Effective Date: June 11, 2020.
”, or “us
”) collects, uses, stores, shares and protects your personal information in connection with your use of both the platform accessible through the www.getreplied.com
domain name (the “Site
”) and the services we may offer through the Site from time to time, consisting in quick reply buttons and other services (indistinctly referred to as the “Services
: If you reside in the State of California in the United States, please click here
2. Scope of this policy
3.How is your data being processed?
3.1. Who processes personal information? (who is the ‘Data controller’)
Personal information is processed by us, an entity incorporated in accordance with the laws of Costa Rica and with following contact details: Virtual Works Costa Rica S.A. - 315m. West from Court Law – Alajuela (Costa Rica) - Contact email: email@example.com - Contact details for our Data Protection Officer: firstname.lastname@example.org
3.2. What are we processing your data for and why are we processing it? (‘Purposes of data processing’, ‘legal basis of the data processing’ and ‘storage periods’)
We will process your data when we have to perform a contract, and we will be processing your data as long as the contractual relationship with you is in force and during the five years following the end of said relationship. This results in us having to process your data for purposes of providing you with both the Services, as well as to perform our obligations under the Services Terms and Conditions.
Subject to obtaining your consent, and as long as you do not withdraw any such consent, we may also process your data for the following purposes:
a) To send you electronic commercial communications (if you subscribe to a newsletter) or to answer the requests you may address us when contacting us;
c) If you opt to sign in by means of a third party social media platform, we may obtain ID confirmation and other information from that third party, as mentioned in each case;
e) We may enrich the data we have about you by obtaining information from a select third party for data enrichment purposes, provided that you have given us prior permission. Enriching data allows us to analyze a deeper subset of data from which we may present personalized content.
When we have to comply with a legal obligation applicable to us from time to time, such as those set forth in tax and anti-money laundering laws and regulations. In any such cases, the data will be processed only during the periods set forth by said laws, being deleted thereafter.
Finally, we may also process your data to protect our legitimate interests, as long as said data is strictly necessary to fulfill the goals set forth below, namely:
a) To review, monitor, investigate, and analyze how to improve the Services and/or the Site, as well as to keep our Services and the Site secure and operational and prevent abusive activity (e.g. fraud, spam, phishing activities, etc.). This may include sending you quick reply buttons to assess any problems in the service or know how to improve your user experience. The interests at stake are ensuring a correct and safe environment for both other users and us, taking those interests prevalence over your legitimate interests (we need to create and maintain an environment which is in accordance with the law, the legitimate interests of other parties, what other users may expect from our end, and to protect other users’ security when accessing the Site and using the Services);
b) Besides any commercial electronic and non-electronic commercial communication sent when we have obtained your consent as mentioned above, we may also send you those kind of communications when you are our client. In this last case, we will only send you information belonging to us and concerning services and/or products identical or similar to the ones you have contracted with us. In these cases, we have a legitimate interest in processing your contact information to keep you informed about any of our products and services, prevailing this interest over your right to personal data given the non-sensitive nature of the data in question and the fact that the contractual relationship built with our clients results in those clients expecting these kinds of communications; and
c) Upon dissociating the data we have so as to be impossible to be associated to you or any other person, to perform statistical and other analysis on information we collect (technical and metadata) to analyze and measure user behavior and trends, to understand how people use our services, in order to improve and optimize our performance of such services.
3.3. To which extent do we require to have access to your personal data?
We need to process your personal data to perform the legal and contractual obligations mentioned in section 3.2 above. Otherwise, we are not able to provide you with the Services and/or access to the Site. On the other hand, for data processing which depends on your consent or on our legitimate interests, the data processing is not legally required.
3.4. Which companies will have access to your personal information?
We may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent, or take action against illegal activities), or we have to take action to protect our rights or any third party rights.
3.5. In which territories may your personal information be processed?
3.6. Your rights:
You have the right to withdraw your consent at any time. You also have the right to request access to, and rectification of, or erasure of your personal data, or restriction of processing, or to object to processing, as well as the right to data portability. Please note that if you choose to cancel your data, your account will be deleted and all data in your account will be permanently deleted from our systems.
We allow you to exercise the above-mentioned rights at any time by contacting our Help Center (email@example.com).
3.7. Updating your information. Emails and commercial communications.
You can update any information we may have from you by means of the account settings area or by sending us a written communication as described in section 3.6 above. Please remember that it is your duty to keep information updated so we can correctly provide you with the Services, and you undertake to verify the information you have handed us from time to time to make sure that it is accurate.
As explained in section 3.6 above, you are entitled to ask us, now or at any moment, not to send you any kind of emails or commercial communications. To that extent, you can contact us as described in section 3.6 above. Note that this will not prevent the sending of emails or other communications related to the Services, as those communications are necessary to perform the relationship we have with you.
4. How is the data we collect on your behalf being processed?
4.1. In order to provide you with the Services, we may need to process on your behalf third parties’ personal data. This is the case, for instance, when a person clicks on a quick reply button (the buttons we made available to you in the Services), in which case the data is collected, stored, and processed on your behalf. For clarification purposes, the subject-matter of the processing is the provision of said Services, and the type of personal data and categories of data subjects depends on the information uploaded into the Service.
4.2. We will only process any personal data we may have access to as a result of the provision of the Services in accordance with the instructions included in the Service Terms and Conditions and any other that you may provide us from time to time in writing. Should we have reasonable grounds to believe that any of your documented instructions infringes European data protection laws, we will inform you punctually, so that you can confirm in writing that instruction. Please, note that in case of any such reconfirmation, you shall bear any consequences arising out of that instruction being contrary to law, and you shall defend, indemnify, and hold us harmless of any and all costs (including attorney’s fees), fines, or sanctions, or any damages deriving from our performance of the challenged instruction.
4.3. We will ensure that all employees authorized to process personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality.
4.4. To provide you with the Services, we may need to use some service providers we already rely on, as well as hire new ones in the future. Those companies will only process the data to the extent necessary to render the Services, and we will enter into written agreements with them to make sure that said companies comply with the obligations included in this section 4 and implement all necessary security measures to ensure adequate protection of the data.
In this respect, by entering into the Service Terms and Conditions you accept that we seek the assistance of other service providers for carrying out the Services.
In the event that we want to change any of those service providers by another, or that we need to hire new companies, you will have the right to reasonably oppose to such changes or new appointments in the non-extendable term of 15 calendar days. ‘Reasonably oppose’ shall be interpreted as any challenge based on the failure to meet the legal requirements set forth by the European data protection laws by the new entity to be hired. In any event, we reserve the right to terminate the relationship with you should we cannot hire a subprocessor which is essential or needed for providing the service.
The Company shall enter into written agreements with any subprocessors engaged in the provision of the Services including the safeguards and guarantees required by the General Data Protection Regulation (EU Regulation no. 679\2016, the “GDPR”), particularly in respect of implementing the security measures required in the GDPR. We transfer Personal Data outside of the European Economic Area (EEA). This cross-border transfer is legitimized by the execution of the European Standard Contractual Clauses incorporated in our agreements with customers and third-parties, where applicable.
4.5. At your request and expense, we shall assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR, if applicable. For avoidance of doubt, we shall convey you any request data subjects may address directly to us together with all relevant information, if any, so that you can contact and answer to data subjects, but we shall not take care of responding data subjects.
4.6. We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by Article 32 of the GDPR.
4.7. We will also provide, at your request and expense and subject to the nature of processing and information available to us, assistance in complying with obligations set forth in Articles 33 to 36 of the GDPR, if applicable.
With respect to data breaches, we will notify you without undue delay upon we confirm that a data breach affecting personal data has taken place. We will provide you with sufficient information to allow you to meet any obligations to report or inform competent authorities or data subjects. We will reasonably cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach. For avoidance of doubt, you shall be responsible for both filing any reports required under applicable law and notifying data subjects, and you shall defend, indemnify and hold us harmless of any and all costs (including attorney’s fees), fines, or sanctions, or any damages that lack of action on your side may cause.
4.8. Upon termination of the Service Terms and Conditions, we shall delete personal data, unless otherwise required by law.
4.9. We will make available to you all information necessary to demonstrate compliance with the obligations laid down in this Section 4 and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you who is not any of our competitors. You accept that you may only conduct up to one (1) audit per year, except if there are reasonable grounds to believe that we are not performing the obligations included in this section 4. Audits shall only be carried out during normal business hours, and you shall bear all costs except that we are found to be in a material breach of this section 4.
5. How to contact us
5.1. You can contact us at firstname.lastname@example.org