Effective December 11, 2020
Personal data is information that can identify you as a person, such as an email address, street address or phone number etc. Processing your personal data is necessary for us to serve our Customers. Please do not use Atom Complete or our services if you do not agree with how we process personal data according to this Privacy Statement.
The following terms will have the meanings indicated below.
“END USER” MEANS ANY INDIVIDUAL WHO INTERACTS WITH THE ATOM COMPLETE SERVICES, INCLUDING USERS OF OUR MOBILE APPLICATIONS SUCH AS THE ATOM COMPLETE APP, AND INDIVIDUALS WHO BOOK APPOINTMENTS, PURCHASE SERVICES AND OTHERWISE INTERACT WITH OUR SUBSCRIBERS THROUGH THE ATOM COMPLETE SERVICES.
“CUSTOMER” IS ANY BUSINESS OR ENTITY THAT SUBSCRIBES TO (OR OTHERWISE ACCESSES OR USES) OUR SOFTWARE SERVICE.
This version was last updated on May 25, 2018. In all things, we constantly aim to do the right thing and always seek to improve. If we need to update this policy, we will do so to be more clear, open, and honest with you. Such modification will be effective upon its posting to our website; it is therefore important that you review this policy regularly.
MORE TRANSPARENCY. WE HAVE ADDED ADDITIONAL INFORMATION TO THIS POLICY TO PROVIDE FULL TRANSPARENCY REGARDING THE INFORMATION WE COLLECT IN CONNECTION WITH THE SERVICES WE OFFER OR WHICH WE COLLECT FROM THIRD PARTY SERVICE PROVIDERS.
MORE CONTROL OVER YOUR INFORMATION.WE MAKE IT EASY FOR YOU TO CONTROL THE INFORMATION YOU PROVIDE TO US. OUR POLICY EXPLAINS HOW YOU CAN MAKE CHOICES ABOUT YOUR INFORMATION, AND THE MEASURES WE’VE PUT IN PLACE TO KEEP YOUR INFORMATION SECURE.
Atom Complete processes personal data about our Customers. In addition we process personal data about persons representing potential Customers (prospects) that approach us via Atom Complete Sites or other channels. Our statement in these regards is to be found in the data controller section.
We also process End User data on behalf of our Customers of which the Customer controls. Our statement in these regards is to be found in the data processor section.
In this Privacy Statement data subjects may also be referred to as persons or you.
When Atom Complete determines the purpose and means of processing your personal data, Atom Complete acts as data controller. This includes scenarios where Atom Complete collects personal data in the context of you being a Customer or potential Customer.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
IDENTITY DATA INCLUDES FIRST NAME, MAIDEN NAME, LAST NAME, USERNAME OR SIMILAR IDENTIFIER, SALUTATION, COMPANY NAME, DATE OF BIRTH AND GENDER
CONTACT DATA INCLUDES BILLING ADDRESS, COMPANY ADDRESS, EMAIL ADDRESS, AND TELEPHONE NUMBERS.
FINANCIAL DATA INCLUDES BANK ACCOUNT AND PAYMENT CARD DETAILS.
TRANSACTION DATA INCLUDES DETAILS ABOUT PAYMENTS TO AND FROM YOU AND OTHER DETAILS OF PRODUCTS AND SERVICES YOU HAVE PURCHASED FROM US, AND PAYMENTS PROCESSED IN CONNECTION WITH THE USE OF THE SERVICES.
TECHNICAL DATA INCLUDES INTERNET PROTOCOL (IP) ADDRESS, YOUR LOGIN DATA, BROWSER TYPE AND VERSION, TIME ZONE SETTING AND LOCATION, BROWSER PLUG-IN TYPES AND VERSIONS, OPERATING SYSTEM AND PLATFORM AND OTHER TECHNOLOGY ON THE DEVICES YOU USE TO ACCESS THIS WEBSITE.
PROFILE DATA INCLUDES YOUR USERNAME AND PASSWORD, PURCHASES OR ORDERS MADE BY YOU, YOUR INTERESTS, PREFERENCES, FEEDBACK AND SURVEY RESPONSES.
USAGE DATA INCLUDES INFORMATION ABOUT HOW YOU USE OUR APP, PRODUCTS AND SERVICES.
MARKETING AND COMMUNICATIONS DATA INCLUDES YOUR PREFERENCES IN RECEIVING MARKETING FROM US AND OUR THIRD PARTIES AND YOUR COMMUNICATION PREFERENCES.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
In addition to this, our customers can create custom fields using our Services that our customers to collect information using their own customer-created forms or in connection with an individual’s profile. See the “Use by our Customers” section below for more information about use by our customers.
We use different methods to collect data from and about you including through:
DIRECT INTERACTIONS: YOU MAY GIVE US YOUR IDENTITY, CONTACT AND FINANCIAL DATA BY FILLING IN FORMS OR BY CORRESPONDING WITH US BY POST, PHONE, EMAIL OR OTHERWISE. THIS INCLUDES PERSONAL DATA YOU PROVIDE WHEN YOU:
SIGN-UP FOR OUR SERVICES;
CONDUCT A SEARCH;
UPDATE OR ADD INFORMATION TO YOUR ACCOUNT;
RESPOND TO SURVEYS;
POST TO COMMUNITY FORUMS;
ENTER A COMPETITION, PROMOTION OR SURVEY; OR
USE OTHER FEATURES OF THE SERVICES.
THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES. WE MAY RECEIVE PERSONAL DATA ABOUT YOU FROM VARIOUS THIRD PARTIES AND PUBLIC SOURCES AS SET OUT BELOW:
TECHNICAL DATA FROM THE FOLLOWING PARTIES:
ANALYTICS PROVIDERS, SUCH AS GOOGLE, OPTIMIZELY AND HUBSPOT (BOTH BASED OUTSIDE THE EU);
ADVERTISING NETWORKS, SUCH AS GOOGLE DISPLAY NETWORK AND FACEBOOK AUDIENCE NETWORK (BOTH BASED OUTSIDE THE EU); AND
SEARCH INFORMATION PROVIDERS, SUCH AS GOOGLE AND BING (BOTH BASED OUTSIDE THE EU).
CONTACT, FINANCIAL AND TRANSACTION DATA FROM PROVIDERS OF TECHNICAL, PAYMENT AND DELIVERY SERVICES SUCH AS PAYSAFE AND PAYMENT EXPRESS (BASED OUTSIDE THE EU).
IDENTITY AND CONTACT DATA FROM SOCIAL MEDIA SITES SUCH AS TWITTER, LINKEDIN, GOOGLE, INSTAGRAM, YOUTUBE AND FACEBOOK (BASED OUTSIDE THE EU).
Purpose of Processing and Legal Basis
We will only collect and process your personal data when we have a lawful basis for doing so.
The legal basis that we rely on for processing your data will depend upon the circumstances in which it is being collected and used. Most commonly, we will use your personal data in the following circumstances:
WHERE THE PROCESSING IS NECESSARY TO CARRY OUT FOR THE PERFORMANCE OF A CONTRACT WITH YOU
WHERE IT IS NECESSARY FOR OUR LEGITIMATE INTERESTS (OR THOSE OF A THIRD PARTY) AND YOUR INTERESTS AND FUNDAMENTAL RIGHTS DO NOT OVERRIDE THOSE INTERESTS
WHERE YOU HAVE PROVIDED YOUR CONSENT TO ALLOW US TO USE YOUR DATA IN A CERTAIN WAY; OR
WHERE WE NEED TO COMPLY WITH A LEGAL OR REGULATORY OBLIGATION
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
We may use your personal data in the following ways:
WE STORE INFORMATION IN CONNECTION WITH PROVIDING THE SERVICES TO YOU.
WE USE INFORMATION TO TRIGGER AUTOMATED AND MANUAL COMMUNICATIONS (CALLS, EMAILS, SMS MESSAGES), SUCH AS SERVICE OR SUPPORT MESSAGES, UPDATES, SECURITY ALERTS, ACCOUNT NOTIFICATIONS, AND FOR THOSE WHO HAVE OPTED-IN, MARKETING AND SALES COMMUNICATIONS.
WE USE INFORMATION TO SEND PAYMENT INFORMATION FOR PROCESSING (E.G., ENCRYPTED PAYMENT INFORMATION WITH THE PAYOR’S NAME).
WE USE INFORMATION FOR DE-IDENTIFIED INTERNAL REPORTING (E.G., REPORTING REGARDING LOCATIONS OF OUR CUSTOMERS AND THEIR MEMBERS, MEMBERSHIP DEMOGRAPHICS, ALL IN DE-IDENTIFIED FORM).
WE USE IT FOR PROVIDING CUSTOMER SUPPORT SERVICES
WE USE IT TO OPERATE, PROTECT, IMPROVE, AND OPTIMIZE THE SERVICES AND EXPERIENCE, AND PERSONALIZE AND CUSTOMIZE YOUR EXPERIENCE BASED ON YOUR PREFERENCES AND OTHER CONTENT YOU SUBMIT TO THE SERVICES.
WE MAY ALSO SHARE AGGREGATED INFORMATION (INFORMATION ABOUT OUR USERS THAT WE COMBINE SO THAT IT NO LONGER IDENTIFIES OR REFERENCES AN INDIVIDUAL USER) AND OTHER ANONYMIZED INFORMATION FOR REGULATORY COMPLIANCE, INDUSTRY AND MARKET ANALYSIS, DEMOGRAPHIC PROFILING, MARKETING AND ADVERTISING, AND OTHER BUSINESS PURPOSES.
WITH YOUR PERMISSION:
SEND YOU PROMOTIONAL MESSAGES, MARKETING, ADVERTISING, AND OTHER INFORMATION THAT MAY BE OF INTEREST TO YOU BASED ON YOUR PREFERENCES (INCLUDING INFORMATION ABOUT ATOM COMPLETE SERVICES) AND SOCIAL MEDIA ADVERTISING THROUGH SOCIAL MEDIA PLATFORMS SUCH AS FACEBOOK OR GOOGLE.
PERSONALIZE, MEASURE, AND IMPROVE OUR ADVERTISING.
ADMINISTER REFERRAL PROGRAMS, REWARDS, SURVEYS, SWEEPSTAKES, CONTESTS, OR OTHER PROMOTIONAL ACTIVITIES OR EVENTS SPONSORED OR MANAGED BY ATOM COMPLETE.
CONDUCT PROFILING ON YOUR CHARACTERISTICS AND PREFERENCES (BASED ON THE INFORMATION YOU PROVIDE TO US, YOUR INTERACTIONS WITH THE ATOM COMPLETE SERVICES, AND INFORMATION OBTAINED FROM THIRD PARTIES) TO SEND YOU PROMOTIONAL MESSAGES, MARKETING, ADVERTISING AND OTHER INFORMATION THAT WE THINK MAY BE OF INTEREST TO YOU.
We respect your privacy and will limit our communications to the following situations. We will only send you email messages that are necessary to keep you informed about the status of your account, to provide you with customer service that you’ve requested, or to inform you of relevant services or offers that Atom Complete or our partners are providing.
You can opt-out of or limit the types of marketing communications you receive from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your account, or by contacting us at: [email protected]
We will not sell your information to any third parties, except in the limited circumstances involving a corporate affiliate, as described below, in connection with a sale of the Atom Complete business as a whole. We may have to share your personal data with the parties set out below. We require all third parties to respect the security of your personal data and to treat it in accordance with the law.
THIRD PARTY SERVICE PROVIDERS
Atom Complete will need to share your personal data in order to ensure the adequate performance of our contract with our customer.
For example, service providers may help us:
VERIFY YOUR IDENTITY OR AUTHENTICATE YOUR IDENTIFICATION DOCUMENTS,
CHECK INFORMATION AGAINST PUBLIC DATABASES,
CONDUCT BACKGROUND OR POLICE CHECKS, FRAUD PREVENTION, AND RISK ASSESSMENT,
PERFORM PRODUCT DEVELOPMENT, MAINTENANCE AND DEBUGGING,
ALLOW THE PROVISION OF THE ATOM COMPLETE SERVICES THROUGH THIRD PARTY PLATFORMS AND SOFTWARE TOOLS (E.G. THROUGH THE INTEGRATION WITH OUR APIS), OR
PROVIDE CUSTOMER SERVICE, ADVERTISING, OR PAYMENTS SERVICES. THESE PROVIDERS HAVE LIMITED ACCESS TO YOUR INFORMATION TO PERFORM THESE TASKS ON OUR BEHALF, AND ARE CONTRACTUALLY BOUND TO PROTECT AND TO USE IT ONLY FOR THE PURPOSES FOR WHICH IT WAS DISCLOSED AND SUBJECT TO CONFIDENTIALITY OBLIGATIONS.
In addition, we may share your personal data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
COMPLIANCE WITH LAW AND RESPONDING TO LEGAL REQUESTS
We may disclose your personal data to courts, law enforcement or governmental authorities, or authorized third parties, if it is necessary or we are required or permitted to do so by law, including for the following reasons:
TO COMPLY WITH OUR LEGAL OBLIGATIONS,
TO RESPOND TO CLAIMS ASSERTED AGAINST ATOM COMPLETE OR A ATOM COMPLETE CUSTOMER,
TO RESPOND TO VERIFIED REQUESTS RELATING TO A CRIMINAL INVESTIGATION OR ALLEGED OR SUSPECTED ILLEGAL ACTIVITY OR ANY OTHER ACTIVITY THAT MAY EXPOSE US, YOU, OR ANY OTHER OF OUR USERS TO LEGAL LIABILITY,
TO PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF ATOM COMPLETE, ITS EMPLOYEES, ITS CUSTOMERS, OR MEMBERS OF THE PUBLIC.
Where appropriate, we may notify customers or individuals about legal requests unless:
PROVIDING NOTICE IS PROHIBITED BY LAW, OR
WE BELIEVE THAT PROVIDING NOTICE WOULD BE FUTILE, INEFFECTIVE, CREATE A RISK OF INJURY OR BODILY HARM TO AN INDIVIDUAL OR GROUP, OR CREATE OR INCREASE A RISK OF FRAUD.
In instances where we comply with legal requests without notice for these reasons, we will attempt to notify customers or individuals impacted promptly when we determine in good faith that we are able to provide such notice.
The Atom Complete Services may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Atom Complete doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Atom Complete, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Upon request we will provide you with information about whether we hold any of your, or your member’s, Personal Information. You have the following rights with respect to personal information:
TO REVIEW THE USER INFORMATION THAT YOU HAVE SUPPLIED TO US;
TO REQUEST COPIES OF PERSONAL INFORMATION THAT YOU HAVE PROVIDED TO US IN A STRUCTURED, COMMONLY USED, AND MACHINE-READABLE FORMAT AND/OR REQUEST US TO TRANSMIT THIS INFORMATION TO ANOTHER SERVICE PROVIDER (WHERE TECHNICALLY FEASIBLE);
TO REQUEST THAT WE CORRECT ANY ERRORS, OUTDATED INFORMATION, OR OMISSIONS IN USER INFORMATION THAT YOU HAVE SUPPLIED TO US;
TO REQUEST THAT YOUR USER INFORMATION NOT BE USED TO CONTACT YOU;
TO REQUEST THAT YOUR USER INFORMATION BE REMOVED FROM ANY SOLICITATION LIST THAT WE USE;
TO REQUEST THAT YOUR USER INFORMATION BE DELETED FROM OUR RECORDS;
TO OPT OUT OF BEING SOLICITED BY ATOM COMPLETE OR THIRD PARTIES.
To exercise any of these rights, please contact us at please contact us at: [email protected] We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
Information you share publicly using the Services (including through Integrated Websites) may be indexed through third party search engines. In some cases, you may opt-out of this feature in your account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
Also, we may retain some of your information as necessary for our legitimate business interests, such as fraud detection and prevention. For example, if we suspend Atom Complete account for fraud reasons, we may retain certain information from that Atom Complete account to prevent that individual or business from opening a new Atom Complete in the future.
We may retain and use your information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.
Information you have shared with others (e.g., forum postings, etc.) may continue to be publicly visible, even after your Atom Complete account is cancelled.
Because we maintain the Atom Complete Services to protect against accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time in accordance with the Atom Complete Data Processing and Disposal Policy, a copy of which is available upon request to [email protected]
The Services are not directed to individuals under 16. We require our Customers to seek consent from the holder of parental responsibility before collecting personal information about a child aged under 16.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We are always improving administrative, technical, and physical security measures to help protect information against unauthorized access, loss, destruction, or alteration, through the use of protective measures such as firewalls and data encryption, and information access controls. If you have reason to believe that your Atom Complete account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Atom Complete account, please contact us at: [email protected]
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Atom Complete provides many different services to our Customers which involve processing of the Customers’ members (or End Users) data. The purposes of processing is determined by our Customers not by Atom Complete, making the Customer the data controller. Atom Complete acts as data processor and process the data on behalf of and according to instructions given by the Customer. The relation between the Customer as data controller and Atom Complete as data processor shall be regulated by a data processing agreement.
Customer and Atom Complete obligations
When the Customer acts as data controller the Customer shall, according to applicable privacy legislation, ensure the legal grounds for processing the personal data. Further, the Customer shall assess and establish ownership to the risks posed to data subjects by processing their personal data. Another important aspect of the Customer’s duty as data controller is to comply with the information duty towards data subjects.
Atom Complete is a natural part of the Customers duties as data controller, in the sense that Atom Complete’s services constitutes parts of the processing of personal data that the Customer must ensure are compliant with applicable privacy legislation. Thus, when Atom Complete processes personal data on behalf of its Customers, we must do so in accordance with privacy legislation applicable for data processors.
In short, the Customer and Atom Complete are obligated to cooperate to ensure privacy for data subjects. Atom Complete shall provide the information necessary for the Customer to be compliant with applicable privacy legislation.
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