Last Updated: Wednesday, January 18th, 2023
San Publisher Intelligence, LLP (d/b/a Spiny.ai) ("Company," "we," “Spiny.ai,” or "us") is committed to protecting the privacy of our customers, clients, and users of our website and services (collectively, "Users").
Data Privacy Officer:
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and process your personal data through your use of the Services, including any data you may provide through the Site, App or Platform when you are using our Services.
The Site, App and Platform are not intended for children and we do not knowingly collect data relating to children. Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA) and the FTC’s rule interpreting COPPA (16 CFR § 512). COPPA and its accompanying regulations protect the privacy of children using the internet. This Site is not directed to children and we do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.
The Data We Collect About You
Collection of Personal Information:
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may check the details you provide with fraud prevention agencies and share your information with them if we suspect fraud. It is important that you don’t provide false, inaccurate information or impersonate another individual.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, title, email address, mailing address or phone number.
- Contact Data includes billing address, residential or registered company address, email address and telephone numbers.
- Financial Data When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information.
- Profile Data includes your unique account reference number, actions or transactions made by you on the Platform, preferences, feedback, survey responses and other correspondence.
- Marketing and Communications Data includes your preferences in receiving marketing from us, and your communication preferences.
- We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature or the number of Service types that are purchased. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Third Party Platforms. We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that you viewed or interacted with our content. Other Information. We may collect other information from you that is not specifically listed here.
Use of Personal Information:
We may use personal information to provide and improve our services, to communicate with Users, to respond to inquiries and fulfill requests, and for other legitimate business purposes.
How is Your Personal Data Collected:
We use different methods to collect data from and about you including through:
You may give us your Identity, Contact and Financial Data by filling in forms, providing documentation or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Purchase or use our Site, App, Platform and Services;
- Create an account for our Platform or otherwise;
- Contact us to report a problem with the Site, App, Platform or Services, or for other purposes;
- Request marketing to be sent to you; or
- Give us some feedback.
Automated technologies or interactions.
As you interact with our Site and Platform, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
Third parties or publicly available sources.
We may receive personal data about you from various third parties and public sources as set out below:Technical Data from the following parties:
- analytics providers based outside the EU, including, but not limited to Hubspot, Apollo and Snowcat; and
- search information providers. Identity, Contact and Financial Data from third party resellers and affiliates through whom you register for the Services. Identity, Contact, Financial and Transaction Data from providers of technical, payment and delivery services. Identity and Contact Data from data brokers or aggregators. Identity and Contact Data from publicly available sources, such as the electoral roll.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we need to comply with a legal or regulatory obligation. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Type of data
|Lawful basis for processing including basis of legitimate interest
|To register you as a new Customer or User
|Performance of a contract with you
|To provide the Services to you including:
|To manage our relationship with you which will include:
|To administer and protect our business, the Site, App, Platform and Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
|Necessary for our legitimate interests (to study how Customers and Users use the Services, to develop them, to grow our business and to inform our marketing strategy)
|To use data analytics to improve our Site, App, Platform Services, marketing, customer relationships and experiences
|Necessary for our legitimate interests (to define types of Customers and Users for the Site, App, Platform and Services, to keep our Site, App and Platform updated and relevant, to develop our business and to inform our marketing strategy)
|To make suggestions and recommendations to you about Services or events that may be of interest to you
|Necessary for our legitimate interests (to develop the Services and grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Services and offers may be relevant for you and send to you through our marketing messages.
You will receive marketing messages from us if you have requested information from us or purchased Services from us and you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us or unsubscribing from our marketing list. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Service purchase, warranty registration, Service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Service providers who provide payment, marketing, IT and system administration services. Professional advisers including lawyers, bankers, auditors and insurers based within the US and EU who provide consultancy, banking, legal, insurance and accounting services. Regulators and other authorities based in the United States who require reporting of processing activities in certain circumstances, especially in the prevention of money laundering and fraud.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Some of our external third party suppliers are based outside the European Economic Area (“EEA”). Their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we endeavour to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the EEA and the US. For further details, see European Commission: EU-US Privacy Shield. If we cannot implement one of the safeguards listed above, we shall only transfer your personal data outside of the EEA if we have your fully informed, active, clear and specific consent, or it is necessary for the performance of our contract with you.
Where you are located outside of the EEA, we will still transfer your personal data to you as it is necessary for the performance of our contract with you to provide the Services.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for? We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you as this is no longer personal information.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
Access to information:
You have the right to request a copy of the information Spiny.ai holds about you.
Ensuring accuracy of information:
Spiny.ai wants to make sure that your personal information is accurate and up-to-date. You may ask Spiny.ai to correct or complete information that is inaccurate or incomplete.
Right to erasure:
You may have a right to erasure, which is more commonly known as the ‘right to be forgotten’. This means that in certain circumstances you can require Spiny.ai to delete personal information held about you.
Ability to restrict processing:
You may also have the right to require Spiny.ai to restrict Spiny.ai’s use of your personal information in certain circumstances. This may apply, for example, where you have notified Spiny.ai that the information Spiny.ai holds about you is incorrect and you would like Spiny.ai to stop using such information until Spiny.ai has verified that it is accurate.
Right to data portability:
You may have the right to receive personal data Spiny.ai holds about you in a format that enables you to transfer such information to another data controller (e.g. such as another service provider).
Review by an independent authority:
You will always have the right to lodge a complaint with a supervisory body, including ICO as listed above.
Preventing direct marketing:
Spiny.ai does not sell your personal data. From time to time, Spiny.ai may send emails containing information about new features and other news about us. This is considered direct marketing. Spiny.ai will always inform you if Spiny.ai intends to use your personal data or if Spiny.ai intends to disclose your information to any third party for such purposes.
Objecting to other uses of your information:
You may also have the right to object to Spiny.ai’s use of your information in other circumstances. In particular, where you have consented to Spiny.ai’s use of your personal data, you have the right to withdraw such consent at any time. If you would like further information on how you can exercise these rights, please email us at email@example.com.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.