Effective Date: May 25, 2018
GDPR Privacy Notice: This GDPR privacy notice (the “Notice”) is included in our Policy and applies to the ‘personal data,’ as defined in the GDPR, of natural persons located in the European Economic Area (“EEA Individuals” or “you”) processed by Button. Any capitalized terms or other terms not defined herein shall have the meaning ascribed to them in the Policy or, if not defined herein or in the Policy, the GDPR. To the extent of any conflict between this Notice and the Policy, this Notice shall control only with respect to EEA Individuals and their personal data. If you are located elsewhere, please see our Policy http://www.usebutton.com/privacy-policy.
This policy also applies to individuals whose personal information is transferred from the EEA or Switzerland to the US pursuant to the E.U.-U.S. and Swiss-U.S. Privacy Shield; you may information related to the Privacy Shield below, or by clicking here."
We are a data processor when providing our Platform on behalf of our Clients. When serving as a processor, we have certain obligations under GDPR including only processing personal data at our clients’ instructions reflected in the applicable Master Services Agreement, providing assistance with fulfillment of rights requests, and implementing appropriate security for personal data. It is the client’s responsibility to fulfill its obligations as a data controller and pursuant to our Master Services Agreement, such as obtaining appropriate authorizations from Users and presenting appropriate notices. We will forward any inquiries, complaints, or requests received from data subjects (such as Users) with respect to the data utilized through the Platform to the appropriate client and await instructions before taking any action.
We are a data controller of personal data regarding the following EEA Individuals: Prospective/current clients (including client end-users of our Platform) and vendors (“Business Contacts”) and our Site Visitors for the purposes and under the legal bases described in the table below. Please note that, in some cases, the categories of data subjects above may overlap (e.g., Business Contacts using the Website).
Our representative in the European Union is Button Mobile Limited., located at:
SOHO WORKS Shoreditch
UNIT 4.07 (4th floor)
The Tea Building, 56 Shoreditch High Street
London E1 6JJ
Our sales, marketing, and finance teams process Business Contacts and Site Visitor information internally and with our affiliate, Button Mobile Limited, and such information is also disclosed to the following recipients:
Business Contact Data - Cloud-based storage providers (US) - Client CRM (US) - Secure file share (US)
Site Visitor Data - Website audience measurement (US) - Marketing communications (US)
For Business Contacts, we retain data for the duration of Button’s relationship with the business.
For Site Visitors, we retain analytics data for 14 months.
As a natural person, you have a right to: (i) request access to, correction and/or erasure of your personal data; (ii) object to processing of your personal data; (iii) restrict processing of your personal data; and (iv) request a copy of your personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. You may exercise these rights and submit a GDPR complaint by contacting: privacy@usebutton.com with the subject line “GDPR Notice.”
Button commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel and/or Commissioner, as applicable, with regard to human resources data transferred from the EU as applicable in the context of the employment relationship.
You also have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority, and, as applicable, to exercise third-party beneficiary rights under Button’s Standard Contractual Clauses.
Contact details for the EU data protection authorities can be found at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
You may object to personal data processed pursuant to our legitimate interest. In such case, we will no longer process your personal data unless we can demonstrate appropriate, overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. You may also object at any time to processing of your personal data for direct marketing purposes by clicking “Unsubscribe” within an automated marketing email or by submitting your request to privacy@usebutton.com with the subject line “GDPR Notice” (the latter for instances where, for example, you would not like to receive follow-ups from our sales team). In such case, your personal data will no longer be used for that purpose.
We are self-certified under the EU-US and SwissUS Privacy Shield for transfer of your personal data to our data centers located in the US for various processing activities, and you may have specific rights under the Privacy Shield (see E.U.-U.S. and Swiss-U.S. Privacy Shield Notice below). When transferring your personal data to our agents, service providers, or controllers (such as our clients) in other countries that have not received an ‘adequacy decision’ by the European Commission, we ensure that these recipients commit to upholding the Principles of the Privacy Shield. In some cases, however, we may alternatively rely on appropriate Standard Contractual Clauses with such recipients to ensure adequate protection for your personal data.
Button may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this Notice. This Notice shall be binding upon Button and its legal successors in interest.
If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this Notice, and the “Effective Date” at the top of this page will be updated accordingly.
Button is located at PO Box 8176, PMB 90775, Greenwich, CT 06836-8021, USA. Please use this address or, preferably, reach out to privacy@usebutton.com for any questions, complaints, or requests regarding this Notice; please include the subject line “GDPR Notice.”
If your personal information is transferred from the EEA or Switzerland to the US pursuant to the Privacy Shield, then the rights, remedies and protections set forth in this section apply to you. We comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data from the European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland to the United States, respectively, pursuant to the EU-US and Swiss-US Privacy Shield. Button has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Button is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In compliance with the Privacy Shield Principles, Button commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us at privacy@usebutton.com with the subject line “Privacy Shield.”
Button has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting and storage services, billing/payment processors, and analytics and marketing providers. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this Policy and implemented by Button. We may also disclose personal information to our affiliates in order to support marketing, sale, and delivery of any services.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Button’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Button remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Button proves that it is not responsible for the event giving rise to the damage.
Individuals have the opportunity to opt-out of sharing of their personal data with third parties other than our agents or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to privacy@usebutton.com with the subject line “Privacy Shield.”
We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. In addition to any consent mechanisms on the Website, you may provide your consent by sending us an email at privacy@usebutton.com with the subject line “Privacy Shield.” In each instance, please allow us a reasonable time to process your response.
Upon request to privacy@usebutton.com with the subject line “Privacy Shield,” we will provide you with confirmation as to whether we are processing your personal data pursuant to the Privacy Shield, and have such data communicated to you within a reasonable time. You have the right to access, correct, amend, or delete the personal data processed pursuant to the Privacy Shield where it is inaccurate or has been processed in violation of our privacy disclosures to you. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.
Button commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to human resources data transferred from the EU as applicable in the context of the employment relationship.
You have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority.
Contact details for the EU data protection authorities can be found at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
We will retain the personal information processed pursuant to the Privacy Shield in a form that identifies you pursuant to our data retention periods in Retention above. We may continue processing such personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of our privacy disclosures. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.
Button takes very seriously the security and privacy of the personal information that it collects pursuant to the Privacy Shield. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations
