Terms of Services
Welcome to clickanalytic.com. This is an Agreement between you and Click Analytic SARL with registered office 6 Chemin Edouard-Tavan, 1206, Geneva, Switzerland (hereinafter – “Click Analytic”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through clickanalytic.com (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services. Click Analytic is a search and analytics tool.
If you are an influencer, please see Click Analytic’s Influencer Privacy Notice in section 16, for details regarding Click Analytic’s collection and use (including sale) of publicly available information about influential individuals, including sharing of such publicly available information about influential individuals with Click Analytic’s business customers.
1. Agreement Acceptance
All of the terms of the Agreement apply without modification by you and together constitute legally binding terms between you and Click Analytic. By using or accessing the Site and/or Services, you understand and agree to abide by these Terms of Service whether on your own behalf or on behalf of a legal person you represent. If you are entering into these Terms on behalf of a legal person, you represent that you have the authority to bind the legal person and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to that legal person and its affiliates. If you do not agree, you may not use or access the Sites and Services.
The Service is controlled, operated and administered by Click Analytic from our offices in Switzerland. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
From time to time, Click Analytic may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
3. Your Use of The Services
Click Analytic provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must not obscure, alter, remove or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
4. Provision Of The Services
4.1. You understand and agree that Click Analytic may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that Click Analytic can disable access to Services for non-payment or other material breach of the Terms, you may be prevented from accessing your files or other content which is contained in Click Analytic Site or Services.
4.3. You acknowledge and agree that you are allowed to have multiple members under one account. Each member on the account must have their own unique username and details (login/email/personal info).
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are responsible for protecting any tokens, keys or passwords for Click Analytic Site and Services from unauthorized access. You will be held responsible for any activity that occurs under your tokens, keys or passwords. You are solely responsible for any and all activity that occurs on or through your tokens, keys or passwords. You agree to notify Click Analytic immediately of any unauthorized use of your tokens, keys, passwords or any other breach of security. Click Analytic may access your tokens, keys, passwords from time to time to provide You assistance with technical or billing issues or in order to maintain or improve the Services. We also reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
This privacy notice sets out the basis on which any Personal Data we collect from or about you, or that you provide to us, including through www.clickanalytic.com and any sub-domain thereof (“our website”), will be processed by us in accordance with applicable Data Protection Laws, provided that this privacy notice does not apply to information processed under Click Analytic’s Influencer Privacy Notice in Section 16. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
Our website is not intended for children, and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
6.2. Platform Users
If an organization with which you are associated (an “Organization”) signs up to use our Platform, we may receive Personal Data about you in connection with our provision of the Platform to your Organization. To the extent we process that Personal Data solely in order to provide the Platform to your Organization, under the GDPR, to the extent applicable, we will act as a processor (as defined in the GDPR) on behalf of your Organization in respect of that Personal Data; this privacy notice will not apply to the processing of that Personal Data and your Organization will act as a controller (as defined in the GDPR) in respect of that Personal Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by Applicable Law. To the extent we process your Personal Data for any other lawful business purpose of ours, under the GDPR, to the extent applicable, we will act as a controller of such Personal Data and this privacy notice will apply to the processing of such Personal Data. For clarification but not limitation, information we process for our legitimate business purposes, such as product development, sales and marketing, is not processed solely on behalf of your Organization. Notwithstanding the foregoing, and for the avoidance of doubt, with respect to transfer data processed by Click Analytic solely on behalf of a third-party controller (“Processed Transfer Data”), the provisions of this privacy notice specific to transfer data continue to apply in accordance with the General Data Protection Regulation EU 2016/679 (GDPR) but may be limited to working with the respective controller, given our role as a processor.
6.3. Legal Basis For Processing
We will only use your Personal Data to the extent that the law allows us to do so. Most commonly, we will use your Personal Data in the following circumstances:
- where processing is necessary for the performance of a contract to which you are subject or in order to take steps at your request prior to entering into a contract;
- where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests are to provide our website to you as a part of the service provided to your organization;
- where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal; and/or
- where we need to comply with a legal or regulatory obligation.
In this privacy notice the following words and phrases shall have the following meanings:
“Applicable Law” means (a) any law, statute, regulation, bylaw or subordinate legislation in force from time to time to which we are subject; (b) the common law and laws of equity as applicable to us from time to time; (c) any court order, judgment or decree which is binding on us; (d) any industry code, policy or standard which is applicable to us; (e) any applicable direction, policy, rule or order that is binding on us and that is made or given by any regulatory body having jurisdiction over us;
“Data Protection Laws” means any Applicable Law relating to the processing, privacy, and use of Personal Data, including but not restricted to (a) the General Data Protection Regulation (EU) 2016/679 (“GDPR“) and (b) any judicial or administrative interpretation of any such Applicable Law, and any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant regulatory or supervisory authority;
“Data” means information which is stored electronically, on a computer, or in certain paper-based filing systems;
“Personal Data” means any information relating to an identified or identifiable natural person (a “Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and where referred to in this notice includes special categories of Personal Data; and
“Platform” means our Influencer Tool including its features.
6.5. Information You Give Us
This is information about you that you give us through the use of the website and/or Platform (e.g. when you correspond with us by telephone, e-mail or otherwise, including when you report a problem with our website). The information you give us may include your name, address, e-mail address, phone number and social media username (or ‘handle’).
When you register your interest, download a free report, call us, or complete an online query in any way on this website we will retain this information in order to respond to your query and communicate with you. You can update this information at any time or opt out of receiving any further marketing communications. If you become a customer of Click Analytic we will need to continue to contact you for development, progress or performance related matters.
6.6. Information We Collect About You.
With regard to each of your visits to our website and/or Platform we will automatically collect, or will collect through a third party acting on our behalf, the following information:
- 6.6.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and your platform.
- 6.6.2 information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and any phone number used to call our customer service number.
We are working closely with, and receive Personal Data from third parties (such as business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies). For further details about these other sources please contact us using the details provided below.
6.7. Disclosure Of Your Information
You agree that we have the right to share your Personal Data with selected third parties including business partners, suppliers and sub-contractors in connection with our business, including without limitation to allow us to provide access to our website. Without limitation of the foregoing, we may share your Personal Data with professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
6.8. Information For Data Controllers
Important information for data controllers: you acknowledge that when processing personal data of individuals, you may become a data controller, and you must comply with GDPR.
If you are an individual and process personal data in the course of a purely personal or “household” activity, you may be exempt from the application of GDPR. If you are unsure whether this exemption applies, please, obtain legal advice.
If you are a legal person, you may become a data controller for the purposes of GDPR when you process personal data about natural persons. This is the case whether you obtain personal data through Us or through any other third party (for instance, if you manually compile your own database from Instagram). If GDPR applies to you, you hereby confirm that you and Us (the “Parties”): 1) each independently determines the purposes and means of the processing of personal data and acts as an independent controller; 2) the Parties do not jointly determine the purposes and means of the processing and do not act as joint controllers; 3) neither of the Parties processes personal data on behalf of the other Party and does not act as a processor; 4) each of the Parties shall independently take all necessary measures to comply with applicable data protection laws.
6.9. Collect Of Information
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
– “SalesIQ” track amount of time spent by a user in the site and pages visited.
6.10. Links to Third Party Sites
7. Charged Services
7.1. Certain features of the Site or the Services are associated with charges or fees (“Charged Services”). For use of such Service you may purchase access to the following plans
7.2. Subscription plan. All charges and fees are listed in EUR unless expressly identified otherwise. You agree to pay any applicable charges and fees associated with your use of the Services either by upfront yearly payment for the entire value of Subscription or in monthly installments.
7.3. To access the parts of the Services that are associated with charges and fees, you must provide requested details and follow applicable billing procedures. Billing procedures are subject to change at any time without prior notice to you. By providing a payment method, you represent that you are authorized to use the payment method you provided and that the information provided by you is true and accurate. Click Analytic accounts can be billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond Click Analytic control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. Click Analytic does not accept any liability for such loss. Click Analytic reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on monthly basis. Click Analytic may recover such payments due and in that case you will bear all the expenses related to such recovery or/and debt collection.
7.4. We accept the following forms of payment:
– American Express
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
8.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to Click Analytic. The data/content is based on publicly available data/content and Click Analytic does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent Click Analytic from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent Click Analytic from using certain data/content or providing it to you. You agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available in the Site and Services, and make effective use of the Services provided by Click Analytic as an analytical tool. You acknowledge that the Services are made available to you without any. By using the Services you understand and agree that your use of warranties of any kind the Services is at your sole discretion and risk.
8.2. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Click Analytic is not responsible for the availability of, or the materials located on or through, any External Sites.
8.3. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Click Analytic shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
8.4. You shall acknowledge Click Analytic as the source of the data/content; if you use/show data/content from Click Analytic online, you shall link to Click Analytic website, place the Click Analytic logo and credit the source as follows: “powered by Click Analytic”.
You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
9.1. Usage of Service in excess of: – 5 requests to Site per second; – 1 member account per person when form the same legal entity (business); – 3 full analysis requests under Unsubscribed plan.
9.2. Use of Charged Services without fulfilling payment responsibilities.
9.3. Use any means to modify or reroute the Service.
9.4. Broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed pursuant to these Terms).
9.5. Assign, syndicate, resell or otherwise transfer or make available information obtained via the Service to third parties (unless you have specific written agreement with Click Analytic for this).
9.6. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
9.7. Use the Services in any way that harms Click Analytic, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by Click Analytic in its sole discretion;
9.8. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party’s use and enjoyment of the Services and/or Site;
9.9. Use any meta tags or any other “hidden text” utilizing Click Analytic’s name or trademarks without the prior written consent of Click Analytic;
9.10. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of Click Analytic;
9.12. Use the Services to “stalk” or otherwise harass another; and/or collect or store personal data about any other person.
9.13. Employ any technique to compile any false or misleading information or content;
9.14. Harm minors in any way;
9.15. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
9.16. Use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights; 9.17. Use the Services to gain unauthorized access to any third party services, user accounts, computer systems, or networks;
9.18. Use the Click Analytic domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate Click Analytic or any other third party;
9.19. Create multiple tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys or passwords creation may result in suspension of all related tokens, keys or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys or passwords.
9.20. You acknowledge and agree that in case we detect multiple accounts and/or promotion plans established for one person, we at our sole discretion may, without warning and refund, terminate such multiple accounts or/and promotion plans.
You grant Click Analytic the right to add your name and company logo to its customer list and website.
11. Cancellation Or Termination
11.1. You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your tokens, keys or passwords and any Services and Services credits contained therein.
11.2. You acknowledge and agree that Click Analytic may terminate keys or passwords for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, in particular but not limited to violation of clauses 8.4, 9.1 and 9.2 thereof, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to Click Analytic.
11.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your tokens, keys or passwords and all Services contained therein. All terminations are at the sole discretion of Click Analytic, and you agree that Click Analytic shall not be liable to you or any third party as a result of termination.
11.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any and all data you received from Click Analytic. Sections 6 to 10, and 15, as well as your obligation to pay any fees applicable, including but not limited to those under sub-clause 11.1 (ii) above, will survive any expiration or termination of this Agreement for any reason.
12. Proprietary Rights
You acknowledge and agree that the Site and Services are the exclusive property of Click Analytic and except as may be otherwise provided herein, Click Analytic does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. Click Analytic owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Click Analytic or its content suppliers and protected by international copyright laws. Any third party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information which is designated confidential and that you shall not disclose such information without Click Analytic’s prior written consent.
13. Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
14. Governing Law
These conditions are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Click Analytic and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Geneva, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Switzerland, or in the EU country in which you reside.
16. Influencer Privacy Notice
We collate publicly available information about influential individuals (“you” or “your” in this privacy notice if we have obtained information about you). This pooled information, or ‘personal data’, is made available on Click Analytic’s Influencer Tool (the “platform”) for its users to discover, evaluate and manage their engagement with influential people.
Click Analytic respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when it is used on our market-research database, your privacy rights and how the law protects you.
In essence, We only process information that are publicly available. We ensure we have a legal basis for processing your personal data. We treat it in accordance with relevant legislation and respect Your Rights (see section below).
16.2. The Data We Process And How It Is Obtained
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 collate, use, and transfer different kinds of publicly available personal data about you which is obtained directly or indirectly via secondary sources such as social media networks and other Internet sources. This personal data may include the following:
- your name, age and affiliated organization (if applicable);
- your social media handle;
- messages which you have shared publicly on social media; and
- any other information you manifestly make public.
We may combine the above referenced personal data with information we receive from third parties relating to your social media audience. Such combined personal data, while anonymous with respect to your social media followers, is identifiable of you.
We analyze a vast amount of information in order to provide Customers with statistics. In relation to Influencer audience (the “Audience”), this includes, in particular: gender, age group and ethnicity. While these items may represent a somewhat sensitive issue, We have undertaken a review of our legitimate interests and the risks to the rights and freedoms of individuals. We concluded that our processing for statistical purposes is in line with legislation and does not affect the rights and freedoms of individuals.
In order to legally process data on the ethnic origin of the Audience, We require relevant legal basis. One of the bases is processing for statistical purposes (while safeguarding fundamental rights and interests of the Audience). Such processing does not have discriminatory effects on natural persons involved nor results in measures having such effect. Finally, there is no automated decision-making and profiling based on ethnic origin of the Audience.
We may combine the above referenced personal data with information we receive from third parties relating to your social media audience. Such combined personal data, while anonymous with respect to your social media followers, is identifiable of you.
16.3. How We Use Your Personal Data
We will only use your personal data to the extent that the law allows us to do so. We will use your personal data where it is necessary to pursue our legitimate interests and your interests and fundamental rights do not override those interests.
As part of these legitimate interests, the platform may benefit you as an influencer by facilitating your connection with companies (and their brands) to enable those companies to expand your presence in the influencer marketing ecosystem and to enhance your subject-matter expertise. Influencers often reach out to us and request to be included on the platform. The platform also affords a mutual benefit to both brands and influencers by empowering brands and influencers to build meaningful relationships for their shared gain. Additionally, the platform affords a greater public benefit by facilitating the growth and development of, and insight into, the wider influencer marketing ecosystem.
We process your personal data for the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your personal data to connect you through our platform with companies (and their brands).
In particular, we would like you to be aware that the Click Analytic platform uses algorithms to construct profiles about individual influencers, and therefore we may use the personal data described in the section above so that an evaluation can be made about your behavior, preferences and interests (among other things). Under the GDPR (to the extent applicable), this usage may be considered profiling. In particular, these algorithms assess your reach (e.g. size of your social media audience), relevance (e.g. the contextual affinity of your content to Click Analytic’s customers’ areas of interest) and authenticity (e.g. audience engagement with your social media content) in various areas. The GDPR defines “profiling” as “any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements”. To the extent Click Analytic’s processing constitutes profiling under the GDPR (to the extent applicable), you have the right to specifically object to the processing of your personal data for the purpose of profiling. To learn more, please reach out to [email protected].
16.4. Disclosures Of Your Personal Data
We may share your personal data with the persons and in the contexts set out below:
- users of our platform and associated market-research database;
- service providers who provide us with IT, system administration, and other services;
- professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
- persons to whom we are under a duty to disclose or share your personal data in order to comply with any legal obligation, including without limitation public authorities who may need to see your personal data to meet national security or law enforcement requirements, and regulators and other authorities who require reporting of processing activities in certain circumstances;
- 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;
- third parties with whom we may be required to communicate if we discontinue our business, or file a petition or have filed against us a petition in bankruptcy, reorganization or similar insolvency petition, application or proceeding;
- our Corporate Affiliates; for the purposes of this privacy notice: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Click Analytic, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise; and
- third parties with whom we may be required to communicate in order to enforce or apply the terms of our agreements; or to protect the rights, property, or safety of Click Analytic, our customers, or others.
We use reasonable efforts to ensure that all third parties respect the security of your personal data and to treat it in accordance with the law. Apart from users of our market-research database, who will separately be required to adhere to privacy laws when dealing with your personal data, 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 documented instructions.
16.5. Data Security
We have put in place appropriate security measures intended to prevent your personal data from being accidentally lost, used or accessed in an unauthorized 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. Processors of your personal data acting on our documented instructions will only process your personal data in accordance with our instructions and are subject to a duty of confidentiality.
16.5. Data Retention
We will only retain your personal data for as long as necessary to fulfil the purposes for which it was obtained. 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 unauthorized 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
16.6. Your Legal Rights
Under certain circumstances, you may have certain rights under data protection laws in relation to your personal data, including to:
Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In particular, to the extent Click Analytic’s processing constitutes profiling under the GDPR, you have the right to specifically object to the processing of your personal data for the purpose of profiling. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
You generally 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.
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.
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.
If you wish to exercise any of the rights set out above, please contact us at [email protected]. Please note that Click Analytic reserves the right to refuse any request to exercise such rights to the extent permitted by applicable law.
16.7. Opting Out
You can ask us or third parties to stop processing your personal data. To do this email us at [email protected]
17. Contact Us
If you have any questions about these Terms, please contact us at [email protected] or: Click Analytic SARL, 6 Chemin Edouard-Tavan, 1206, Geneva, Switzerland
18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Click Analytic AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. Click Analytic MAKEs NO WARRANTY THAT i) THE SERVICES WILL MEET YOUR REQUIREMENTS: ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; iii) ANY ERRORS WILL BE CORRECTED; AND iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND Click Analytic SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Click Analytic OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF Click Analytic OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, Click Analytic SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.