1.1 The Policy covers all Personal Data in any form, including but not limited to electronic data, disks and paper documents and all types of processing, whether manual or automated, that is in Klaro's possession or under Klaro's control, in all geographical areas where Klaro operates. This will include information held about Klaro members, partners, employees, contractors, consultants, clients, consumers, suppliers, business contacts and any third parties.
2.1 Klaro shall mean the entity processing the Personal Data.
2.2 Third-Party shall mean a third party or business Partner who receives from Klaro or who is granted access to or is otherwise entrusted with Personal Data on behalf of Klaro, for example suppliers, contractors, sub-contractors and other service providers.
2.3 Data Subject shall mean an identified or identifiable natural person whose Personal Data is being processed by Klaro.
2.4 Informed Consent shall mean any freely given specific and informed indication of the Data Subject’s agreement to the processing of his/her Personal Data, when required.
2.5 Personal Data shall mean any information enabling to identify a natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity. Data is considered Personal Data when it enables anyone to link said data to a natural person, even if the person or entity holding that information cannot make that link.
2.6 Sensitive Data (or Special Category of Data) shall include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
2.7 Personal Data relating to criminal convictions and offences are a subset of Personal Data, which due to their nature have been classified by law or by an applicable policy as deserving additional privacy and security protections.
2.8 Process / Processing shall mean any operation or set of operations that is performed upon Personal Data, whether or not by automated means, including but not limited to, collection, recording, organization, storage, access, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, deleting, erasure, or destruction, either by Klaro's software application(s), whether by Klaro or by Third Parties who perform services for or on behalf of Klaro, when applicable (“Application Data”) or through other means, such as Klaro’s website (“Process” shall be interpreted accordingly).
Personal Data is processed on the basis of legal grounds with the informed knowledge of the Data Subjects.
3.1 We will only use Personal Data on the basis of a legal ground:
3.2 We consider that it is important to assess the privacy risks before we collect, use, retain or disclose Personal Data, such as in a new system or as part of a new project.
3.3 Klaro will only Process Personal Data in the way described in its specific privacy notices or privacy policies and in accordance with any Informed Consent we may have obtained from the Data Subject.
3.4 Klaro will not carry out profiling activities based on automated decision making, unless legally grounded on a requirement of applicable law or the performance of a contract or the Data Subject's consent and provided that suitable safeguards are implemented to protect the Data Subjects rights.
3.6 Where legally required, we will ensure that Data Subjects are provided with relevant information concerning the processing of their Personal Data, unless there is an impossibility to provide such information or if it requires disproportionate efforts to provide such information. Such information will notably include the purposes of the Personal Data processing, the types of Personal Data collected (if the Personal Data have not been obtained directly from the data subject), the categories of recipients, the list of rights which may be exercised by the Data Subjects, the consequences of a failure to reply or provide Personal Data, the conditions of the transfer of Personal Data outside the European Economic Area (“EEA”), if any, and the mechanism used to protect the Personal Data in the event of a transfer, etc. This requirement may be satisfied by issuing a privacy notice to Data Subjects at the point where Personal Data are originally collected from them. Privacy notices shall be written in language which provides Data Subjects with a clear understanding as to how their Personal Data will be used.
4.1 Personal Data will only be collected and processed for specified, explicit and legitimate purposes (which could be multiple), complying with the Personal Data minimisation principle and ensuring the accuracy of the Personal Data processed.
4.2 Personal Data will not be further processed in a manner that is incompatible with those purposes.
4.3 We will ensure that the Personal Data we collect are relevant, adequate and not excessive in relation to the purpose of the Processing and its eventual use (e.g. insights, marketing, promotions). This means that only necessary and relevant Personal Data for the purpose sought can be collected and processed.
4.4 When collecting Sensitive Data or Personal Data relating to criminal convictions and offences, proportionality is fundamental. We do not collect Sensitive Data or Personal Data relating to criminal convictions and offences, unless required by applicable law or when allowed by applicable law with the Data Subject's prior express consent.
4.5 Every reasonable step will be taken to ensure that Personal Data is maintained in an appropriately accurate and up-to-date form at every step of Personal Data Processing (i.e. collect, transfer, storage and retrieval).
4.6 We encourage the Data Subjects to help us maintaining your Personal Data up to date by exercising your rights, notably of access and rectification.
Since employees, contractors, customers, suppliers, consumers and business partners put their trust in Klaro when they provide us with their Personal Data, Klaro ensures the security and confidentiality of the Personal Data it processes.
5.1 We protect any Personal Data collected, used, retained and disclosed to support our business activities by following the relevant usage, technical and organisational policies, standards and processes.
5.2 Industry standard technical and organisational measures are implemented to prevent against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access to Personal Data, or any other unlawful or unauthorised forms of Processing.
5.3 Where processing is to be carried out on behalf of Klaro, it will select service providers providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of applicable data protection laws and ensure the protection of the rights of the Data Subjects.
5.4 Klaro endeavors to take reasonable measures based on Privacy by design and Privacy by default as appropriate to implement necessary safeguards when Processing Personal Data. Klaro will thus implement technical and organisational measures, at the earliest stages of the design of the Processing operations, in such a way that safeguards privacy and data protection principles right from the start (‘Privacy by design’). By default, Klaro should ensure that Personal Data is processed with privacy protection (for example only the data necessary should be processed, short storage period, limited accessibility) so that by default Personal Data is not made accessible to an indefinite number of persons (‘Privacy by default’).
5.5 When Personal Data Processing is likely to result in a high risk to the rights and freedoms of Data Subjects, we will carry out a privacy impact assessment or “Personal Data impact assessment” prior to its implementation.
6.1 Any person or entity handling Personal Data for Klaro will keep it only for as long as it is necessary for the purpose for which it has been collected and processed (and other compatible purposes) which may include:
6.2 Personal Data is retained and destroyed in a manner consistent with applicable law and in accordance with Klaro Data Retention Policy.
We are receptive to queries or requests made by Data Subjects in connection with their Personal Data and, where required by law, we provide Data Subjects with the ability to access, correct, restrict and erase their Personal Data as set forth by applicable law. We also allow them to oppose the Processing of their Personal Data, and to exercise their right to portability.
7.1 Access right: We will provide access to all Personal Data related to a Data Subject as required by law, to the purposes of the Processing, categories of Personal Data processed, categories of recipients, data retention term, rights to rectify, delete or restrict the Personal Data accessed if applicable, etc.
7.2 Right to portability: We may also provide a copy of any Personal Data that we hold in our records in a format compatible and structured to allow the exercise of right to data portability to the extent it is relevant under applicable law.
7.3 Right to rectification: Data Subjects can request that we correct, amend, erase, any Personal Data which is incomplete, out of date or inaccurate.
7.4 Right to erasure: Data Subjects can request the deletion of their Personal Data (i) if such Personal Data is no longer necessary for the purpose of the data processing, (ii) the Data Subject has withdrawn his/her consent on the Processing based exclusively on such consent, (iii) the Data Subject objected to the Processing, (iv) the Personal Data Processing is unlawful, (v) the Personal Data must be erased to comply with a legal obligation applicable to Klaro. Klaro will take reasonable steps to inform the other entities of such erasure.
7.5 Right to restriction: Data Subjects can request the restriction of their Personal Data (i) in the event the accuracy of the Personal Data is contested to allow Klaro to check such accuracy, (ii) if the Data Subject wishes to restrict the Personal Data rather than deleting it despite the fact that the Processing is unlawful, (iii) if the Data Subject wishes Klaro group to keep the Personal Data because he/she needs it for his/her defence in the context of legal claims (iv) if the Data Subject has objected to the Processing but Klaro conducts verification to check whether it has legitimate grounds for such Processing which may override the Data Subject's own rights.
7.6 Right to withdraw his/her consent: when the Personal Data Processing is based on Data Subject's consent, Data Subject may withdraw such consent at any moment, without affecting the lawfulness of Processing based on consent before its withdrawal.
7.7 Right to object: Data Subject can also indicate his/her objection to the Processing of his/her Personal Data at any time:
7.8 Digital legacy. Data Subjects have the right to define (general or specific) directives regarding the usage of their personal data after their death.
Data Subject has also the right to lodge a complaint with the competent Personal Data supervisory authority.
Personal Data is only disclosed outside Klaro where there is an overarching legal justification to do this.
8.1 Disclosure is made on a strictly limited 'need to know' basis where there is clear justification for transferring Personal Data - either because the Data Subject has consented to the transfer or because disclosure is required to perform or reach an agreement, or for a legitimate purpose that does not infringe the Data Subject's fundamental rights, including the right to privacy (e.g. sharing in the context of a merger and acquisition operation). In each case the Data Subject will be aware that the disclosure is likely to take place. Assurances will also be sought from the recipients that they will only use the Personal Data for legitimate/authorised purposes and keep it secure.
8.2 If necessary and relevant, Personal data can be disclosed:
Klaro's main providers, where applicable, are:
Klaro may also disclose Personal Data to the extent required by law and/or competent authorities.
8.3 If a particular disclosure is required to meet a legal obligation (for example to a government agency or police force / security service) or in connection with legal proceedings, generally the Personal Data may be provided as long as the disclosure is limited to that which is legally required and, if permitted by law, the Data Subject has been made aware of the situation (i.e. the Data Subject was told of the possibility of such an event in an Informed Consent or is notified at the time of the request for disclosure).
8.4 Klaro's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
Personal Data originating from those Klaro entities operating within the EU will not be transferred outside the EEA to a third country which does not ensure an adequate level of protection unless appropriate safeguards are implemented in accordance with applicable laws.
9.1 International Personal Data transfer is a very sensitive topic and is taken seriously before transferring any Personal Data from its EEA country of origin to another non-EEA country, whether such transfer is done for technical purposes (e.g. storage, hosting, technical support, maintenance) or the main purposes (e.g. centralisation of client’s database management).
9.2 We never carry out international transfers of Personal Data from an EEA country to another non-EEA country without ensuring that appropriate transfer mechanisms as required by applicable data protection laws are in place, to ensure adequate protection of the data when transferred (e.g. adequacy decision, signature of EU Commission Standard Contractual Clauses as appropriate).
10.2 Data Subjects are informed that they can complain about privacy issues:(i) by writing an email to Klaroat the email address above mentioned
Data Subjects are also informed that they may file a complaint with a supervisory authority.
10.4 Data Subjects protected by the Children's Online Privacy Protection Act (COPPA) that have questions or concerns about this Policy can also send an email to the iKeepSafe Safe Harbor program dedicated consumer complaint email address as follows: COPPA@ikeepsafe.org.