Your Data Privacy
We are committed to keeping your personal information safe and secure.
Last revised: June 15, 2020
General
TrendMiner NV (Kempische Steenweg 309/5, Corda Building 2, 3500 Hasselt, Belgium with company number 0894.414.630) and each of its affiliated entities (“TrendMiner”, “we”, “us”) collects data when you send us an email, use our company website(s) (“Website”), or use our software and onboarding and support services (the “Services”).
If you are a resident of the U.S. State of California, please be aware that our Privacy Notice for California Residents also applies to you.
You may not always be aware of it, but using our Website or Services implies sharing personal data. According to the legal definition, personal data means any information relating to an identified or an identifiable natural person (“Personal Data”). It is sufficient to be regarded as Personal Data if the data allows us to make a direct or indirect link between one or more data on the one hand and a natural person on the other hand.
We consider the protection of your privacy to be very important and through this privacy policy (“Privacy Policy”), we would like to provide clarity on the way we process, store and use your Personal Data.
The collection and processing of Personal Data is subject to strict legal conditions to give you, as a user, the necessary guarantees that your Personal Data will not be publicly disclosed in an unauthorized manner. More specifically, processing of Personal data is subject to the EU Regulation 2016/679 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, together with the codes of practice, codes of conduct, regulatory guidance and standard clauses and other related legislation resulting from such Regulation, as updated from time to time (the “Privacy Legislation”).
TrendMiner will only process, store and use your Personal Data in accordance with the provisions of the Privacy Legislation and this Privacy Policy. We will not disclose your Personal Data to any natural person, legal person, or entity other than TrendMiner (“Third Party”), unless set out in this Privacy Policy. The Third Parties that TrendMiner might involve are listed in Annex 2.
We assume that you have read this Privacy Policy before using our Website and Services, as well as given your consent to the collection and processing of your Personal Data by TrendMiner in accordance with this Privacy Policy. If you do not agree with the data practices described in this privacy policy, you should not use our Website or our Services.
Personal data that we collect
Use of our Website
You are free to use our Website without providing any Personal Data. You can voluntarily submit Personal Data on our Website, including contact information, such as your name, email address, company name, address, phone number, and other information about yourself or your business.
The Website may collect demographic information, such as your ZIP code, age, gender, preferences, interests and favourites using log files. These log files are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by our Website, including but not limited to your IP address, browser type, domain names, internet service provider (ISP), files viewed on our site (e.g., HTML pages, graphics, etc.), your operating system, clickstream data, access times and referring website addresses.
The Website offers you the opportunity to instant chat with us online using our “Doorbell chat” feature. You are not required to provide any Personal Data to use the doorbell chat. Once the conversation has started, you may choose to identify yourself to TrendMiner.
Email marketing campaigns that contain published content from our Website may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but is not limited to opening of emails, forwarding of emails, clicking of links within the email content, times, dates and frequency of activity.
Our Website includes social media features, such as connect, share or like. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a Third Party or hosted directly on our Website.
Use of our Services
Our Services collect usage statistics and generate server and connector logs that are useful for support purposes. Usage and diagnostics records contain timestamped information on user login / logout, features / APIs used and corresponding parameters (including the user that has used the feature), as well as warnings and exceptions that may have occurred, system metrics such as CPU usage and memory usage, and metrics about application performance. Names of assets and data points may appear in our records, but they do not contain passwords or security-sensitive information.
In addition, our Services offer users the opportunity to chat with our specialised support staff online using our “Support chat” feature. When a chat conversation is started, contact details of the corresponding user that have been configured in the application will be sent along with it, including your name and email address. Our support services also collect data you provide as part of a support request in our ticketing system.
The Services also offer users the opportunity to log a wish or feature request using the “Make a wish” feature. When a wish is submitted, contact details that are configured in the application will be sent along, including your name and email address.
TrendMiner’s customer success team measures engagement of users to increase value of the use of TrendMiner’s software by providing onboarding services and customer support. In order to provide the best onboarding and support experience, we create and store reports of training sessions, and create user and customer profiles. In particular, when you use the supported onboarding program, a user profile is created that contains metadata about you, including your name, email address, satisfaction scores and feature usage statistics.
Applying for a job
TrendMiner regularly seeks new enthusiastic and motivated employees to join our team. During the job application procedure TrendMiner processes the following categories of personal data: personal identification data, personal details characteristics (like e.g. birthdate, language, …), competences, educational history, career, professional career and training history, competences, curriculum vitae, images, work references, and additional information provided by the job applicant.
Purposes of data collection and processing
Use of our Website
Your Personal Data regarding the use of our Website may be used for the following purposes (collectively, the “Purpose”):
- to provide you with further information about our products, promotions and events or to assist you in answering any questions or queries you may have submitted (based on our legitimate interest);
- to use the doorbell chat allowing you to submit wishes, ask a question, or directly contact a TrendMiner representative (based on your consent);
- to refine future email campaigns and supply you with more relevant content based on your online activity (based on our legitimate interest); and
- to use social media platforms (based on your consent).
Use of our Services
Your Personal Data regarding the use of our Services may be used for the following purposes (collectively, the “Purpose”):
- to operate, maintain, enhance our Services, based on our legitimate interest;
- to provide the services and information that you request, based on our contract;
- to allow our support staff to answer your questions online (for instance “Support chat” feature), based on your consent;
- to log and follow up on comments and feature requests (for instance “Make a wish” feature), based on your consent;
- to understand application usage patterns (for instance features that are popular or not used at all, typical settings for features, etc.) and to quantify application use, application performance and user retention, based on our legitimate interest;
- to increase the use of our Services, based on our legitimate interest ;
- to improve the onboarding and support experience, based on our legitimate interest;
- to enable our users to develop the necessary skills, knowledge and experience to become effective users of our Services, based on our contract.
- Communicating with you. This may include responding to emails or calls from you, based on your consent.
- With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and telephone with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. Based on your consent if you opt-ed in, or based on our legitimate interest when you are a customer.
- analysing your use of our website or Communication Channels, based on your consent
- online marketing, based on our legitimate interest or your consent
- any other purpose you have consented to or which is allowed under applicable law
- to conduct surveys (eg. satisfaction, use of the platform, provision of services) to collect feedback from users on our platform and services, based on our legitimate interest;
- to provide specific guidance (either in-application or via email) to support users in improving their skills working with TrendMiner,based on our contract;
- to provide relevant information on the TrendMiner platform in general (news, updates, release information, webinars, trainings, etc.), based on our contract or legitimate interest;
- to provide users with any other information, not specifically mentioned above, on the TrendMiner and the TrendMiner platform in general, based on our legitimate interest;
- to provide (project) management of our customers with specific information regarding the progress of their use of TrendMiner .
When you apply for a job at TrendMiner
- to assess if you are the candidate we are looking for, as a necessary step prior to entering into an employment contract
- to keep your curriculum in our recruitment pool, based on your consent
During the provision of Services, TrendMiner may rely on processors to take over a part of the aforementioned Purpose. We ensure that these processors take the necessary technical and organisational measures to process your personal data legally and lawfully.
Cookies
When using our Website or Services, we collect certain information through automated systems, including cookies (small text files stored in your browser) and similar technologies, mobile app identifiers, to increase security, measure use and effectiveness of the Website, identify problems and then resolve them. Information about our usage of cookies, especially for marketing purposes, can be found in our Cookie Policy.
By continuing to use the Website you accept the use of cookies in your browser in accordance with this Privacy Policy and the Cookie Policy.
Websites or applications of Third Parties
You acknowledge and accept that by using the Website you can gain access to certain content or services provided by Third Parties. In such case, a separate privacy policy of such a Third Party may apply. TrendMiner is not responsible for the privacy policy of Third Parties, nor for compliance therewith.
How we share and disclose Personal Data
We consider your Personal Data to be a vital part of our relationship with you and will never sell your Personal Data to Third Parties without your prior explicit consent.
TrendMiner does not share your personal data with Third Parties, unless mentioned in this Privacy policy or
- TrendMiner has received your prior consent;
- TrendMiner investigates suspicious or fraudulent or illegal activities;
- TrendMiner maintains its general terms and conditions to the extent applicable;
- TrendMiner is obliged to do so in the context of a regulation or legal procedure;
- TrendMiner is requested to do so by legislative or judicial authorities;
- TrendMiner is taken over in whole or in part or split up. In that case, TrendMiner will impose on the third party the obligation to process use the personal data only in accordance with the provisions of this Privacy Policy;
During the provision of Services, TrendMiner may rely on Third Parties as processors to take over a part of the aforementioned Purpose. We ensure that these processors take the necessary technical and organisational measures to process your personal data legally and lawfully and also under no circumstances disclose your personal data to Third Parties other than the purpose of their processing.
What are your rights as a data subject?
Under applicable law, you have the right under certain circumstances to (i) request access to information about your stored personal data, (ii) rectification of your personal data, (iii) restriction of processing of your personal data, (iv) deletion of your personal data, (v) data portability, (vi) revocation of your consent for processing of your personal data and (vii) object to the processing of your personal data. Further information on the individual rights can be found in Annex 1 to this Privacy Policy.
To exercise these rights, please contact us using the communication channels listed below in the section “Contact details”.
You also have the right to file a complaint with a data protection supervisory authority. The lead supervisory authority for TrendMiner is the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/)
Security
We commit to taking reasonable administrative, technical and organizational measures against unauthorized or illegal processing of Personal Data or unintentional loss, destruction or damage, unauthorized or illegal access, disclosure or use of Personal Data. In some cases, your Personal Data will be shared with Third Parties, which must also take reasonable administrative, technical and organizational measures to protect the Personal Data.
Storage, processing and access of Personal Data may take place outside the European Union. In the event that Personal Data are transferred outside the European Economic Area, TrendMiner ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation(s) in order to provide for an adequate level of protection of your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses).
In the event and as a result of the discovery or notification of an infringement on the safety of Personal Data, or access thereto by an unauthorized person, TrendMiner will notify you, in particular if the infringement is likely to violate your privacy.
Storage and removal of Personal Data
We may store your Personal Data as long as reasonably required to provide you with the Services, and for the Purpose as described in this Privacy Policy. Afterwards, your Personal Data will be erased (typically after 5 years or less).
Children’s privacy
Our Website and Services are not intended for children. We do not knowingly collect or maintain Personal Data of children under the age of 13, and in some jurisdictions under the age of 16. If you are under the age of 13, please do not access our Website, or Services at any time or in any manner. If we learn that we have collected Personal Data of children under the age of 13 or 16 (as applicable), we will take appropriate steps to delete that Personal data.
Updates or changes to our Privacy Policy
If required, this Privacy Policy may be modified or updated. TrendMiner may update this Privacy Policy from time to time by posting a new version online on our website. You should review this privacy policy often to stay informed of changes that may affect you.
Contact details
Please feel free to direct any questions, comments, or complaints regarding this Privacy Policy or the privacy practices of TrendMiner to:
TrendMiner NV
Kempische Steenweg 309/5
B-3500 Hasselt, Belgium
privacy@trendminer.com
+32 11 263 830
Annex 1: Data Subject Rights
Under applicable law, you have the right under certain circumstances to (i) request access to information about your personal data being processed (ii) rectification of your personal data, (iii) restriction of processing of your personal data, (iv) deletion of your personal data, (v) data portability, (vi) revocation of your consent for processing of your personal data and (vii) object to the processing of your personal data. In Detail this is:
(i) Right of access: You can ask us which personal data we process from about you, for which we process it, which categories of personal data we process, with which categories of third parties we share your personal data, the origin of the processed data and – when if application applicable – which what logic we use when in the automatic processing of personal data automatically.
However, this right is not unrestricted, as the rights of others may limit your right to receive a copy.
(ii) Right to rectification: You may be entitled to request the correction of incorrect personal data concerning you. In consideration of the purposes of processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.
(iii) Right to erasure (“Right to be forgotten”): Under certain conditions, you have the right to ask us to delete your personal data and to delete personal data.
(iv) Right to restriction of processing: Under certain circumstances, you have the right to demand that we restrict the processing of your personal data. In this case, the corresponding data will be marked and processed by us only for specific purposes.
(v) Right to data portability: Under certain circumstances, you have the right to receive the Personal Data relating to you that you have provided to us in a structured, commonly used and machine-readable format and you have the right to transfer that data to another person without obstruction by us.
(vi) Right to revocation of consent: If you have given your consent for some data processing activities, you may revoke your consent at any time with future effect. Such revocation shall not affect the lawfulness of the processing on the basis of the consent until the revocation.
(vii) Right to object
For reasons arising from your particular situation, you have the right to object to the processing of personal data relating to you on the basis of Art. 6(1f) GDPR (data processing based on legitimate interests). If you object, we will no longer process your personal data unless we can establish compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims.
Annex 2: Third Party Data Recipients
The following organizations could get access to your personal data in certain cases. It has been ensured that these organizations provide an adequate level of data protection according to the General Data Protection Regulation (GDPR).
Name: A New Spring
Address: A New Spring BV, Westblaak 180, 3012 KN Rotterdam – Netherlands
Purpose of Data Processing: Online training for end users.
Name: Aha!
Address: Aha! Labs Inc., 20 Gloria Circle, Menlo Park, California 94025, United States
Purpose of Data Processing: Gather, process and respond to product feedback.
Name: Atlassian
Address: Level 6, 341 George Street, Sydney, NSW 2000, Australia
Purpose of Data Processing: Troubleshooting
Name: Facebook
Address: 4 Grand Canal Square, Grand Canal Harbour, D2 Dublin, IRELAND
Purpose of Data Processing: Advertising and Targeting
Name: Gainsight
Address: 655 Montgomery St, 7th Floor, San Francisco, CA 94111, United States
Purpose of Data Processing: Highlight new features / communicate other product related announcements. Gather, process and respond to product feedback. Facilitate marketing, sales and customer success operations. Understand usage, Improve product and product related announcements. Highlight new features / communicate other product related announcements
Name: Google
Address: EMEA HQ, 4 Barrow St, Ringsend, Dublin 4, D04 V3A0, Ireland
Purpose of Data Processing: Advertising and Targeting
Name: GSuite
Address: EMEA HQ, 4 Barrow St, Ringsend, Dublin 4, D04 V3A0, Ireland
Purpose of Data Processing: Inform customers and colleagues, and keep track on the actions taken with customers.
Name: Hubspot
Address: 25 First Street, 2nd Floor, Cambridge, MA 02141, United States
Purpose of Data Processing: Facilitate marketing, sales and customer success operations (Contact forms)
Name: Insightsquared
Address: 1 Center Plz, 3rd Floor, Boston, MA 02108 – USA
Purpose of Data Processing: Facilitate marketing, sales and customer success operations
Name: LinkedIn
Address: Gardner House, 2 Wilton Pl, Dublin 2, Ireland
Purpose of Data Processing: Advertising and Targeting
Name: Microsoft Azure (Sub processor)
Address: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA
Purpose of Data Processing: Troubleshooting + Measure (server side) usage metrics
Name: Mixpanel
Address: 18 West 18th Street, 10th Floor, New York, NY 10011, United States
Purpose of Data Processing: Analytics. Understand usage, Improve product and product related announcements.
Name: One Login + Zendesk
Address: 848 Battery Street, San Francisco, CA 94111, USA
Purpose of Data Processing: Troubleshooting
Name: Salesforce
Address: Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, USA
Purpose of Data Processing: Facilitate marketing, sales and customer success operations
Name: Slack
Address: 500 Howard St, San Francisco, USA
Purpose of Data Processing: Remote assistance. Gather, process and respond to product feedback.
Name: Totango
Address: 1 Twin Dolphin Dr., Redwood City, CA 94065, USA
Purpose of Data Processing: Facilitate marketing, sales and customer success operations. Understand usage, Improve product and product related announcements. Highlight new features / communicate other product related announcements
Name: Twitter
Address: Market Square, 1355 Market St #900, San Francisco, United States
Purpose of Data Processing: Advertising and Targeting
Name: Zendesk (Smooch / Sunshine conversations)
Address: 1019 Market St, San Francisco, CA 94103, United States
Purpose of Data Processing: Provide live chat capabilities to the website. Remote assistance. Gather, process and respond to product feedback.
Name: Microsoft Clarity
Address: Microsoft Privacy, Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052, USA. Telephone: +1 (425) 882 8080. Microsoft Ireland Operations Limited, Attn: Data Protection Officer, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. Telephone: +353 1 706 3117.
Purpose of Data Processing: Evaluate your use of the website, compile reports on website activity, and provide other services relating to website activity and internet usage.
Name: Demandbase
Address: 680 Folsom, Suite 400, San Francisco, CA 94107
Purpose of Data Processing: Advertising and Targeting
