YOUR PRIVACY IS IMPORTANT TO US
2.1. Any Service provided by CRAMMUT is purely voluntary. You are not required to provide any personal information to us unless you choose to access features of the Service that require such information. If you do not agree with the terms of this policy or CRAMMUT’s General Terms and Conditions related to the Service, then please do not provide us with personal information, exit the Applications immediately, and refrain from using the Service.
4. RIGHTS TO ACCESS, RECTIFICATION OR ERASURE, RESTRICTION AND OBJECTION, OF PROCESSING
4.1. You have the right to access, rectification, opposition, erasure (“right to be forgotten”), and right to restriction of processing of your personal data by directing any such requests to CODE PRISMA, S.L. (with Tax Identification Number ESB98821358) registered at address Calle Espinosa, 8, despacho 202, 46008, Valencia, Spain, as stated in the Help Centre articles. In order to make things easier for you, and without prejudice to the legal requirements CRAMMUT must comply with under the laws, CRAMMUT allows you to exercise the above-mentioned rights by filling the contact form via the “Contact us” page. Send a request via https://crammut.com/contact-us/.
5. PERSONAL INFORMATION ABOUT USERS AND RESPONDENTS
CRAMMUT is used by CRAMMUT “Admin Users” and “Chief Teams” and by CRAMMUT “Users”. The information we receive from Admin Users, Chief Teams and Users and how we handle it differs, as set out below.
5.1. CRAMMUT ADMIN USERS
As an Admin User, we collect information relating to you and your use of our Services from a variety of sources:
(i) Information we collect directly from the Admin User
a) Registration information: information you provide to us when you register for an account.
b) “My Account” settings: you can view and edit various preferences and personal details on “My Account” settings. For example, your name, your job title, your default language and time zone and your registered email and password.
c) “My Company” settings: you can view and edit various preferences and personal details on “My Company” settings. For example, your company name and whether if you enable invitations or not.
d) CRAMMUT data: We store your CRAMMUT data (learning paths, tasks and rating) for you.
e) Plan + Billing info: we store information about your Plan. If you subscribe to a paid plan, we require you to provide your billing details.
f) Other data you want to share: We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or when running a contest with CRAMMUT.
(ii) Information we collect about the Admin User indirectly or passively when interacting with us
a) Usage data: CRAMMUT collects usage data about Admin Users whenever they interact with our services, including information they have elected to make publicly available.
b) Device and application data: CRAMMUT collects data from the device and application the Admin User uses to access our services, such as the IP address and browser type. We may also infer the geographic location based on the Admin User IP address.
c) Referral data: if the Admin User arrives at a CRAMMUT website from an external source (such as a link on another website or in an email), we record information about the source that referred the Admin User to us.
d) Information from third parties: CRAMMUT may collect Admin User personal information or data from third parties if the Admin User gives permission to those third parties to share such information with others or the data is extracted from publicly accessible sources.
For example, CRAMMUT may share minimal service data with a select third-party for data enrichment purposes, provided that Admin User has given prior permission to those third parties to share such information with other parties (i.e. CRAMMUT may share Users’ email addresses with a third party to obtain some information like company name, etc.) or it comes from publicly accessible sources like social media profiles. Enriching data allows us to analyse a deeper subset of data from which we may present personalized content. Prior to sharing data with any data enrichment vendor, CRAMMUT signs the corresponding Data Protection Agreement with the vendor to ensure that the data is adequately protected, that it has been lawfully obtained by vendors enabling CRAMMUT to use such data in connection with the Services and to ensure vendors adopt adequate security controls.
5.2 CRAMMUT USERS
As a User, when you complete a learning path hosted by CRAMMUT, we collect, on behalf and upon instructions of CRAMMUT’s Users, information relating to you and your use of our services from a variety of sources:
(i) Information we collect directly from the User: CRAMMUT’s learning paths
When joining the platform you may provide personal information or data. Please note that CRAMMUT is not responsible for the content of that learning path, so if you have any questions about a learning path you are taking, please contact the CRAMMUT Admin User directly.
(ii) Information we collect about the User from other sources on behalf of CRAMMUT’s Users
a) “My Account” settings: you can view and edit various preferences and personal details on “My Account” settings. For example, your name, your job title, your default language and time zone and your registered email and password.
b) Usage data: on behalf of CRAMMUT Admin Users, CRAMMUT collects usage data about Users whenever they interact with our services.
c) Device and application data: on behalf of CRAMMUT Admin Users, CRAMMUT collects data from the device and application the Respondent uses to access our services, such as, among other, the IP address, browser type and operating system. We may also infer the geographic location based on the Respondent IP address.
d) Referral data: on behalf of CRAMMUT Admin Users, CRAMMUT records information about the source that referred the Respondent to a crammut (i.e. a link on a website or in an email).
(iii) CRAMMUT’s obligations as data processor when processing Users’ data on behalf of Admin Users
When CRAMMUT is processing Users’ Data on behalf of Admin Users, the Admin User who creates the company accound and the learning paths is the Data Controller in relation with the data of Users completing and rating such learning paths, and CRAMMUT is the Data Processor of such User data (hereinafter, Admin User shall be referred to as the “Data Controller” and CRAMMUT as the “Data Processor”).
For the processing of Users’ data on behalf of the Data Controller, the Data Processor undertakes to fulfil the following obligations:
a) To treat the personal data only to carry out the provision of the contracted Services, in accordance with the instructions given in writing, at any time, by the Data Controller (unless there is a legal rule that requires complementary processing, in such a case, the Data Processor will inform the Data Controller of that legal requirement prior to the processing, unless the Law prohibits it on public interest grounds).
b) To maintain the duty of secrecy with respect to the personal data to which the Data Processor has access, even after the termination of the contractual relationship, and to ensure that their employees have committed in writing to maintain the confidentiality of the personal data processed.
c) To ensure, taking into account the available technology, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risks of varying probability and severity for the rights and freedoms of natural persons, that they will apply adequate technical and organizational measures to ensure a level of security appropriate to the risk, including, where appropriate, among other things:
-The pseudonymisation and encryption of personal data;
-The ability of ensuring the continued confidentiality, integrity, availability and resilience of the systems and services ;
-The ability of restoring the availability and access to personal data quickly in the event of a physical or technical incident;
-A process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures in order to ensure the safety of the processing.
When evaluating the adequacy of the security level, special account shall be taken of the risks presented by the data processing, in particular as a consequence of the destruction, loss or accidental or unlawful alteration of the personal data transmitted, stored or otherwise processed, or the communication or unauthorized access to such data.
In the event that the implementation of specific and concrete security measures is needed, those measures will be added to this Agreement by means of an Annex.
d) To keep under their control and custody the personal data to which they have access in relation with the provision of the Service, and to not disclose them, neither transfer or otherwise communicate them, not even for their preservation, to persons unrelated with the provision of the Service covered by this Agreement.
However, the Data Controller may authorize, expressly and in writing, the Data Processor to use another data processor (hereinafter, the “Subcontractor”), whose identification data (full company name and fiscal identification number) and subcontracted services must be communicated to the Data Controller, prior to the provision of the service, at least with one (1) month in advance. The Data Processor will also inform the Data Controller of any change envisaged in the incorporation or substitution of the Subcontractors, giving thus to the Data Controller the opportunity to object such changes.
In case of making use of the power recognized in the previous paragraph, the Data Processor is obliged to transfer and communicate to the Subcontractor the whole obligations that for the Data Processor derive from this Agreement and, in particular, the provision of enough guarantees that he will apply appropriate technical and organizational measures, so that the processing complies with the applicable regulations.
In any case, access to the data made by natural persons who render their services to the Data Processor, acting within the organizational framework of the latter by virtue of a commercial and non-labour relationship, is authorized. In addition, access to the data is granted to companies and professionals that the Data Processor has hired in their internal organizational framework in order to provide general or maintenance services (computer services, consulting, audits, etc.), as long as such tasks have not been arranged by the Data Processor with the purpose of subcontracting with a third party all or part of the Services provided to the Data Controller.
e) To delete or return to the Data Controller, at their choice, all personal data to which they have had access in order to provide the Service. Likewise, the Data Processor undertakes to delete the existing copies, unless there is a legal rule that requires the preservation of the personal data. However, employees and other personnel working for the Data Processor are entitled to access Users and Respondents data as required to carry out their obligations under the terms of their contract.
f) To notify the Data Controller, without undue delay, of any personal data security breaches of which he or she is aware, giving support to the Data Controller in the notification to the Spanish Data Protection Agency or other competent Control Authority and, if applicable, to the interested parties of the security breaches that occur, as well as to provide support, when necessary, in the carrying-out of privacy impact assessments and in the prior consultation to the Spanish Data Protection Agency, where appropriate, as well as to assist the Data Controller so they can fulfil the obligation of responding the requests to exercise certain rights.
g) To bring, in writing, a record of all categories of processing activities performed on behalf of the Data Controller.
h) To cooperate with the Spanish Data Protection Agency or with other Control Authority, at its request, in the fulfilment of its power.
i) To make available to the Data Controller the whole information necessary to demonstrate the fulfilment of the obligations established under this Agreement, as well as to allow and contribute to the performance of audits, including inspections, by the Data Controller or by a third party authorized by them.
If the Data Processor or any of his Subcontractors violates this Agreement or any regulation when determining the purposes and means of the processing, they shall be held responsible for such processing. Furthermore, if such Subcontractors are based in countries which do not have a legislation on data protection which is equivalent to the EU legislation (“Third Countries”), Data Processor shall establish all safeguards required by the EU legislation in order to comply with all obligations arising from transfers of data to Third Countries, and shall promptly inform Data Controller about such safeguards if so requested.
6. PURPOSES AND LEGITIMATE BASIS OF THE USE AND SHARING INFORMATION
PURPOSES OF PROCESSING
6.1. We use the information we collect from you to perform the services requested in connection with the “CRAMMUT Account” selected for the purposes described in the General Terms and Conditions.
6.2. We also use your information to review, investigate and analyze how to improve the services provided. We may also collect and analyze your data to monitor, maintain and improve our services and features.
6.3. We may internally perform statistical and other analysis on information we collect (technical and metadata) to analyze and measure user behaviour and trends, to understand how people use our services, in order to. Improve and optimize our performance of such services, and to monitor, troubleshoot and improve our services, including to help us evaluate or devise new features.
6.4. We may use your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research and development purposes.
6.5. As described in the General Terms and Conditions, if you connect your CRAMMUT Account with a third-party platform, we may use the information that you make available through the applicable third-party platform and that the applicable third-party platform has made available to CRAMMUT, in accordance with the privacy or other settings that are applicable to your third-party platform account.
6.6. We’ll be sending you CRAMMUT product intro, tips and inspirational use cases and user stories by any means, including email and similar means of electronic communication like personalised advertisements as part of providing relevant content helpful to use our services effectively. In order to customize such information and commercial communications as much as possible, CRAMMUT may use statistical techniques that allow the creation of user profiles and data segmentation.
6.8. Your data is not disclosed to any third party except (i) for providing the services you requested and for which CRAMMUT collaborates with third parties, (ii) when we have your permission, (iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent or take action regarding illegal activities) or (iv) as otherwise required by law.
7. LEGITIMATE BASIS OF PROCESSING
CRAMMUT use of your data for the purposes described above is based on the following legitimate basis:
7.1 Users’ Data
If you are a User, we are entitled to use your data in order to fulfil our contractual obligations with you and, if you are acting on behalf of a legal person, we have a legitimate interest to use your data in order to maintain the relation with your company as a CRAMMUT client.
In addition, we are entitled by law to use your data for direct marketing purposes, in order to send you commercial communications related with CRAMMUT products or services which are similar to the Services, since legislation on data privacy recognizes direct marketing to clients as a legitimate interest of use of personal data, and legislation on information society services expressly allows CRAMMUT to send you commercial communications by electronic means, provided that they are related with products or services which are similar to the Services. In any case, you are entitled to ask us, now or at any moment, not to send you any commercial communications. If you don’t want us to send you commercial communications, you can do it, now or at any moment, by changing the communication preferences in your account settings page. Additionally, all commercial communications you might receive in the future, will include an easy and free-of-charge way for you to ask us not to receive further commercial communications.
7.2 Users’ Data
If you are a User, we are processing your data as Data Processor of the Admin User that invited you to join the platform and complete some learning paths, so we suggest that you read carefully the own privacy policies that such Admin User might have established for the use of your data as a User.
8.1 A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the CRAMMUT Service and that information helps us to understand your preferences and improve your experience.
9. CANCELING YOUR ACCOUNT, OPTING OUT OF EMAIL, AND MODIFYING PERSONAL INFORMATION
9.1 You may cancel your account and you may opt out of receiving any emails from CRAMMUT at any time by changing the settings in your account settings page. Deleting your account will cause all the data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable your access to any other services that require a CRAMMUT account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).
9.2 You may modify your personal information by logging in and visiting your settings at “My Account” page and “Plan + Billing” page, following the instructions provided, or open a support ticket from our Help Centre.
9.3 We encourage you promptly to update your personal information when it changes. Information concerning your past behaviour with the Service may be retained by CRAMMUT as long as necessary for the purposes set out below.
10. RETENTION OF YOUR INFORMATION
10.1. We retain information for active CRAMMUT Accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the CRAMMUT General Terms and Conditions and take other actions permitted by law.
11. HOW TO CONTACT US
Send a request via https://crammut.com/contact-us/.
If you consider that any use of your data might breach any of your rights, you can lodge a complaint at any time by opening a support ticket from our Help centre or, alternatively, by filing a complaint before the Spanish Authority on Data Protection (Agencia Española de Protección de Datos) at www.agpd.es