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SPLASHBI PRIVACY POLICY


WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy describes how Splash Business Intelligence, Inc. and its
affiliates and subsidiaries (collectively, “SplashBI”) collects, uses,
processes, protects, and discloses personal information collected through the
use of its software (the “Software’) and the performance of its Services (as
defined below).


DEFINITIONS


IN THIS POLICY,

You any individual whose data is collected by a SplashBI Customer and provided
to SplashBI in the context of a license agreement between the SplashBI Customer
and SplashBI, and/or any individual whose data is collected by SplashBI.com for
the purposes of direct marketing on behalf of SplashBI. We or Us SplashBI
SplashBI Customer or Customer the individual(s) or organization(s) that have
entered into a license agreement with SplashBI entitling them to receive
Services from SplashBI or use the Software, including free trial users and OEM
partners. Personal Information information about you that is personally
identifiable by name or can be linked to you through a personal identifier like
your address, e-mail address, phone number, or location, and which is not
otherwise publicly available. This definition is given here for this notice
only, and some laws may use a different definition. If you are asserting your
rights under law, the applicable legal definition governs your rights. Services
any services which may involve granting SplashBI access to SplashBI Customers’
information or records, such as support services, professional services,
business intelligence consulting, and business relations.


SPLASHBI AS A DATA PROCESSOR

 * SplashBI is a business analytics software and services company.
 * Customers use the Software to analyze and create dashboards and reports of
   their data.
 * SplashBI provides related Services to licensees of the Software, and we
   provide the Software to Customers who host their instance of the Software on
   the cloud.
 * In cases where SplashBI has access to Personal Information found in a
   Customer’s data, the Customer is the Data Controller of that Personal
   Information. SplashBI is the Data Processor carrying out data processing
   activities and instructions on behalf of each Data Controller.


SPLASHBI AS A DATA CONTROLLER

SplashBI is a Data Controller of data, including any Personal Information
contained in such data, that we use for our business purposes, such as our
business records.


DISCLOSURES OF INFORMATION UNDER SPLASHBI CUSTOMER CONTROL

SplashBI provides its Services to Customers of the Software. SplashBI Software
Customers use the SplashBI Software to store, process, and distribute data
belonging to them (or their customers, licensees, or users) through their IT
systems, websites, software applications, bundled products, or other comparable
means. As the controllers of Personal Information included in their data,
SplashBI’s Customers are responsible for maintaining the privacy of Personal
Information included in their data.  SplashBI is not responsible for disclosures
of information made by SplashBI Customers through the Software or using the
Software on a Customer’s system. When we have access or process your Personal
Information on behalf of our Customer, it is that Customer’s responsibility to
protect your privacy.   If you are concerned about your privacy while
interacting with products and services provided by a SplashBI Customer, you
should address requests and inquiries relating to your Personal Information
directly to that Customer. If you contact us regarding information belonging to
our Customer, we may forward your requests or inquiries to the relevant
Customer.


WHEN DOES SPLASHBI HAVE ACCESS TO YOUR PERSONAL INFORMATION?

When a Customer requests Services from SplashBI, SplashBI may have access to
their data. If a Customer’s data includes your Personal Information, SplashBI
may have limited access or exposure to Personal Information. Examples of
situations where SplashBI may have access or exposure to Customer data include:

 * When a Customer shares a screen showing their data on a business consulting
   call to help it evaluate or use the Software, your Personal Information may
   be revealed to us.
 * When a Customer submits a file containing its data to our support help desk
   to resolve a Software issue, your data may be included in such data.
 * If you interact with us as a Customer or on behalf of a Customer, we may have
   your name, contact information, billing address, and any other information
   you provided us.

Our customers use the Software for a wide range of business analytics purposes,
and we do not preview, screen, or review their data. Therefore, we do not know
what categories of Personal Information a Customer may collect and control about
you in their data.


HOW WE USE YOUR PERSONAL INFORMATION

If we have access to your Personal Information as described above, we may only
use it for our legitimate business interests, including:

 * To provide the Services and Software functions requested by our Customer.
 * To manage the business relationship with our Customer, such as providing
   service notices and billing.
 * To use the Customer’s contact and billing address to send the Customer offers
   and promotional information.
 * To carry out other legitimate business purposes, as well as other lawful
   purposes.


SERVICE PROVIDER ACCESS TO INFORMATION

We rely on certain trusted third party service providers to provide part of the
services and functions that make up the Services and the Software. For example,
we host the Software on third-party cloud platforms, and the Software may be
powered by a third-party service. We may also use outsourced personnel to
perform technical and support functions that may involve access to customer
data. SplashBI does not disclose your Personal Information to any third parties
(other than our services providers) except in the limited circumstances detailed
below. Our service providers do not have permission to use your Personal
Information for any purpose other than to provide us the services we require to
serve our Customers.


DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We do not disclose your Personal Information to third parties (except our
service providers, as stated above) and except under the following circumstances
and for the following purposes:

 * When we have the Customers’ permission, to provide the Customer with Services
   it requests.
 * When required by law to respond to subpoenas, court orders, or legal process
   by public authorities, including disclosures required by national security or
   law enforcement agencies.
 * When we need to establish or exercise our legal rights, or to defend against
   legal claims, or when we believe it is necessary to share information in
   order to investigate, prevent, or take action regarding illegal activities,
   data breaches, suspected fraud, situations involving potential threats to the
   physical safety of any person, or as otherwise required by law.
 * If SplashBI is acquired by or merged with another company, SplashBI will come
   under the control of a new entity any rights and permission that SplashBI has
   to access your Personal Information may be assigned to the new entity.


RETENTION OF INFORMATION

We may retain Customer data (including your Personal Information) for any
lawfully permitted period of time, and as necessary to comply with our legal and
contractual obligations, enforce our agreements, and enable us to investigate
events and resolve disputes.


CONFIDENTIALITY, SECURITY, AND DATA INTEGRITY

We take great precautions to protect the integrity of your Personal Information.
However, no data transmission over the Internet or stored on any other network
or system can be guaranteed to be 100% secure. While we strive to protect
information on our systems, we cannot and do not guarantee the security of any
information you transmit.


RIGHTS OF EUROPEAN DATA SUBJECTS UNDER THE GENERAL DATA PROTECTION REGULATION
(GDPR)

If you are in one of the EU/EEA countries, beginning in May 2018, SplashBI will
have certain obligations as a data processor towards our Customers regarding
your Personal Information, and certain obligations towards you as a data
controller, under the General Data Protection Regulation (GDPR).  The Customer,
as data controller, will be responsible for protecting your rights under the
GDPR for your Personal information included in data under the Customer’s
control. Until the GDPR comes into effect in May 2018, you will continue to
enjoy the privacy rights under applicable national legislation and the EU Data
Protection Directive (Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data). To learn
more about your rights under the GDPR you can visit the European Commission’s
page on Protection of Personal Data, at:
https://ec.europa.eu/commission/index_en.


CROSS-BORDER PERSONAL INFORMATION TRANSFERS

Data hosted on the SplashBI Cloud is hosted in the cloud environment selected by
the Customer, which may be either in the EU or outside the EU. Our staff located
in the United Kingdom, the United States and India have access to Customer data
on the SplashBI Cloud environment. Data we collect while providing our Services
is hosted in the United Kingdom, the United States and India. If you are in the
European Union, EEA, or Switzerland, you have a right to access your Personal
Information that we hold about you, and can correct, amend, or delete that
information where it is inaccurate, or has been processed in violation of the
Privacy Shield Principles, except where the burden or expense of providing you
access would be disproportionate to the risks to your privacy in the case in
question, or where the rights of other persons would be violated. If you wish to
exercise any of your rights in your Personal Information held by a Customer,
please contact the relevant Customer (the data controller).


YOUR RIGHTS IN PERSONAL INFORMATION

If you wish to exercise any of your rights in Personal Information held by us,
please contact us at the contact information below.

Note, however, that it is usually better to address requests related to your
Personal Information directly to the relevant Customer, since it controls the
information, knows how it was collected and used, and has additional copies of
your Personal Information in its possession.

You have a right to choose (opt-out) whether your Personal Information is

 * to be disclosed to a third party or
 * to be used for a purpose that is materially different from the purpose(s) for
   which it was originally collected or subsequently authorized by you.

In cases where we are acting as an agent (data processor) for a Customer, your
choices are determined according to your relationship between you and that
Customer, and you should direct your inquiries to that Customer.

In cases where we control your information, and you gave us permission to share
your information with a third party, you may exercise your choice to opt-out of
the permission you gave us by contacting us at the contact information below
(the services you requested from us may be affected by your choice). We will
notify you and give you an opportunity to opt-out before using your Personal
Information for a purpose that is materially different from the purpose for
which we originally collected your data.

In the context of an onward transfer of Personal Information to a third party
(including our service providers), we have a responsibility for the processing
of personal information we receive under the Privacy Shield and subsequently
transfer to a third party acting as an agent on our behalf. We shall remain
liable under the Privacy Shield Principles if our agent processes such personal
information in a manner inconsistent with the Privacy Shield Principles, unless
we can prove that we are not responsible for the event giving rise to the
damage.

We will investigate and attempt to resolve requests, complaints and disputes
regarding use and disclosure of your information in accordance with this Privacy
Policy. We may require further information from you to identify you and address
the matter at issue.

Individuals in the European Union, EEA, and Switzerland may submit unresolved
complaints to binding arbitration before the American Arbitration Association
(“AAA”) under certain conditions. Information about AAA services can be found at
its website: http://go.adr.org/privacyshield.html.  The exclusive location for
such arbitration shall be Atlanta, Georgia, United States.   SplashBI is subject
to the regulatory authority of the U.S. Federal Trade Commission. The Federal
Trade Commission may be contacted at the following address:

FEDERAL TRADE COMMISSION

ATTN: CONSUMER RESPONSE CENTER

600 PENNSYLVANIA AVENUE NW

WASHINGTON, DC 20580

EMAIL: CONSUMERLINE@FTC.GOV

WWW.FTC.GOV

People in the European Union (EU Data Subjects) and Switzerland can invoke
binding arbitration as stipulated in the EU-U.S. Privacy Shield Agreement, Annex
I, for some residual claims not resolved by other redress mechanisms.


CHANGES TO THIS PRIVACY POLICY

SplashBI may update this Privacy Policy at any time without prior notice. Any
such changes will become effective prospectively from the date of publication.
This Privacy Policy was last updated on May 16, 2018. We encourage you to check
this page frequently for any changes to our Privacy Policy.

Contacting SplashBI about this Privacy Policy

Any inquiries, concerns, or requests regarding the use or disclosure of your
Personal Information should be directed to us at: legal@splashbi.com.
You may also update your contact preferences by clicking the button below.

Update Contact Preferences

 

 

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