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Delight customers and agents with effortless service and support Freshdesk
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* Products
* FRESHDESK
Delight customers and agents with effortless service and support Freshdesk
* FRESHDESK OMNI
The all-in-one solution, boosted with generative AI Freshdesk Omni
* FRESHCHAT
AI-powered bots and live chat and across every messaging channel Freshchat
* FRESHSERVICE
Modern and intuitive IT and business team management Freshservice
* FRESHSALES
Boost sales and productivity with a unified CRM Freshsales
* FRESHMARKETER
Multichannel marketing campaigns for e-commerce Freshmarketer
View all products and solutions
* Platform
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* Overview
* Integrations
* AI capabilities
* Latest innovations
MORE
* App marketplace
* Developers
* Technical alliances
Q2 ’23 Launch Announcements
Start using our latest AI-powered innovations today. Find out how on the Q2
’23 Launch page.
* Resources
* Product Innovations
* Case studies
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* Training
* Support
* About
* Leadership
* Careers
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* Pricing
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FRESHWORKS PRIVACY NOTICE
Effective Date
October, 25th 2023
For prior version, please click here.
Freshworks is committed to protecting your privacy. This Privacy Notice
(“Notice”) describes how Freshworks processes personal data in connection with
our business, including the provision of our website at
(https://www.freshworks.com/) (“Website”) and our Services.
This Notice explains Freshworks’ approach to any Personal Data that we might
collect from you, or which we have obtained about you from a third party, and
the purposes for which we process your Personal Data in our capacity as a
Controller (i.e. when Freshworks determines the purposes and means of the
processing of personal data). It also describes your rights in respect of our
processing of your Personal Data.
We process Personal Data in the countries in which we are established, including
the United States, the United Kingdom and the European Economic Area (“EEA”) and
in other countries where third parties that we may use are based.
While processing the Personal Data we comply with the principles and rules of
the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the
EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) and to
the rights of EU and UK individuals and Swiss individuals.
By transferring Personal Data to a third party where Freshworks is acting as a
controller, we have the full responsibility that the processing of a third party
as a processor takes place under the DPF Principles. Freshworks shall remain
liable under the DPF Principles if its processors process Personal Data in a
manner inconsistent with the DPF Principles, unless Freshworks proves that it is
not responsible for the event giving rise to the damage.
This Notice only applies to the use of your Personal Data by us or on our
behalf. It does not apply to:
* Personal Data collected by third parties during your communications/dealings
with those third parties or your use of their products or services (for
example, where you follow links to third party websites over which we have no
control).
* Personal Data processed, stored or hosted by us when we act as a Processor on
behalf of our Customers in the course of providing our Services, in which
case the privacy statement of the relevant Customer will apply, and our data
processing agreement with such Customer will govern our processing of your
Personal Data.
DEFINITIONS
The capitalized terms used in this Notice are defined in Annex 1.
QUICK LINKS
We recommend that you read this Notice in full to ensure you are fully informed.
However, if you only want to access a particular section of this Notice, you can
click on the relevant link below to jump to that section.
1. WHO IS THE DATA CONTROLLER?
2. WHO WE COLLECT PERSONAL DATA ABOUT?
3. WHAT PERSONAL DATA DOES FRESHWORKS COLLECT, HOW DO WE USE YOUR PERSONAL DATA
AND WHAT LEGAL BASIS DO WE RELY ON?
4. WITH WHOM DO WE SHARE PERSONAL DATA?
5. INTERNATIONAL TRANSFER OF DATA
6. HOW DOES FRESHWORKS KEEP PERSONAL DATA SECURE?
7. EEA, UK AND SWISS SPECIFIC RIGHTS
8. CALIFORNIA-RESIDENT SPECIFIC RIGHTS
9. BRAZILIAN GENERAL DATA PROTECTION LAW (LGPD)
10. OPTING OUT PROCEDURE
11. OTHER COMMUNICATIONS
12. RETENTION OF PERSONAL DATA
13. LINKS TO THIRD-PARTY SITES
14. GOOGLE API DISCLOSURE
15. CHILDREN'S PERSONAL DATA
16. AMENDMENTS
17. EFFECT OF MERGER OR ACQUISITION
18. CONTACTING FRESHWORKS
1. WHO IS THE DATA CONTROLLER?
The Website and our Services are made available by various companies in the
Freshworks group of companies (each a “Group Company”).
Where this Privacy Notice refers to “Freshworks”, “we”, “us, “our”, this means
one or more of the particular Group Companies that provide the particular
Website, Mobile Application, Newsletter or Services to you, recruits you, uses
testimonials from you, sends marketing communications to you, hosts an event you
visit, or organizes a program in which you participate.
For the purposes of the GDPR and LGPD, the following Group Companies act as a
data controller when the processing of your Personal Data is governed by the
requirements of the GDPR or LGPD.
Location: United States
Freshworks Inc. (company no: 4861858) is a company established under the laws of
Delaware with its registered office at 16192 Coastal Highway, Lewes, Delaware
19958, USA and its principal business address can be found here.
Location: Germany
Freshworks GmbH
(company no: HRB 176669 B) is a company established under the laws of Germany
and its registered office address can be found here.
Location: Netherlands
Freshworks Technologies B.V. (company no: 73582166) is a company established
under the laws of the Netherlands and its registered office address can be
found here.
Location: France
Freshworks SAS (company no: 842815581) is a company established under the laws
of France and its registered office address can be found here.
Location: United Kingdom
Freshworks Technologies UK Limited (company no: 09338697) is a company
established under the laws of England and Wales and its registered office
address can be found here.
Location: India
Freshworks Technologies Private Limited (company no: U72200TN2010PTC078458) is a
company established under the laws of India with its registered office at Module
- 1 & 2, 1st Floor, Block B, No 40, Global Infocity Park, MGR Salai, Perungudi
Chennai – 600096, Tamil Nadu, India here.
2. WHO WE COLLECT PERSONAL DATA ABOUT
We collect, process and store Personal Data about the following people:
* Website visitors: If you browse our Website or contact us via our Website
(Contact Sales) we will collect, process and store your Personal Data in
connection with your interaction with us and our Website.
* Users of our Services: If you use our Services, whether it is through our
Website or our Mobile Applications, we will process your Personal Data for
certain data analytics purposes and in order to offer, deliver and improve
our Services.
* Visitors to our Offices: If you visit our office, we may process Personal
Data about you that you volunteer in connection with your visit and any
enquiries you make. For example, you may volunteer Personal Data when signing
in as a guest. CCTV footage may also be collected for security purposes.
* Recipients of marketing communications from us: If you are a potential lead
or existing customer, we may process Personal Data about you in order to send
you marketing communications.
* Event attendees: If you register for, attend or take part in our events,
webinars or contests hosted by us we will process Personal Data about you in
connection with your attendance at the event. For example, we may ask you to
complete a registration or feedback form, or other documents relating to the
event.
* Personnel that work for our Customers, partners and suppliers (including
subcontractors and personnel who work for us as freelancers or contractors).
If you (or your organization) are:
* in receipt of services from us;
* supply products or services to us; or
* otherwise partner with us;
We may collect, process and store your Personal Data in connection with our
provision of those Services to you, our receipt of those Services from you
and/or our partnership. This may include Personal Data included in any email or
telephone communications or recorded on any document relating to an order for
the Services.
* Job applicants: If you apply for a job with us, whether through our Website
or otherwise, we will collect, process and store your Personal Data in
connection with your application.
* Shareholders: If you are a shareholder of our Group Companies, we will
process your personal data in relation to your investment and for our
reporting obligations.
We also make available a Market Place platform where individuals can download
applications developed by Freshworks or by third parties (the “Applications”).
This Notice will apply to our processing of your Personal Data during your use
of the Applications when the Applications are provided by us, and the
Application shall include a link to this Notice. When Applications are provided
by a third party, the privacy statement of the relevant third party will apply.
Hosted Data
Some of our Services include processing of data on behalf of our Customers in
relation to applications, tools or software that we provide (“Hosted Data”).
Save for the limited circumstances set out in this Notice, we are not the data
controller of this Hosted Data as we do not determine the purposes or the means
of the processing. If you believe your Personal Data is being processed by us in
this way, you should refer to the privacy notice of the data controller on whose
behalf we are acting.
3. WHAT PERSONAL DATA DOES FRESHWORKS COLLECT, HOW DO WE USE YOUR PERSONAL DATA
AND WHAT LEGAL BASIS DO WE RELY ON?
What Personal Data we collect and how we use your Personal Data WHAT LEGAL BASIS
DO WE RELY ON TO PROCESS YOUR PERSONAL DATA A) Personal Data we collect
directly from you (“Collected Data”) Purpose: providing you with the Services.
We may use, retain and process your Personal Data for the following purposes
when providing our Services:
* to provide the Services.
* to administer your account (including when you subscribe and sign-up to any
of our Services)
* to assess the needs of your business to suggest suitable Services and respond
to service requests, questions or concerns.
* to facilitate your transactions with other users when you use our Services.
* to prevent or respond to any misuse of our Services or Applications or any
violations of our Terms and any applicable laws.
* to collect subscription fees.
The data processed includes:
* contact information such as name, e-mail address, mailing address, IP
address, geographic location, or phone number of the Account admin;
* billing information, such as credit card number and billing address details
about payments made between you and us; details of Services purchased from
us;
* name and e-mail address when Account admin/Agent(s) provide feedback from
within the Service(s);
* unique identifiers, such as username, account number or password
* your feedback and survey responses; and
* the content of any messages you send us, including, without limitation,
messages transmitted via the Services, email, telephone, or via the Website
(including web-based chat interfaces).
We process your Personal Data for these purposes based on our legitimate
interests or a third party’s legitimate interest to ensure we provide our
Services in an effective, safe and efficient way. Where we process your Personal
Data to administer your account, or to the extent necessary to collect your
subscription fees, we do so for the purposes of our contract with you. Purpose:
Recruitment, Freshworks Careers. When you apply for an open position by either
populating the application form, by email or by hard copy and whether submitted
directly by you or by a third-party recruitment agency on your behalf, we will
use such data to evaluate you for the open position that you have applied for or
any position that we consider you suitable for at the time you submit your
resume (application?) or at any later date. For the purposes of evaluating you
for an open position, you understand that we may internally rate you based on
parts of your resume (application?) and your information. If you do not wish to
be rated by us, please do not provide us your information. The data processed
includes:
* contact information, such as name, email address, mailing address, phone
number, and (subject to local laws) links to your social networking profiles;
* any other information you volunteer, including during any interview or your
interactions with us and contained in the resume that you submit to us;
* personal data obtained from any third parties we work with in relation to our
recruitment activities, including without limitation (and subject to local
laws), recruitment agencies, background check providers, credit reference
agencies and your referees; and
* details of your education, qualifications and employment history, any other
personal data which is contained in any reference about you that we receive.
Such information may also include special categories of personal data (such
as information about your health, any medical conditions and your health and
sickness records) and information relating to criminal convictions and
offences (only if that information is relevant to the role you are applying
for and subject to local laws).
Subject to local laws, we may also use your personal data for the purpose of
reviewing our equal opportunity profile in accordance with applicable
legislation. We do not discriminate on the grounds of gender, race, ethnic
origin, age, religion, sexual orientation, disability or any other basis covered
by local legislation. All employment-related decisions are made entirely on
merit. We will retain data from applications for a limited period for record
keeping and legal (or, subject to local law, regulatory) purposes. We may
(subject to the laws in your jurisdiction) also retain your data in order to
contact you if a role arises for which we think you would be suitable. Further
information about this will be provided during the application process and we
will ask for consent where necessary according to local law. Where we use your
Personal Data in connection with recruitment, it will be in connection with us
taking steps at your request to enter into a contract we may have with you or it
is in our legitimate interest to use personal data in such a way to ensure that
we can make the best recruitment decisions. We will not process any special (or
sensitive) categories of Personal Data or Personal Data relating to criminal
convictions or offences except where we are able to do so under applicable
legislation or with your explicit consent. Purpose: Freshworks hosting or
managing Events and programs. From time to time, we may organize and host events
for the purpose of promoting our business or other reasons. The data processed
includes:
* We may process your name, email address, designation and company name to
communicate with you about such events where you have specifically requested
information about such events or where we have another lawful basis for
sending that information to you.
* When you attend an event conducted by Freshworks, including webinars or
seminars, we may collect your contact information such as name, e-mail
address, phone number, designation and company name to record your attendance
at the event and for related record-keeping purposes.
* If you attend any user conferences hosted by us at a physical location where
we serve food and other refreshments, we collect information about your food
preferences and allergies.
* You may also feature in photographs taken at our events and such photographs
may appear in publications that we make available.
When you register for any of our programs through a registration form on our
Site, we may collect information such as your name, e-mail address, company
name, designation, company website URL, IP address, location and contact
information. It is necessary for us to use your Personal Data in this way to
perform our obligations in accordance with any contract that we may have with
you where you have signed up to attend an event, or it is in our legitimate
interest or a third party’s legitimate interest to use Personal Data in such a
way to ensure that the event is operated in a secure and effective way. We may
specifically ask your permission to use your photographs, quotes, testimonials,
or other content that you make available or publish at the event. Where this is
the case, our processing of such Personal Data will be based on consent (or, if
we enter into a contract with you for this purpose, on the performance of said
contract) Purpose: Prize draws, prize competitions and other promotions. From
time to time, we may run prize draws, prize competitions and other promotions on
our Site and/or on our social media accounts. The data processed includes: For
the purposes of administering such promotions, we may process:
* your name, e-mail address, company name, designation, company website URL, IP
address, location and contact information, banking details;
* information about when your current or previous sessions started, IP address;
browser type and operating system; geolocation, any other unique numbers
assigned to a device and other data that is collected through your
interactions with third party websites and services; and
* any other personal data volunteered by you or that we ask for in relation to
your promotion entry.
Our promotions are subject to separate terms and conditions, which you may be
required to accept as a condition of entry. It is necessary for us to use your
personal data to perform our obligations in accordance with any contract that we
may have with you (e.g. the promotion terms and conditions) or it is in our
legitimate interest to use your personal data to enable us to administer our
promotion fairly and effectively and to ensure that we comply with
self-regulatory codes governing the operation of promotions. Purpose:
Participation in Public forums, Community platform, Forms and use of your
statements for testimonials. When you visit or register our publicly accessible
community forums and blogs or submit any forms on our Site, you should be aware
that any information you provide in these areas may be read, collected and used
by others who access them. We may post your testimonials/comments/reviews on our
Websites which may contain your Personal Data. The data processed includes:
* contact information such as name, e-mail address, mailing address, or phone
number;
* information about your business, such as company name, company size, business
type; and
a short bio about you to identify you as the author of the post. We may post
your testimonials/comments/reviews on our Websites which may contain your
Personal Data. Where we use your content in connection with Services that we
provide via our Website, it is in our legitimate interest to use any Personal
Data that you provide to us to ensure that we provide the relevant Services in
an effective way. Prior to posting the testimonial, we will obtain your consent
to post your name along with the testimonial. If you do not consent, we are only
allowed to use the testimonial in a fully anonymized way. If you want to revoke
your consent and your testimonial to be removed, please contact us
at support@freshworks.com. If we enter into a contract with you for this
purpose, our legal basis may be the performance of said contract. Purpose:
Newsletters. When you actively subscribe to our newsletters, we collect and
store your e-mail address to share our newsletters with you. If you have
requested content from us, i.e. a newsletter, it is in our legitimate interest
to use your Personal Data in such a way to ensure that we process your request
in an effective way. Purpose: Advertising and marketing to our Customers and
prospective leads - sending marketing communications by post and/or email. The
data processed includes: We use your name, email address, job title; and
organization that you represent, social media handle and details of any
marketing preferences that you have communicated to us to send you (or the
organization you represent) marketing communications by post and/or email. Our
marketing will include press releases and information about us, our Website and
our Services, any events we may hold and any offers or promotions we offer from
time to time. Our marketing communications will include personalized and
non-personalized marketing. Personalized marketing has been specifically
tailored to you and will include content that we think is most relevant to you,
based on what we know about you. We may use technology to do this, but generally
all our marketing methods involve human intervention. Non-personalized marketing
is marketing that is not tailored to you. Where we are sending you personalized
marketing, we may also use other types of Personal Data to help us decide what
sort of personalized marketing to send you (please see the “Cookies and Similar
Technologies”, “Usage Data” and “Mobile Applications” sections below for more
details). In the UK, EU and Brazil we will rely on your consent when sending
marketing communications. Otherwise, it is in our legitimate interest to use
your Personal Data for marketing purposes, for example to decide what marketing
content we think may appeal to you or for postal or email marketing (except
where we are required by applicable law to obtain your consent). Purpose:
Advertising and marketing to our Customers and prospective leads: Online
personalized marketing. The data processed includes: We and our third party
partners may use your data relating to your behaviors, interests and
preferences, including data collected as a result of your browsing activity
and/or interaction with our Website and/or our emails, which is obtained through
the use of cookies, pixel tags and other similar technologies; information about
when your current or previous sessions started, IP address; browser type and
operating system; geolocation, any other unique numbers assigned to a device and
other data that is collected through your interactions with third party websites
and services to provide you with, and analyze the effectiveness of, personalized
ads when you visit other websites and/or use other services (including the
social media and other platforms described in the “advertising to you on social
media and other platforms” section. By “personalized ads”, we mean
advertisements for services that you have shown an interest in when you have
used our Website or which we or our partners otherwise think you might be
interested in based on your browsing habits. Note, our third-party partners may
also use the data that is collected to show personalized ads for products and
services offered by third parties. Please see the “Cookies and Similar
technologies” section to learn about the legal basis that we rely on to collect
data via the use of cookies. https://www.freshworks.com/list-of-cookies/ Where
we use your personal data to display online personal advertising to you, we rely
on the consent that you have provided in respect of the collection of such data,
or, subject to local law, it is otherwise in our legitimate interests to promote
our Website and our Services to you. Purpose: Advertising and marketing to our
Customers and prospective leads - advertising to you on social media and other
platforms. We share your email address and other identifiers such as your phone
number or device ID (usually in an encrypted or ‘hashed’ form) with third-party
providers of social media platforms and other services, such as [Facebook,
LinkedIn] and other similar platforms (“Social Platforms”), so that the third
party providers can try to “match” your data with the data of their registered
users of their Social Platforms. Where there is a successful match, we will
display our advertising to you when you use the relevant Social Platform (e.g.
on your Facebook newsfeed). This is known as “custom audience” advertising,
because we “customize” the audience that we want to reach on the relevant
service. Some of the advertising that you see may be personalized to you. The
data that we use to personalize our advertising, will include:
* Data relating to your browsing activity or interaction with our emails,
obtained through the use of cookies, pixel tags and other similar
technologies; information about when your current or previous sessions
started; details about any products you viewed through the Site; and
* IP address; browser type and operating system; geolocation; any other unique
numbers assigned to a device.
Such data used to personalize advertising will not be provided to the
third-party providers of the Social Platforms for this purpose but please see
the “Cookies and Similar Technologies” section for details of where we may share
such data. This activity is also subject to the privacy choices you have elected
to make on such Social Platforms. We will only share your Personal Data with the
third-party providers of the Social Platforms, so that we can advertise our
Services to you when you use those Social Platforms, where you have provided
your consent or where it is otherwise in our legitimate interests to do so in
order to promote our Services. Where this activity is undertaken through the use
of Cookies, please see the “Cookies and Similar Technologies” section) to learn
about the legal basis that we rely on. You can opt-out of our sharing of your
personal information with the third-party providers by exercising your rights as
a data subject as set out below. Purpose: Advertising and marketing to our
Customers and prospective leads - advertising to other people who share similar
interests and characteristics to you (or if you are someone that sees such
advertising). We will provide your Personal Data to third-party providers of
Social Platforms as described in the “advertising to you on social media and
other platforms” and the “Cookies and Similar Technologies” sections. If you are
a user of those Social Platforms, we may ask the third-party providers of those
Social Platforms to find other registered users of their services who share
similar interests and characteristics to you, which will be based on information
that the third party holds about you and its other registered users. This is
known as “lookalike” audience advertising because we are trying to show our
advertising to people who “look like” you. If you are someone who has seen this
advertising on a Social Platform, please note that this activity is based on
data that you have provided to the Social Platform (which we do not receive) and
is also subject to the privacy choices you have elected to make on such
third-party services. Please see the “advertising to you on social media and
other platforms” section for details of the lawful basis that we rely on to
share your personal data with the Social Platforms. It is in our legitimate
interests to further use your Personal Data to advertise our Services to other
individuals that use those Social Platforms and who share similar interests and
characteristics with you. If you are someone who has seen this advertising on a
Social Platform, it is in our legitimate interests that the Social Platform uses
the data that you have provided to it to advertise our Services, although please
note that we do not receive this data and you should exercise your rights in
respect of such data in accordance with the privacy notice of the relevant
Social Platform. Purpose: Service Analytics. We perform analytics on Personal
Data that we process in order to: provide the Services, assess the needs of our
Customer’s business to determine or suggest suitable Service(s); send Customers
requested information about the Service(s) and improve the quality of this
information; respond to customer service requests, questions and concerns and
improve the quality of these responses; and for product improvement purposes.
The data processed includes: Email addresses; mobile or landline telephone
numbers; IP address; chat identifiers and chat content (including the contents
of chatbot sessions); widgets. As set out above we are generally not a data
controller of any Hosted Data – i.e. data which we process on behalf of our
customers. However, some Hosted Data may be used as part of our analytics for
the above purposes. It is necessary for us to use your Personal Data in this way
to fulfil our obligations in accordance with any contract that we may have with
you to provide our Services. It is also in our legitimate interests to process
Personal Data in this way in order to perform analytics, train our algorithms,
improve, enhance, develop, support and operate the Services and its
availability, compile statistical reports and record insights into usage
patterns, develop new products and services using machine learning technologies
and more generally to better serve our Customers and be able to provide
customized content and features. Purpose: Cookies and Similar Technologies,
Mobile Applications, Usage Data, Single Sign on and Social Media. We use
commonly used tools to automatically collect information that may contain
Personal Data from your computer or mobile device as you visit our Websites, use
our application or in general use our Services. a) Cookies and Similar
Technologies. We and our third-party advertising partners use cookies, web
beacons, pixel tags and similar technologies (which we generically refer to as
‘cookies’) to collect data from the devices that you use to access our Website.
Data collected via these cookies are used for the purposes of:
* analyzing trends;
* administering the Website;
* to count users who have visited our Site and collect other types of
information including insights about visitors’ browsing habits on the
Websites;
* gathering demographic information about our user base as a whole;
* to learn what parts of our Website are most popular and what kind of features
and functionalities our visitors like to see;
* to help us understand the type of marketing content that is most likely to
appeal to our visitors and Customers; and
* to help us with the selection of future product and service lines, website
design and to remember your preferences.
We may receive reports from third party companies based on the use of these
technologies on an individual and aggregated basis. Most web browsers support
cookies and users can control the use of cookies at the individual browser
level. Please note that if you choose to disable cookies, it may limit your use
of certain features or functions on our Websites and Services. As is true of
most websites, we gather certain information automatically and store it in log
files. This information may include internet protocol (IP) addresses, browser
type, internet service provider (ISP), referring/exit pages, the files viewed on
our Websites (e.g., HTML pages, graphics, etc.), operating system, date/time
stamp, and/or clickstream data. We link this automatically collected data to
other data we collect about you. Please see our Cookies
Policy https://www.freshworks.com/list-of-cookies/ for further information
about our use of Cookies and similar technologies. Cookies and Similar
Technologies: Where your data is collected through the use of non-essential
cookies, we rely on consent to collect your personal data and for the onward
processing purpose. Please see our Cookie
Policy https://www.freshworks.com/list-of-cookies/ for further details. b)
Mobile Applications. When you download, install and use our Mobile
Applications, we automatically collect information on the type of device you
use, operating system version, and the device identifier (or “UDID”). We use
mobile analytics software to allow us to better understand the functionality of
our Mobile Software on your phone. This Software may record certain information
such as how often you use the application, the events that occur within the
application, aggregated usage, performance data, and where the application was
downloaded from. We do not link the information we store within the analytics
software to any personal data you submit within Mobile Applications. When you
open the Mobile Applications for the first time, you may be asked for permission
to send you push notifications. If you allow this feature, our Mobile
Applications will send you push notifications, for example, reminders, alerts,
updates and other information. You can configure and turn off push notifications
via your device settings at any time. Mobile Applications: Functionality: It is
in our legitimate interest to use the data collected here in order to send error
messages (if applicable) and in order to secure our Mobile Applications and to
detect and resolve errors and cyberattacks. Mobile Analytics: Where we use
mobile analytics software to understand the functionality of our Mobile Software
on your phone, we rely on our legitimate interests in order to secure our Mobile
Applications and ensure the proper functioning of our Mobile Applications and
ensure the effective provision of our Services. Where this involves the use of
cookies, please see the “Cookies and Similar Technologies” section) to learn
about the legal basis that we rely on.
https://www.freshworks.com/list-of-cookies/ Push notifications: In the UK, EU
and Brazil, where we send push notifications about any events or promotions that
we may be running and/or update you about new features to our Services we will
do so on the basis of your consent. Otherwise, we will rely on our legitimate
interests in doing so. c) Usage Data. In addition to the information mentioned
in the Cookies and Similar Technologies
https://www.freshworks.com/list-of-cookies/ section above that we automatically
collect, we also collect clicks, scrolls, conversion and drop-off on our
Websites and Service(s) to monitor user journey in real-time (“Usage Data”).
Subject to this Notice, we will use such Usage Data and Customer data, including
without limitation, to (i) assess the needs of your business to determine or
suggest suitable Services; (ii) send you requested information about the
Services; (iii) respond to customer service requests, questions and concerns;
(iv) for any analytical purposes; and (v) to provide and improves the Services.
* For Freshcaller users only: your calls will be recorded, subject to the
consent of both parties to the call, and this recording will be used for
product improvement, including to train our applications to better recognize
human speech.
* For Freshchat, Freshworks and Freshmarketer customers: you will have the
option to opt out of analytics or tracking certain events from within these
products.
* For FreshworksCRM users only: Your calls made using FreshworksCRM will be
recorded, subject to the consent of both parties to the call, and this
recording will be used for product improvement, including to train our
applications to better recognize human speech. You will have the option to
opt out of analytics or tracking certain events from within FreshworksCRM.
* Analytics opt-out for products other than Freshchat, Freshworks and
Freshmarketer: Customers may opt-out of analytics by writing to
dpo@freshworks.com.
Usage Data: We will rely on our legitimate interests to process Usage Data for
the purposes outlined, except for call recording which we base on consent
exclusively. Where Usage Data is collected via cookies or similar technologies,
please see the “Cookies and Similar Technologies” section) to learn about the
legal basis that we rely on. https://www.freshworks.com/list-of-cookies/ d)
Single sign-on. You can log in to our Websites using sign-in services such as
Google, Facebook Connect and LinkedIn. These services will authenticate your
identity and provide you the option to share certain Personal Data with us such
as your name and e-mail address. Services like Google, Facebook Connect,
Twitter, LinkedIn give you the option to post information about your activities
on our Websites to your profile page and to share information with others within
your network. Single sign on: Where you have opted to use single sign on – it is
in our legitimate interest to process your Personal Data in order to facilitate
the single sign on function. e) Social media features and third-party
cookies. Our Websites include social media features, such as the Facebook “Like”
button, the “Share This” button or interactive mini-programs. Where you interact
with these features, those third parties may collect your IP address, which page
you are visiting on our Websites, and may set a cookie to enable the feature to
function properly. Social media features and widgets are either hosted by a
third party or hosted directly on our Websites. Your interactions with these
features are governed by the privacy notice of the company providing them. If
the widget is shown on our Websites, our Privacy Notice applies. Please see
our Cookies Policy for further information. If you provide us or our service
providers with any Personal Data relating to other individuals, including
End-User data or your employee’s data, you represent that you have the authority
to do so and acknowledge that it will be used in accordance with this Notice.
Social media features: Where this activity is undertaken through the use of
Cookies on our Website, we rely on consent to collect your personal data and for
the onward processing purpose. Please see our Cookie
Policy https://www.freshworks.com/list-of-cookies/ for further details. Where we
use social media features, we do so in line with the terms and conditions of
those providers. Purpose: Business administration and legal compliance.
* We may use your Personal Data to: a) respond to lawful requests by public
authorities, including meeting national security or law enforcement
requirements; b) when we believe that disclosure is necessary to protect our
rights and/or to comply with a judicial proceeding, court order, police
request or other legal process served on us; c) to protect the rights of
third parties; and d) in connection with a business transition such as a
merger, reorganization, acquisition by another company, or sale of any of our
assets.
Where we use your Personal Data in connection with a business transition, to
enforce our legal rights or to protect the rights of third parties, it is in our
legitimate interest to do so. For all other purposes described in this section,
we have a legal obligation to use your Personal Data to comply with any legal
obligations imposed upon us, such as a court order. In some jurisdictions the
applicable legal basis will be the exercise of legal rights in judicial,
administrative or arbitration proceedings. We will not process any special (or
sensitive) categories of Personal Data or Personal Data relating to criminal
convictions or offences except where we are able to do so under applicable
legislation and/ or with your explicit consent. Purpose: Receipt of products and
services from our suppliers. If we have engaged you or the organization you
represent to provide us with products or services (for example, if you or the
organization you represent provide us with services such as IT support or
financial advice), we will collect and process your Personal Data in order to
manage our relationship with you or the organization you represent, to receive
products and services from you or the organization you represent and, where
relevant, to provide our Services to others. The data processed includes: The
Personal Data we collect from you may include your name, email address,
telephone number, designation, billing address and any other personal data you
volunteer which is relevant to our relationship with you or the organization you
represent. It is necessary for us to use your Personal Data to perform our
obligations in accordance with any contract that we may have with you or the
organization you represent, or it is in our legitimate interest to use Personal
Data in such a way to ensure that we have an effective working relationship with
you or the organization you represent and are able to receive the products and
services that you or your organization provides, and provide our Services to
others, in an effective way. Purpose: Security. We may process your Personal
Data in connection with the administration of our security measures. We have
security measures in place at our premises, including CCTV and building access
controls. There are signs in place showing that CCTV is in operation. The images
captured are securely stored and only accessed on a need to know basis (e.g. to
look into an incident). CCTV recordings are typically automatically overwritten
after a short period of time unless an issue is identified that requires
investigation (such as a theft). We may require visitors to our premises to sign
in on arrival and where that is the case we will keep a record of visitors for a
short period of time – normally only for as long as is necessary for legitimate
security purposes. Our visitor records are securely stored and only accessible
on a need-to-know basis (e.g. to look into an incident). It is in our legitimate
interests to process your Personal Data so that we can keep our premises secure
and provide a safe environment for our personnel and visitors. What Personal
Data we collect and how we use your Personal Data? What legal basis we rely on
to process your Personal Data? B) Information that we collect from third
parties. From time to time, we may receive Personal Data about you from third
party sources like databases and social media but only where we have checked
that these third parties either have your consent to or are otherwise legally
permitted or required to disclose your personal information to us. The types of
information we obtain from such third parties include your name, e-mail address,
postal address, location, designation, telephone number and we use the
information we receive from these third parties to maintain and improve customer
support experience, improve the accuracy of the records we hold about you and
for our sales and marketing purposes. When processing your Personal Data
received by third parties for these purposes, we will rely on the consent that
you have given such third party to share data with us. Otherwise, subject to
local law, our processing activities will rely on our legitimate interests to
improve our customer service and ensure our marketing databases are accurate.
4. WITH WHOM DO WE SHARE PERSONAL DATA?
We process Personal Data in the countries in which we are established, including
the United States, the United Kingdom and the European Economic Area (“EEA”) and
in other countries where third parties that we may use are based.
You may refer to the Freshworks Data Hosting page here for more information
about the locations in which the Hosted Data (i.e., that which we process as a
Processor during the provision of our Services) is stored.
When processing your Personal Data, we may need to share it with other third
parties (including other entities within our Group Companies), as set out below.
This list is non-exhaustive and there may be circumstances where we need to
share Personal Data with other third parties:
* With third parties assisting Freshworks in providing our Customers with the
Service(s) (“Sub-Processors" listed here). Our Sub-Processors are given
access to Customers’ Account and Customer data only as reasonably necessary
to provide the Service(s) and will be subject to confidentiality obligations
in their service agreements;
* With third party service providers providing us with services, such as
research and analytics, anti-spamming and anti-phishing services, marketing
and data enrichment or for them to reach out to you on our behalf;
* With third party payment processors who process your credit card and other
payment information for Freshworks but who are otherwise not permitted to
store, retain or use such information;
* With third party partners for the purpose of assisting us in onboarding you
and providing any further support needed to use our Services;
* With sponsors of contests for which you register;
* With third-party service providers that are assisting us with the operation
and administration of events. If we are running an event in partnership with
other organizations, we will share your Personal Data with such organizations
for use in relation to the event;
* With third-party social media networks, advertising networks and websites;
* With external recruiters, and related organizations such as third-party
providers that undertake employee background checks on our behalf and on
behalf of other entities within our Group Companies;
* With auditors, lawyers, accountants and other professional advisers who
advise and assist us in relation to the lawful and effective management of
our organization and in relation to any disputes we may become involved in;
* Law enforcement or other government and regulatory agencies and bodies or
other third parties as required by, and in accordance with, applicable law or
regulation;
* With Affiliates within Freshworks and companies that we will acquire in the
future when they are made part of the Freshworks group – this may be for
customer support, marketing, technical operations, account management or
organizational purposes and to provide, enhance and improve the Services;
* If we are involved in a merger, reorganization or other fundamental corporate
change with a third party, or sell/buy a business unit to/from a third party,
or if all or a portion of our business, assets or stock are acquired by a
third party, with such third party including at the due diligence stage;
* Other third parties - Occasionally, we may receive requests from third
parties with authority to obtain disclosure of Personal Data, such as to
check that we are complying with applicable law and regulation, to
investigate an alleged crime, or to establish, exercise or defend legal
rights. We will only fulfil requests for Personal Data where we are permitted
to do so in accordance with applicable law or regulation.
* When you connect your Gmail mailbox with your Freshworks Account (see section
14 (Google API Disclosure) below).
Where necessary (such as when we transfer data to service providers) we put in
place appropriate contractual arrangements and security mechanisms to protect
the Personal Data shared and to comply with our data protection, confidentiality
and security standards and obligations. Further details can be provided upon
request.
5. INTERNATIONAL TRANSFER OF DATA
Freshworks complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the
UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework
(Swiss-U.S. DPF). Freshworks has certified to the U.S. Department of Commerce
that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF
Principles) with regard to the processing of personal data received from the
European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK
Extension to the EU-U.S. DPF. Freshworks has certified to the U.S. Department
of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles
(Swiss-U.S. DPF Principles) with regard to the processing of personal data
received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any
conflict between the terms in this privacy policy and the EU-U.S. DPF Principles
and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn
more about the Data Privacy Framework (DPF) program, and to view our
certification, please visit https://www.dataprivacyframework.gov/
Model Clauses: Where we use certain service providers, we may use specific
contracts approved by the UK and/or European Authorities which give Personal
Data the same protection it has in the UK and the EEA. For further details,
see https://ec.europa.eu/info/law/law-topic/data-protection/data-
transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
This is true whether or not the transfer is within our group, or to a third
party.
With respect to Personal Data received or transferred to the United States,
Freshworks is subject to the regulatory enforcement powers of the U.S. Federal
Trade Commission.
With respect to Personal Data subject to LGPD’s jurisdiction, Freshworks will
also accomplish LGPD’s requirements for transfers of Personal Data to countries
which do not have the same data protection laws.
In certain situations, Freshworks. and/or its Group Companies may be required to
disclose Personal Data in response to lawful requests by public authorities,
including to meet national security or law enforcement requirements. If you have
an unresolved privacy or data use concern that we have not addressed
satisfactorily, you can contact us at dpo@freshworks.com or via postal mail at
Freshworks Inc., 2950 S. Delaware Street, Suite 201, San Mateo, CA 94403 at the
attention of the Data Protection Officer with a copy to dpo@freshworks.com.
6. HOW DOES FRESHWORKS KEEP PERSONAL DATA SECURE?
We use appropriate technical and organizational measures to protect the Personal
Data that we collect and process. We have implemented information security
policies, rules and technical measures to protect the Personal Data under our
control from unauthorized access, improper use or disclosure, unauthorized
modification and unlawful destruction or accidental loss. In addition, all our
employees and data processors (i.e. those who process your Personal Data on our
behalf) are obliged to respect the confidentiality of the Personal Data of all
users of our Website and those who purchase our Services. The measures we use
are designed to provide a level of security appropriate to the risk of
processing your Personal Data.
While information security risks are always evolving, so are the controls. The
controls, so implemented, are periodically reviewed as part of internal and
external audits. If you have questions about the security of your Personal Data,
please contact us using the details in section 18.
7. EEA, UK AND SWISS SPECIFIC RIGHTS
A) Collected Data (excluding Hosted Data)
If you are an individual resident in EEA, UK or Switzerland, you have the
following data protection rights regarding Collected Data:
If you wish to exercise any of the following rights in relation to your Personal
Data (hereinafter referred to as a “Request”), you can do so at any time by
contacting us using the details in section 18:
Your right of access If you ask us, we will confirm whether we are processing
your Personal Data and, if so, provide you with a copy of that Personal Data
(along with certain other details). If you require additional copies, we may
charge a reasonable fee for producing those additional copies. Your right to
rectification If the Personal Data we hold about you is inaccurate or
incomplete, you are entitled to have it rectified. If we have shared your
Personal Data with others, we will let them know about the rectification where
possible. If you ask us, where possible and lawful to do so, we will also tell
you who we have shared your Personal Data with so that you can contact them.
Your right to erasure You can ask us to delete or remove your Personal Data in
some circumstances, such as where we no longer need it or where you withdraw
your consent (where applicable). If we have shared your Personal Data with
others, we will let them know about the erasure where possible. If you ask us,
where it is possible and lawful for us to do so, we will also tell you who we
have shared your Personal Data with so that you can contact them directly. Your
right to restrict processing You can ask us to “block” or suppress the
processing of your Personal Data in certain circumstances such as where you
contest the accuracy of that Personal Data, or you object to us processing it
for a particular purpose. This may not mean that we will stop storing your
Personal Data but, where we do keep it, we will tell you if we remove any
restriction that we have placed on your Personal Data to stop us processing it
further. If we have shared your Personal Data with others, we will let them know
about the restriction where it is possible for us to do so. If you ask us, where
it is possible and lawful for us to do so, we will also tell you who we have
shared your Personal Data with so that you can contact them directly. Your right
to data portability You have the right, in certain circumstances, to obtain
Personal Data you have provided to us (in a structured, commonly used and
machine-readable format) and to reuse it elsewhere or to ask us to transfer it
to your chosen third party. Your right to object You can ask us to stop
processing your Personal Data, and we will do so, if we are: (i) relying on our
own or someone else’s legitimate interest to process your Personal Data, except
if we can demonstrate compelling legal grounds for the processing; or (ii)
processing your Personal Data for direct marketing purposes. Your rights in
relation to automated decision-making and profiling You have the right not to be
subject to a decision when it is based on automatic processing, including
profiling, if it produces a legal effect or similarly significantly affects you,
unless such profiling is necessary for the entering into, or the performance of,
a contract between you and us. Your right to withdraw consent If we have
collected and processed your Personal Data with your consent, then you
can withdraw your consent at any time. Withdrawing your consent will not affect
the lawfulness of any processing we conducted prior to your withdrawal, nor will
it affect processing of your Personal Data conducted in reliance on lawful
processing grounds other than consent. Your right to opt out of marketing
communications You have the right to opt-out of marketing communications we send
you at any time. You can exercise this right by clicking on the “unsubscribe” or
“opt-out” link in the marketing e-mails we send you. To opt-out of other forms
of marketing (such as postal marketing or telemarketing), please contact us
using the details in section 18. Your right to lodge a complaint with the
supervisory authority If you have a concern about any aspect of our privacy
practices, including the way we have handled your Personal Data, please contact
us using the details in section 18. You also have the right to complain to a
data protection authority in the Member State of your residence or the place of
the alleged infringement. You can find a list of contact details for all EU
supervisory authorities at
http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. The
UK data protection regulator is the Information Commissioner’s Office and
contact details can be found at https://ico.org.uk. If you are residing in
France: your right to give instructions regarding the processing of your data
after your death You have the right to give instructions regarding the
retention, deletion and disclosure of your Personal Data after your death. You
may designate a person to carry out these instructions. This person is then
entitled to be informed of the directives and to request their implementation
from us.
We respond to all requests we receive from individuals wishing to exercise their
data protection rights within a reasonable timeframe in accordance with
applicable data protection laws. We can only process requests after we have
verified your identity, which may mean requesting further information from you.
B) Hosted Data
As explained above, some of our Services include processing data on behalf of
our customers in relation to Applications, tools or software that we provide.
Save for the limited circumstances set out in this Notice, we are not the Data
Controller of this Hosted Data as we do not determine the purposes or the means
of the processing.
If you wish to access, correct, update, modify or delete Hosted Data or if you
would no longer like to be contacted by one of our Customers you should direct
your query to the Customer, who is the Data Controller of your data. If
requested by the Customer to action a Request, we will respond within a
reasonable timeframe.
If you are a Customer of our Services and wish to raise a Request on behalf of
data subjects in connection with Hosted Data, you may raise a ticket on the
support portal of the relevant Service. Please note that if a Customer has
subscribed to more than one Service, a Request on a particular Service support
portal is specific to that Service only and separate Requests need to be raised
across other relevant Service support portals.
C) General Compliance
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and
the Swiss-U.S. DPF, Freshworks commits to cooperate and comply respectively with
the advice of the panel established by the EU data protection authorities (DPAs)
and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data
Protection and Information Commissioner (FDPIC) with regard to unresolved
complaints concerning our handling of personal data received in reliance on the
EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.
If you have a question or complaint related to participation by Freshworks in
the DPF Frameworks, we encourage you to contact us via dpo@freshworks.com. For
any complaints related to the DPF Frameworks that Freshworks cannot resolve
directly, we have chosen to co-operate with the relevant EU Data Protection
Authority, or a panel established by the European data protection authorities,
for resolving disputes with EU individuals, the UK Information Commissioner (for
UK individuals) and the Swiss Federal Data Protection and Information
Commissioner (FDPIC) for resolving disputes with Swiss individuals. As further
explained in Annex I of DPF Principles, binding arbitration is available to
address residual complaints not resolved by other means. Freshworks is subject
to the investigatory and enforcement powers of the U.S. Federal Trade Commission
(FTC).
8. CALIFORNIA-RESIDENT SPECIFIC RIGHTS
Your California Privacy Rights; “Shine the Light” Law
California residents are entitled once a year, free of charge, to request and
obtain certain information regarding our disclosure, if any, of certain
categories of personal information to third parties for their own direct
marketing purposes in the preceding calendar year. We do not share your personal
information with third parties for those third parties’ direct marketing
purposes.
California Consumer Privacy Act
To the extent you are a 'consumer' as defined under the California Consumer
Privacy Act of 2018 ("CCPA") and Freshworks is a 'business' as defined under
CCPA, the following applies to you:
Under the CCPA, “personal information” is information that identifies, relates
to, describes, is reasonably capable of being associated with, or could
reasonably be linked, directly or indirectly, with a particular consumer or
household. Subject to the provisions of the CCPA, consumers have the rights to
receive certain disclosures regarding the collection, use, and disclosure of
information about them, as well as rights to know/access, delete, correct, and
limit the use and disclosure of sensitive personal information and opt out of
the sale or sharing of personal information. You have the right to be free from
discrimination based on your exercise of your CCPA rights. To the extent that we
collect personal information that is subject to the CCPA, that information, our
practices, and your rights are described below.
Notice at Collection Regarding the Categories of Personal Information Collected
You have the right to receive notice of certain information about our data
collection, use, and disclosure. Freshworks does not sell personal information
as defined by the CCPA. The following table summarizes the categories of
personal information we may collect that may be disclosed to service providers.
Freshworks does share personal information (as defined by the CCPA) as explained
below the following table. The categories we use to describe personal
information are those enumerated in the CCPA.
We may collect this personal information for the purposes described in the
section above titled 'WHAT PERSONAL DATA DOES FRESHWORKS COLLECT, HOW DO WE USE
YOUR PERSONAL DATA AND WHAT LEGAL BASIS DO WE RELY ON.'
Category Source Identifiers (such as contact information or personal
characteristics like name, email address or postal address, or social media
handles) You; our social media pages Health Information (such as protected
health information or physical or mental health status) You Financial
Information (such as payment data, bank account information, or credit
information) You Protected Classifications and Other Sensitive Data (such as
date of birth or gender) You Commercial Information (such as transaction
information, billing and payment records, or order history) You Biometric
Information (such as fingerprint, voiceprint, facial recognition, or eye
recognition) You Geolocation Information (such as approximate location based on
your IP address) You Internet or Electronic Network Activity Information (such
as IP address, device identifier (e.g. Mac), cookie or tracking pixel
information, browsing or search history, or diagnostic information) You Audio,
Electronic, Visual, Thermal, Olfactory, or Similar Information (such as call
recordings, photographs, or video) You Professional or Employment-Related
Information (such as current employer or job title) You Education Information
(such as education history and level of education) You Inferences Drawn About
You (such as user profile reflecting preferences, characteristics, psychological
trends, or predispositions) You Content of Communications (such as contents of
phone calls, emails, text messages, or photos) You Contacts (such as list of
contacts you supply to us or that we may collect from your device with your
permission) You
We may share the categories of Identifiers, Geolocation Information (coarse
location only), and Internet or Electronic Network Activity Information as
described above with advertising partners.
We determine the retention period for each of the categories of personal
information listed above based on (1) the length of time we need to retain the
information to achieve the business or commercial purpose for which it was
obtained, (2) any legal or regulatory requirements applicable to such
information, (3) internal operational needs, and (4) any need for the
information based on any actual or anticipated investigation or litigation.
Entities to whom we disclose information for business purposes are service
providers, which are companies that we engage to conduct activities on our
behalf. We restrict service providers from using personal information for any
purpose that is not related to our engagement.
We may disclose personal information that we collect or that you provide as
described in this privacy notice:
* To our Group Companies
* To the following categories of service providers who are bound by law and
contractual obligations to keep your personal information confidential.
Service providers may use information that we share with them only for the
purposes for which we disclose it to them and as otherwise permitted by law.
* Payroll services providers that assist us in calculating and disbursing
your salary and other compensation.
* Auditing and accounting firms, such as firms that assist us in the creation
of our financial records.
* Professional services consultants, such as firms that perform analytics,
assist with improving our business, provide legal services, or supply
project-based resources and assistance.
* Recruitment vendors that assist with the application process, including
assessing candidate qualifications and providing the platform through which
candidates submit their candidacy.
* Analytics services, including entities that analyze traffic to and on our
website and assist with identifying and communicating with potential
customers.
* Security vendors, such as entities that assist with security incident
verification and response, service notifications, and fraud prevention.
* IT vendors, such as entities that assist with website design, hosting and
maintenance; data and software storage; and network operation.
* To other external parties when required by law or to protect Freshworks or
other persons, as described in this privacy notice.
* To a buyer or other successor in the event of a merger, divestiture,
restructuring, reorganization, dissolution or other sale or transfer of some
or all of Freshworks’ assets or capital stock, whether as a going concern or
as part of bankruptcy, liquidation or a similar proceeding, in which personal
information held by Freshworks about our employees, workers and contractors
is among the assets transferred. If this happens, the recipient of the
personal information will continue to honor the promises made in this privacy
notice, or else provide you notice of any changes.
Your rights under the CCPA
Know and request access to and correction and deletion of personal information:
You have the right to request access to personal information collected about you
and information regarding the source of that personal information, the purposes
for which we collect it, and the third parties and service providers with to
whom we sell or disclose it. You also have the right to request in certain
circumstances that we delete personal information that we have collected
directly from you or correct information that we have collected about you.
Right to opt out of selling/sharing personal information: You have the right to
opt out of the sale of your personal information to, and the sharing of your
personal information with, third parties. Please note that the right to opt out
does not apply to our sharing of data with service providers, who are parties we
engage to perform a function on our behalf and are legally and contractually
obligated to use the data only for that function.
In case you would like to exercise this right please go here.
Right to limit the use and disclosure of sensitive personal information: You
have the right to limit the use and disclosure of sensitive personal information
that we use to infer characteristics about you. If you exercise this right, we
may still use and disclose sensitive information about you for limited purposes.
Colorado, Connecticut, Utah, and Virginia
Residents of the States of Colorado, Connecticut, Utah, and Virginia have the
following rights:
* Opt out of “sales” of personal information and use of their personal
information for “targeted advertising,” as those terms are defined under
applicable law.
* Opt out of “profiling” under certain circumstances, as defined under
applicable law. (Residents of Colorado, Connecticut, and Virginia only.)
* Confirm processing of and access to personal information under certain
circumstances.
* Correct personal information under certain circumstances. (Residents of
Colorado, Connecticut, and Virginia only.)
* Delete personal information under certain circumstances.
Residents of these states can exercise their rights by contacting us using one
of the methods listed below.
How to submit an opt-out, access or deletion request:
If you seek to exercise the foregoing rights to access, correct, or delete
Personal Information, please contact us at dpo@freshworks.com or write to
us here. We respond to all requests we receive from you wishing to exercise your
rights within a reasonable timeframe in accordance with applicable data
protection laws. By writing to us, you agree to receive communication from us
seeking information from you in order to verify you to be the consumer from whom
we have collected the Personal Information and such other information as
reasonably required to enable us to honor your request.
If you are a resident of California, Colorado, or Connecticut, you may, under
certain circumstances, authorize another individual or a business, called an
authorized agent, to make requests on your behalf. (Authorized agents in
California must be registered with the California Secretary of State.) The
request should include your contact information and describe your request with
sufficient detail that allows us to properly understand, evaluate, and respond
to it. In addition, you should provide sufficient information that allows us to
reasonably verify that you are the person about whom we collected the personal
information or an authorized representative of that person. In order to protect
the security of your personal information, we will not honor a request if we
cannot verify your identity or authority to make the request and confirm that
the personal information relates to you. The method used to verify your identity
will depend on the type, sensitivity, and value of the information, including
the risk of harm to you posed by any authorized access, correction, or deletion.
Generally speaking, verification will be performed by matching the identifying
information provided by you to the personal information that we already have.
Any disclosures we provide will only cover the 12-month period preceding receipt
of your request (and will not be made more than twice in a 12-month period). If
we cannot comply with a request, or cannot fully comply with a request, the
response we provide will also explain the reasons we cannot comply.
Appeals
Residents of Colorado, Connecticut, and Virginia have the right to appeal a
denial of their request by contacting us as described in the notice of denial.
9. LGPD
The LGPD grants control and self-determination to data subjects and provides
compliance responsibilities for organizations such as Freshworks in regard to
personal data whose data subject is located within Brazilian territory at the
moment of data collection or to any offering or providing of goods or service
for individuals located within Brazilian territory. The LGPD gives national
regulators powers to impose significant fines and indemnification liabilities on
organizations that breach this law. All content of this notice and Freshworks’s
processing of personal data are in strict compliance with LGPD, where
applicable. At Freshworks we take a global approach to ensure all members
benefit from increased control and clarity, which is in line with our commitment
to putting our Customers first and working every day to maintain the trust they
put in us.
LGPD grants the following rights to those individuals subject to its
jurisdiction:
Confirmation of data processing and access You have the right to know and have
access to the data we process about you. Data correction You have the right to
request a correction of any incomplete, inaccurate or outdated data of yours
that we process. Anonymization, blocking or deletion You have the right to
request anonymization, blocking or elimination of unnecessary or excessive data
or of any data being processed contrary to the law. Data portability You have
the right, in certain circumstances, to reuse the Personal Data you have
provided to us elsewhere or to ask us to transfer it to your chosen third party.
Information on data sharing You have the right to be informed about the public
and private entities with which we may share your Personal Data. Withdraw
Consent
* If we have collected and processed your Personal Data with your consent, you
can withdraw your consent at any time, for all or part of the data.
Withdrawing your consent will not affect the lawfulness of any processing we
conducted prior to your withdrawal, nor will it affect processing of your
personal information conducted in reliance on lawful processing grounds other
than consent, in case which (as other applicable situations) you have the
right to know what data we can retain.
* You also have the right to know what the consequences of you withdrawing
consent will be (for example, if it will prevent you from receiving a
service).
File a complaint You have the right to file a complaint with a supervisory
authority about our collection and processing of your Personal Data. The
Brazilian data protection regulator is the Autoridade Nacional de Proteção de
Dados and contact details can be found at https://www.gov.br/anpd/pt-br.
10. OPTING OUT PROCEDURE
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and
the Swiss-U.S. DPF, Freshworks commits to resolve DPF Principles-related
complaints about our collection and use of your personal information. EU and
UK individuals and Swiss individuals with inquiries or complaints regarding our
handling of personal data received in reliance on the EU-U.S. DPF and the UK
Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact
Freshworks at: support@freshworks.com.
If you no longer wish to receive marketing communications from Freshworks, you
may click on the “unsubscribe” link located on the bottom of our marketing
emails or you can contact us at support@freshworks.com. When using our Mobile
Applications, you also have the option to turn off push notifications.
If you would like to object to the use of your Personal Data for analytics, you
can contact us at support@freshworks.com
To opt out of the use of cookies, please see update your preferences here.
11. OTHER COMMUNICATIONS
If you are our Customer, we will send you announcements (email or in product
notifications related to the Services) on occasions when it is necessary to do
so. For instance, if our Services are temporarily suspended for maintenance, we
might send you an e-mail. Generally, you may not opt-out of such communications
as they are a key part of delivering our Services to you effectively. If you do
not wish to receive them, you may deactivate your Account.
12. RETENTION OF PERSONAL DATA
We will retain Personal Data only as long as is necessary for the purposes for
which it is collected, as set out in this Notice. We will also retain it as
necessary to comply with our legal obligations, for legal and litigation
purposes, to maintain accurate financial and other records, deal with
complaints, and enforce our agreements.
Generally, in respect of Personal Data that we process in connection with the
supply of our Services, we may retain your Personal Data for up to six years
from the date of supply of the relevant Services and in compliance with our data
protection obligations. We may then destroy such files without further notice or
liability.
Where we process any other Personal Data, we will generally retain relevant
Personal Data for up to three years from the date of our last interaction with
you (and in compliance with our data protection obligations). We may then
destroy such files without further notice or liability.
If any Personal Data is only useful for a short period (e.g., for a specific
activity, promotion or marketing campaign), we will not retain it for longer
than the period for which it is used by us. If you have opted out of receiving
marketing communications from us, we will need to retain certain Personal Data
on a suppression list indefinitely so that we know not to send you further
marketing communications in the future. However, we will not use this Personal
Data to send you further marketing unless you subsequently opt back in to
receive such marketing.
Should you apply to work for us, we will retain data from your application for a
limited period for record keeping and legal purposes. We may (subject to the
laws in your jurisdiction) also retain your data in order to contact you if a
role arises for which we think you would be suitable. Further information about
this will be provided during the application process and we will ask for consent
where necessary according to local law.
The above examples may vary in some cases due to local laws, liability periods
and mandatory retention requirements. For example, if certain information needs
to be retained for longer according to local laws, regulations or because
different legal limitation periods apply, then we will keep the Personal Data
for these longer periods.
13. LINKS TO THIRD PARTY SITES
Our Websites contain links to other websites that are not owned or controlled by
Freshworks. Please be aware that we are not responsible for the privacy
practices of such other websites or third parties. We encourage you to be aware
when you leave our Websites and to read the privacy policies of each and every
website that collects Personal Data.
14. GOOGLE API DISCLOSURE
Freshworks has developed a functionality that allows its customers to connect
their Gmail mailbox using Oauth with our products. Connecting your Gmail
mailbox to your Freshworks account allows Freshworks to associate your account
with your personal information on Google, to see your personal information,
including any personal information you have made available, to view your email
address and access your emails in order to create them as a ticket in our
products, and to transmit the Customer data to third-party applications listed
on Freshworks’ Marketplace that you integrate with your Account. The connection
will further allow you to respond to your emails directly from our product and
to delete them once they are fetched into our product.
Google Workspace APIs are not used to develop, improve, or train generalized AI
and/or ML models.
Freshworks's use of information received from Google APIs will adhere
to Google API Services User Data Policy's App's, including the Limited Use
requirement.
15. CHILDREN'S PERSONAL DATA
Freshworks does not knowingly collect any Personal Data from children under the
age of sixteen. If you are under the age of sixteen, please do not submit any
Personal Data through our Websites or Services. We encourage parents and legal
guardians to monitor their children’s Internet usage and to help enforce this
Notice by instructing their children never to provide Personal Data through our
Services or Websites without their permission. If you have reason to believe
that a child under the age of sixteen has provided Personal Data to us through
our Websites or Services, please contact us using the details in section 18 and
we will endeavor to delete that information and terminate the child's account
from our databases.
16. AMENDMENTS
Amendments to this Notice will be posted to this URL and will be effective when
posted. If we make any material changes, we will notify you by means of a
conspicuous notice on this Website or via e-mail or via in-product notification,
but we encourage you to review this Notice periodically to keep up to date on
how we use your Personal Data. You should frequently visit this Notice to stay
fully informed. Your continued use of our Websites or the Service(s) following
the posting of any amendment, modification, or change to this Notice shall
constitute your acceptance of the amendments to this Notice. You can choose to
discontinue use of the Websites or Service(s), if you do not accept the terms of
this Notice, or any modified version of this Notice.
17. EFFECT OF MERGER OR ACQUISITION
In the event Freshworks goes through a business transition, such as a merger or
acquisition by another company, or sale of all or a portion of its assets,
Customers’ Accounts, Collected Data and Customer data will likely be among the
assets transferred. A prominent notice will be displayed on our Websites to
notify you of any such change in ownership or control and Customers will be
notified via an e-mail.
18. CONTACTING FRESHWORKS
If you have any questions about this Privacy Notice or our privacy practices,
you can contact us at dpo@freshworks.com or via postal mail at
Freshworks Inc., 2950 S.Delaware Street, Suite 201, San Mateo, CA 94403 at the
attention of the Data Protection Officer with a copy to dpo@freshworks.com.
ANNEX 1 – DEFINITIONS
"Controller", "Data Subject", "Personal Data
Breach", "Processor" and "Process" shall have the meaning given to them in the
GDPR or other applicable law.
“Account”: means any accounts or instances created by or on behalf of Customer
for access to and use of any of the Service(s).
“Affiliate”: means, with respect to a Freshworks entity, any entity that
directly or indirectly controls, is controlled by, or is under common control
with such Freshworks entity, whereby “control” (including, with correlative
meaning, the terms “controlled by” and “under common control”) means the
possession, directly or indirectly, of the power to direct, or cause the
direction of the management and policies of such person, whether through the
ownership of voting securities, by contract, or otherwise.
“API”: means the application programming interfaces developed, enabled by, or
licensed to Provider that permits a User to access certain functionality
provided by the Service(s).
“Apps”: mean the software applications listed on the Market Place which are
created, developed, licensed, or owned by third-party developers. The term also
includes any updates, upgrades and other changes to such software applications
and versions thereof.
“Documentation”: means, the then-current, generally available user documentation
provided by Freshworks detailing the functionalities of the Software and the
Services.
"GDPR" shall mean the Regulation (EU) 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of natural persons with regard to
the Processing of personal data and on the free movement of such data, and any
legislation relating to the processing of personal data effective in the UK
and/or Switzerland that is intended to replicate or maintain some or all of the
provisions, rights and obligations set out in Regulation (EU) 2016/679, as
relevant.
“LGPD” means “Lei Geral de Proteção de Dados Pessoais”, which corresponds to the
Brazilian data protection law no. 13.709/2018.
“Market Place”: means an online marketplace for Apps that interoperate with the
Service(s). Its Website(s) is https://www.freshworks.com/apps/.
“Mobile Applications”: mean the software applications created, developed, and
owned by Freshworks to enable access and use of the Service(s) through mobile or
other handheld devices (such as apps on iOS or Android devices).
"Personal Data" means, data relating to an individual who is or can be
identified either from the data or from the data in conjunction with other
information that is in, or is likely to come into, the possession of the data
controller (as defined under applicable data protection laws).
“Processing”/“To Process”: means any operation or set of operations which is
performed upon Personal Data, whether or not by automatic means, such as
collection, recording, organization, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, blocking, erasure or
destruction.
“Customer Data": means all electronic data, text, messages or other materials,
including, without limitation, Personal Data of Users and End Users, submitted
to the Services by Customer or its Users through Customer’s Account in
connection with Customer’ use of the Services.
“Service(s)”: means, the Freshworks software-based service offerings identified
on the SOF and any Updates, including any Software, API or Documentation made
available by Freshworks with such offering, but excludes any applications or
APIs separately provided by third parties.
“Software”: means the generally available software provided by Freshworks in
connection with Customer’s use of the Services, and includes Mobile Apps, but
excludes any applications or APIs that are provided by third parties.
“User”: means, any individual who is authorized by Customer to use the Services,
including an Account administrator, employees, consultants, contractors, and
agents of Customer or its Affiliates, and third parties with which Customer or
its Affiliates transact business.
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