipients of Personal Data
Your Personal Data may be shared with the following list of persons / entities (“Recipients”):
- Persons, companies or professional firms providing Curvature with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services;
- Entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers);
- Persons authorised by Curvature to perform technical maintenance (including maintenance of network equipment and electronic communications networks);
- Persons authorised by Curvature to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g.,employees of Curvature);
- Other companies within the Curvature Group; and
- Public entities, bodies or authorities to whom your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities;
5. Transfer of Personal Data
Considering Curvature’s worldwide presence and business operations, your Personal Data may be transferred to Recipients located in several different countries. Curvature implements appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers, such as by relying on adequacy decisions from the European Commission, standard data protection clauses adopted by the European Commission, or other safeguards or conditions considered adequate to the transfer at hand.
6. Retention of Personal Data
Personal Data processed for Service Provision will be kept by Curvature for the period deemed strictly necessary to fulfil such purposes – in any case, as these Personal Data are processed for the provision of the Services, Curvature may continue to store this Personal Data for a longer period, as may be necessary to protect Curvature’s interests related to potential liability related to the provision of the Services.
Personal Data processed for Marketing will be kept by Curvature until you opt-out or unsubscribe. Once this is done, Personal Data will no longer be used for these purposes, although it may still be kept by Curvature, in particular as may be necessary to protect Curvature’s interests related to potential liability related to this processing.
Personal Data processed for Profiling will be kept by Curvature from the moment you give consent until the moment you withdraw the consent given. Once consent is withdrawn, Personal Data will no longer be used for these purposes, although it may still be kept by Curvature, in particular as may be necessary to protect Curvature’s interests related to potential liability related to this processing.
Personal Data processed for Compliance will be kept by Curvature for the period required by the specific legal obligation or by the applicable law.
Personal Data processed for Analytics and Misuse/Fraud will be kept by Curvature for as long as deemed strictly necessary to fulfil the purposes for which it was collected, unless you validly object to the processing of your Personal Data for these purposes (please see Section 8 for further information).
7. Data subjects’ rights
As a data subject, are entitled to exercise the following rights before Curvature, at any time:
- Access your Personal Data being processed by Curvature (and/or a copy of that Personal Data), as well as information on the processing of your Personal Data;
- Correct or update your Personal Data processed by Curvature, where it may be inaccurate or incomplete;
- Request erasure of your Personal Data being processed by Curvature, where you feel that the processing is unnecessary or otherwise unlawful;
- Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, unnecessary or unlawfully processed, or where you have objected to the processing;
- Exercise your right to portability: the right to obtain a copy of your Personal Data provided to Curvature, in a structured, commonly used and machine-readable format, as well as the transmission of that Personal Data to another data controller;
- Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent Curvature from processing your Personal Data; or
- Withdraw your consent to processing (for Profiling).
Please note that most of the personal information you provide to Curvature can be changed at any time, including your e-mail preferences, by accessing the user profile you can create on the Website.
You can object to the processing of your Personal Data for Marketing also by selecting the appropriate link included at the bottom of every marketing e-mail message received.
Aside from the above means, you can also exercise your rights described above by sending a written request to Curvature at the following address: DataPrivacy@Curvature.com
In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through the Website is unlawful.