Showpad Privacy Principles (Last update 23 January 2020)
Showpad NV / Showpad inc. (“Showpad”) operate, exploit and maintain certain SaaS Products and Services (“Products and Services”) for and on behalf of Showpad customers’ use and benefit.
These Showpad Privacy Principles wish to explain what processing activities are taking place in respect of information relating to individuals (as being an identified or identifiable natural person) (“Personal Data”) when such individual (the “Data Subject”) is interacting, directly or indirectly (e.g. through an integration or through a software client), with the Products and Services and/or certain content of the Showpad Customer managed thereon (see FAQ B7.).
These Showpad Privacy Principles do NOT apply in situations other than explained above, or in the specific situations where the Showpad Privacy Policy applies (showpad.com/privacy-policy).
These Showpad Privacy Principles are always subject to i) the terms of the Agreement between Showpad and the Showpad Customer, as well, ii) the applicable polic(y)(ies) of the Showpad Customer (e.g. as being Your employer, the applicable Showpad Customer Privacy Policy, …) (“Customer Policy”) that apply to Your interaction with the Products and Services and/or certain Customer Content managed thereon (see FAQ A2.).
Showpad may change these Privacy Principles at any time, and all such changes are effective immediately upon posting a revised version of these Privacy Principles on the Showpad website. You should review these Privacy Principles often to stay informed of changes that may affect You. Your Interactions constitute Your continuing agreement to these Privacy Principles, as they are amended from time to time.
A. General
As GDPR currently is the most advanced and elaborate data protection legislation in the world, Showpad uses GDPR as its main benchmark for its companywide privacy program.
Seeing the global activities of Showpad, it goes without saying that with these Privacy Principles, in addition to GDPR, also want to take into account the principles of other applicable data protection legislations (such as the California Consumer Privacy act of 2018, the UK Data Protection act 2018, or, the Swiss Data Protection act).
The principles of such other data protection legislations have either already been incorporated through GDPR (in most of the cases) or either have specifically been added to these Privacy Principles.
Showpad is acting as “Processor” / “Service Provider” in respect of the operation of the Products and Services and not as data controller (see FAQ B12), which means that the Customer Policy shall always have priority over these Privacy Principles.
In no way do these Privacy Principles or the publication thereof mean that Showpad is taking up a role as data “Controller” under these Privacy Principles or taking up additional liabilities or responsibilities than as legally applicable between a controller and processor.
The publication of, or getting acceptance against, the Customer Policy (or absence thereof) occurs solely under the responsibility of the Showpad Customer.
Where the Data Subject already has accepted the Customer Policy (or where such (updated) Customer Policy subsequently becomes applicable) that cover Your interaction, directly or indirectly (e.g. through an integration or through a software client), with the Products and Services and/or certain Customer Content managed thereon, the Customer Policy shall apply instead of these Privacy Principles.
These Privacy Principles are being provided under the responsibility of the Showpad Customer, who is acting as data “Controller” for the processing activities covered under these Privacy Principles (see FAQ B12).
These Privacy Principles do NOT apply in situations other than explained above or in situations where the Showpad Privacy Policy applies (www.showpad.com/privacy-policy) (Showpad acting as data “Controller”, including in respect of Showpad’s use of its own Products and Services).
B. Showpad organistion
Organisational initiatives include: Dedicated privacy website & FAQ’s in respect of the Showpad privacy program: www.showpad.com/gdpr-information-hub/ and www.showpad.com/gdpr Data protection officer (DPO): Showpad has appointed a qualified data protection officer who supervises the entire data privacy program at Showpad and works in close conjunction with the Showpad Information Security Manager. The data protection officer is registered with the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/). Vetting by Showpad of its vendors & subprocessors: Each vendor to Showpad is vetted by Legal, Infosec and the Showpad DPO in the areas of security, contractual terms and privacy related matters (e.g. data processing agreements, and applicable transfer mechanisms (e.g. EU standard contractual clauses / Privacy Shield)). Special attention is given to subprocessor that are acting as subprocessor with regard to the Products and Services. Contractual documents / privacy policies: Our contractual documents are state-of–the-art and contain the necessary provisions, including in respect of data processing agreements, end-to-end confidentiality, and privacy policies (meeting all necessary legal requirements). Privacy Shield certification: Showpad Inc. adheres to the EU-US Privacy shield, in order to facilitate and safeguard transfer of Personal Data to the US. ISO 27001 certification: The Products and Services are covered under the Showpad ISO 27001 certification Information security Management system (ISMS): Showpad has implemented an elaborate ISMS managing and following up on internal policies on data security.
Product related initiatives include: EU Data centres / US CDN opt out: Showpad’s principle hosting infrastructure is located within the EU at a first-class world-renowned hosting partner (AWS – 2 separate EU regions). CDN (Content delivery network) towards the Showpad US data centres can be switched off (AWS – US East region). Product engineering: All new product capabilities that are to be introduced within the Products and Services are vetted and checked for privacy compliance and follow three key cornerstones: (i) the GDPR principles of “privacy by design” and “privacy by default”, (ii) giving flexibility to both EU customers and non-EU customers to allow for localized application of the Products and Services – while (iii) keeping all changes as simple as possible. Elaborate privacy settings: The Products and Services provide for elaborate privacy settings allowing e.g. for a localized approach in a granular way or enabling/disabling tracking options. Self-Service Data Protection Agreement (DPA): To the extent the activities of the Showpad customer are covered by the material and territorial scope of an applicable data protection legislation (e.g. GDPR, CCPA, UK Data Protection Act, Swiss Data Protection act), such applicable data protection legislation may require that the processing of the personal data by the Showpad Products and Services is covered under a data processing agreement concluded between Showpad and its Customer. Showpad thereto makes available a complete DPA for self-execution via showpad.com/dpa that reflects the unique aspects of the Products and Services and containing all required specifics in order for the Showpad Customer to meet his legal obligations. 2. What security measures are used for the Products and Services? Showpad has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (a) the pseudonymisation and encryption of personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
Showpad shall thereto take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
While Showpad aims to implement industry-leading safeguards designed to protect Personal Data, we cannot guarantee that any Personal Data which was incidentally processed by the Showpad Customer (e.g. regulated or sensitive Personal Data, see FAQ’s B4 and B5) is maintained at levels of protection to meet specific needs or obligations the Showpad Customer may have relating to that type information.
The Showpad Information security program is covered under an ISO 27001 certification (see https://www.bsigroup.com/en-GB/our-services/certification/certificate-and-client-directory/), BSI certificate n° IS653767), as well as an ISAE3402 accreditation, and is audited on a regular basis by an external audit firm.
The Showpad Information security program is managed by the Showpad Information Security Team.
Showpad thereto makes available a complete DPA for self-execution via showpad.com/dpa that reflects the unique aspects of the Products and Services and containing all specifics – as required per the applicable data protection law – in order for the Showpad Customer to meet his legal obligations (e.g. standard contractual clauses).
Vie the URL www.showpad.com/dpa, you can access the e-signature platform where Showpad makes the DPA available for your review and possible execution.
D. Cookies
Cookie: a tiny data file that may be placed on Your Device when making use of the Products and Services that stores certain information and makes it available to the publisher of the cookie; Embedded scripts: programming code that is designed to collect information about your interactions with the Products and Services, such as the links you click on. The code is temporarily loaded onto your Device from a web server or a third-party service provider, and is active while your Devices is connected to the Products and Services. Web Beacons: Small graphic images (also known as “1×1 GIFs” or “clear GIFs”) that is designed to collect information about your interactions with the Products and Services, such as the emails you open. Web Beacons are temporarily loaded onto Your Device from a web server when making use of the Products and Services. 2. Do the Products and Services use Cookies or similar technology? The Cookies/Embedded scripts/Web Beacons used within the Products and Services enables certain features and functionalities of the Products and Services.
A Cookies/Embedded script/Web Beacons does not contain or collect information in isolation, but when read by a server via Your web browser or through the Products and Services, it can provide information to such server (e.g. to facilitate a more user-friendly service by registering users’ preferences, detect errors, account information, device identification, statistical data, …).
The SHOWPAD_SESSION cookie in the Prospect microsite environment, is optional and placing this cookie on an end user Device is dependent on i) the applicable privacy settings as determined by the administrator of the Showpad platform at our customers, and ii) the corresponding consent given (or not) by the Prospect in question to become subject to the profiling towards the Customer Content shared. If consent was provided, this cookie will be placed and has a validity period of 14 days, after which consent will be asked again to confirm continued tracking. Deleting this cookie restricts further processing of Personal Data of the Prospect in question.
Deleting or disabling a Cookie can be done by using the following options:
Web browser Most web browsers (e.g. Internet Explorer, Mozilla Firefox, Safari, and Google Chrome) have cookies automatically enabled. You can decide on whether and to what extent cookies will access Your end device by changing your browser settings.
Online assistance More information on cookies and the way to manage or refuse cookies per browser type (e.g. Internet Explorer, Mozilla Firefox, Chrome, Safari, …) can be found at https://www.allaboutcookies.org , https://www.aboutcookies.org or http://www.youronlinechoices.eu
Tools Certain tools (e.g. “Ghostery”, “Disconnect”, … ) may provide you with more granular options in order to manage cookies.
F. Rights of Data Subjects
Obtain access to and/or rectification of one’s Personal Data as processed by the Products and Services; Request to receive one’s Personal Data in a format at the discretion of the Showpad Customer (e.g. excel, .CSV file, via the Showpad API, …), that allows for the data portability of such data to a similar service; Withdraw one’s consent for processing of one’s Personal Data (be advised that such leaves unharmed and does not affect the prior lawful processing of one’s Personal Data, or the continuation of processing of (part of) Your Personal Data as allowed under an applicable legal ground (see FAQ B15) The restriction of processing of Your Personal Data under article 18 GDPR and/or right to object to the processing of Your Personal Data under article 21 GDPR. Please check the applicable data protection legislation for the ability to exercise such rights.
As Showpad is merely the data “Processor” (see FAQ B12) such rights need to be exercised towards the Showpad Customer, as being the data “Controller”. In order to exercise such rights, You may be required by the Showpad Customer to provide proof of Your identity by providing an official document (e.g. ID Card, driver’s license, …).
Should Showpad receive such request directly from You, Showpad can legally only pass such request on to the Showpad Customer. Showpad is legally not allowed to respond to such request, unless as instructed by the Showpad Customer.
From the moment it is established that the Data Subject request is related to a processing activity for which the Showpad Customer is data “Controller”, and to the extent the Showpad Customer is identified, Showpad shall pass on such request without undue delay to the respective Showpad Customer, in order for the Showpad Customer to respond to such request.
If You have an unresolved complaint, You always have the right to log a complaint with the competent “data protection authority”. Information on the competent data protection authority and the way of logging a complaint can be found here (or the URL as updated by the European Commission).
Showpad NV, located in Belgium, acts as so-called:
“main establishment” in the EEA under GDPR. “representative“ in line with section 27 GDPR for and on behalf of Showpad Inc. As a result, the competent Data Protection Authority for Showpad NV is the Belgian DPA (Drukpersstraat 35, 1000 Brussel / +32 (0)2 274 48 00 / contact@apd-gba.be / https://www.dataprotectionauthority.be/).
Showpad has appointed a data protection officer for the whole Showpad Group who can be contacted at “Office of the Data Protection Officer – Showpad NV – Moutstraat 62 – 9000 Gent (Belgium)” or privacy@showpad.com.
E. EU–US Privacy Shield
On July 12, 2016, the European Commission, through the “Commission implementing decision (EU) 2016/1250”, has accepted that the EU-U.S. Privacy Shield ensures an adequate level of protection for Personal Data transferred from the EEA to organisations in the United States, to the extent covered under the EU-U.S. Privacy Shield. To learn more about the Privacy Shield program, please see https://www.privacyshield.gov/Program-Overview.
Until further notice, the EU-U.S. Privacy Shield is deemed adequate to provide safeguards for transfers taking place from the UK towards a US Recipient, please see https://www.privacyshield.gov/article?id=Privacy-Shield-and-the-UK-FAQs
Showpad Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles, resulting in the fact that personal data originating from within the EEA as well as the United Kingdom may legally be exported to Showpad Inc. under this basis.
If there is any conflict between the terms in these Privacy Principles and the EU-U.S. Privacy Shield Framework, the EU-U.S. Privacy Shield Framework shall govern.
For purposes of enforcing compliance with the EU-U.S. Privacy Shield, Showpad Inc. is subject to the investigatory and enforcement authority of the US Federal Trade Commission.
To learn more about the Privacy Shield program, and to view the Showpad Inc. certification, please visit https://www.privacyshield.gov.
Transfer to third parties Where Showpad Inc., has received Your Personal Data in the United States and subsequently transfers that information to a third-party recipient (e.g. a subprocessor), and such third-party recipient processes Your personal data in a manner inconsistent with the Privacy Shield Principles, Showpad Inc. may be responsible under the Privacy Shield Principles to the extent Showpad Inc. is responsible for the event giving rise to the damage.
Binding arbitration You may also have the option to select binding arbitration for the resolution of Your complaint under certain circumstances. To find out more about the Privacy Shield’s binding arbitration scheme please see https://www.privacyshield.gov/article?id=ANNEX-I-introduction.