Last updated: 10 August 2022
Owner of Pivotal Accessibility:
Pivotal Accessibility is owned and operated by Pivotal Accessibility having an address at B-1/401, Janakpuri, New Delhi, 110058 India (“we,” “us,” or “our”).
Our role as a data controller and data processor:
We act in the capacity of a data controller and a data processor with regard to the personal data processed through Pivotal Accessibility in terms of the applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Our role depends on the specific situation in which personal data is handled by us, as explained in detail below:
- Data controller: We are responsible for the collection of your personal data through Pivotal Accessibility and their further use. We make decisions about the types of personal data that should be collected from you and the purposes for which such personal data should be used. Therefore, we act as a data controller with regard to the personal data collected directly through Pivotal Accessibility (e.g., when you send us an inquiry or request a demo). We comply with the data controller’s obligations outlined in the applicable laws.
- Data processor: We act in the capacity of a data processor in situations when you submit files or generate data for processing through one or more of our products (“Your Data”) and Your Data contains other individuals’ personal data. We do not own, control, or make decisions about Your Data. We process Your Data only in accordance with the instructions issued by a respective data controller. To ensure that Your Data is processed in accordance with the strictest data protection standards, we have drafted and offer for conclusion a data processing agreement (the “DPA”) that you can receive by contacting us.
Pivotal Accessibility is not intended for use by children (i.e., persons who are minors in their country of residence). Therefore, we do not knowingly collect minors’ personal data. If you, as a parent or a legal guardian of a child, become aware that the child has submitted his/her personal data to us, please contact us immediately. We will delete your child’s personal data from our systems without undue delay.
Term and termination:
WHAT PERSONAL DATA DO WE COLLECT AND FOR WHAT PURPOSES DO WE USE IT?
Sources of personal data:
We obtain your personal data from the following categories of sources:
- Directly from you: For example, if you submit certain personal data directly to us when contacting us;
- Directly or indirectly through your activity on Pivotal Accessibility: When you use Pivotal Accessibility, we automatically collect technical information about your use of Pivotal Accessibility; and
- From third parties: We may receive information about you from third parties to whom you have previously provided your personal data if those third parties have a legal basis for disclosing your personal data to us.
Types and purposes of personal data:
- Demo request and contact form: When you request a demo or send us a message through the contact form, we collect your full name, email address, phone number, company name, industry domain, country, and any information that you decide to provide in your message. We use the said information to contact you, provide you with the requested demo, set up a contract with you, and maintain our business records. The legal bases on which we rely are ‘performing a contract with you,’ ‘pursuing our legitimate business interests’ (operate, analyze, grow, and administer Pivotal Accessibility), and ‘your consent’ (for optional personal data). We store such data until you stop communicating with us or until you terminate your service contract with us.
- Inquiries: When you contact us by email, we collect your name, email address, and any information that you decide to include in your message. When you contact us via our contact form, we collect your name, email address, phone number, and any information that you decide to include in your message. We use such data to respond to your inquiries. The legal bases on which we rely are ‘pursuing our legitimate business interests’ (grow and promote our business) and ‘your consent’ (for optional personal data). We store such data until you stop communicating with us.
We do not collect or have access to any special categories of personal data from you, unless you decide, at your (own) discretion, to provide such data to us. Sensitive data is information that relates to your health, genetics, biometrics, religious and political beliefs, racial origins, membership of a professional or trade association, sex life, or sexual orientation. If you decide, at your sole discretion, to include the said sensitive data in Your Data, we will process such data for the purpose of fulfilling our contractual obligations.
Processing of Your Data:
When you submit, upload or create Your Data through one of our products, we process Your Data as requested by you in order to:
- Provide you with the requested services; and
- Perform our contractual obligations. The legal basis on which we rely is ‘performing a contract with you‘. The duration of processing is the term of your service contract with us.
Refusal to provide personal data:
If you refuse to provide us with your personal data when we ask to, we may not be able to perform the requested operation and you may not be able to use the full functionality of Pivotal Accessibility or get our response. Please contact us immediately if you think that any personal data that we collect is excessive or not necessary for the intended purpose.
A cookie is a small piece of data typically consisting of letters and numbers. When you visit a website, that website may send a cookie to your browser. Subsequently, the browser may store the cookie on your computer or mobile device for some time (cookie expiration date depends on its type). Cookies are used to recognize your device and collect certain information about your use of websites. Thus, over time, cookies allow websites to “remember” your actions and preferences. There are several types of cookies, namely, (i) persistent cookies, which remain valid until deleted by you, (ii) cookies that remain valid until their expiration date, and (iii) session cookies that are stored on a web browser and remain valid until the moment the browser is closed. Cookies may also be (i) first-party cookies (set by the original website itself) and (ii) third-party cookies (placed by third-party websites).
Our essential cookies:
When you browse Pivotal Accessibility, we collect your cookie-related data. We store such data until your cookies expire, you disable cookies, or you withdraw your consent, whichever is earlier. We use performance cookies only that help us to understand and analyze the key performance indexes of Pivotal Accessibility and deliver a better user experience for you. Such cookies are set by our web hosting provider GoDaddy. The cookies are used for monitoring Pivotal Accessibility usage performance. Performance cookies are considered to be essential cookies that cannot identify you. Therefore, they do not require your consent. In addition to our essential cookies, we use analytics and advertising cookies as explained in the section “Analytics and Advertising” below.
Our non-essential cookies:
In addition to our essential cookies, we also use statistics cookies that allow us to generate statistical reports about your use of Pivotal Accessibility and create, implement, and examine our marketing campaigns. Such cookies allow us to reach the right customers, analyze the productivity of our marketing campaigns, and offer you personalized advertisements.
List of our cookies:
Below, you can find a list of all cookies that we use on Pivotal Accessibility, including their purpose and expiration time:
Essential technical cookies
|PHPSESSID||pivotalaccessibility.com (USA)||End of session||This cookie is native to PHP applications. The cookie is used to store and identify a user’s unique session ID for the purpose of managing user sessions on the website. The cookie is a session cookie and is deleted when all the browser windows are closed.|
|rc::a||google.com (USA)||Persistent||This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.|
|rc::c||google.com (USA)||End of session||This cookie is used to distinguish between humans and bots.|
|_ga_PH70YCFTPY||pivotalaccessibility.com (USA)||2 years||This cookie is installed by Google Analytics.|
|_ga||pivotalaccessibility.com (USA)||2 years||This cookie, installed by Google Analytics, calculates visitor, session, and campaign data and also keeps track of site usage for the site’s analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.|
|_ga_#||pivotalaccessibility.com (USA)||2 years||This cookie is used by Google Analytics to collect data on the number of times a user has visited the website as well as dates for the first and most recent visit.|
|_tccl_visit||pivotalaccessibility.com (USA)||1 day||This cookie sets a unique ID for the session. This allows the website to obtain data on visitor behavior for statistical purposes.|
|_tccl_visitor||pivotalaccessibility.com (USA)||1 year||This cookie sets a unique ID for the session. This allows the website to obtain data on visitor behavior for statistical purposes.|
When you visit Pivotal Accessibility, we will ask you to provide us with your consent to our use of all cookies via a cookie consent banner. If you provide your consent, we will use all cookies that are listed in the table above, including marketing and advertising cookies. If you do not provide your opt-in consent, we will not serve you our non-essential (statistics, marketing, and advertising) cookies. Please note that we may not be able to provide you with the best possible user experience on Pivotal Accessibility if not all cookies are enabled.
ANALYTICS AND ADVERTISING
Collection of analytics data:
When you browse Pivotal Accessibility, we collect certain technical analytics data from you. Such data includes the following information:
- URL addresses from which you access Pivotal Accessibility;
- Your device type;
- Your operating system;
- Average time that you spend on Pivotal Accessibility;
- Pages viewed;
- Number of visits;
- Visitor bounces;
- Session by traffic source;
- Approximate geo-location data; and
- Your IP address.
Purpose of analytics data:
We use your analytics data to analyze what kind(s) of users access and use Pivotal Accessibility, measure your engagement, see which parts of Pivotal Accessibility are interesting to you, improve our content, develop new products and services, and investigate and prevent security issues and abuse. In most cases, analytics data is non-personal and it does not allow us to identify you as a natural person. However, some of such data, like your IP address, may be considered personal data, and we make sure that we have the necessary legal basis for processing such data. When we process your analytics data which is personal data, we rely on the ‘legitimate interest’ (i.e., to analyze, improve, and protect Pivotal Accessibility) and ‘your consent’ bases.
We use Google Analytics, a web analytics service provided by Google LLC, registered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google generates statistical information by means of cookies and creates reports about your use of Pivotal Accessibility. For more information on the cookies used by Google Analytics, please refer to the section “Non-Essential Cookies” above. The cookies served by Google are anonymous first-party cookies that do not allow us to identify you in any manner. The information generated by cookies will be transmitted to and stored by Google on servers in the United States. To ensure your privacy, your IP address will be anonymized and Google will not combine your IP address with other information Google holds about you. Thus, Google will not be able to identify you. In certain cases (e.g., when required by law or when third parties provide services on behalf of Google), Google may transfer the information to third parties. For more information about ‘Google Analytics’ privacy practices, please visit https://support.google.com/analytics/answer/6004245. If you would like to opt-out of Google Analytics, you can do so by installing the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout?hl=en. We will ask you to provide us with your consent for non-essential Google Analytics cookies through a cookie consent banner. If you do not provide such consent, we will not use Google Analytics to analyze your use of Pivotal Accessibility.
Advertising and profiling:
You may encounter personalized and non-personalized advertising based on your use of Pivotal Accessibility and other websites on the Internet. We use Google Ads to deliver such services. Such advertising may also be based on profiling that automatically groups the users of Pivotal Accessibility. Where necessary, we will seek your consent (for example, for the use of non-essential advertising cookies). If you provide your consent, you will see personalized and non-personalized advertising that may be based on your interests and cookie-generated data. If you would like to know more about how such advertising is served, please refer to Google’s Privacy and Terms site available at https://policies.google.com/privacy?hl=en-US. You can control how advertising is shown to you or opt out of targeted advertising by consulting the guide powered by the Digital Advertising Alliance, available at https://youradchoices.com. For more information on opting-out from advertising features on your device, please visit https://www.networkadvertising.org. Where interest-based advertising uses non-essential cookies, we will ask for your consent for such cookies. Also, you may adjust the settings of your Google account to manage the advertising content that you are served.
We use reCAPCHA on Pivotal Accessibility. It helps us to verify whether you are a human being and not a robot. We need such information to protect Pivotal Accessibility against spam and abuse. When you use reCAPCHA, Google will collect some data from you, such as:
- All cookies set to your browser by Google in the last 6 months;
- Information about your mouse clicks;
- CSS information;
- Browser language;
- Any plug-in installed in the browser; and
Aggregated and de-identified data:
If we combine your non-personal data with certain elements of your personal data and such a combination allows us to identify you as a natural person, we will handle such aggregated data as personal data. If your personal data is de-identified in a way that it can no longer be associated with a natural person, it will not be considered personal data and we may use it for any business purpose.
If you contact us, we may keep records of any questions, complaints, recommendations, or compliments made by you and any subsequent responses. Where reasonably possible, we remove all personal data that is not necessary for keeping such records.
HOW DO WE COMMUNICATE WITH YOU?
If we have your email address, we may, from time to time, send you information about our services. You will receive our newsletters in the following instances.
- If we receive your express (“opt-in”) consent to receive marketing messages; or
- If you ask us to send you information about Pivotal Accessibility; or
- If we decide to send you information closely related to services already used by you.
You can opt-out of receiving our commercial communications at any time, free of charge, by clicking on the “unsubscribe” link included in our emails or by contacting us directly.
If necessary, we will send you important informational messages, such as confirmation receipts, technical emails, and other administrative updates. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out of service-related notices.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
Retention of personal data:
Retention as required by law:
In certain cases, we are required by law to store your personal data for a certain period of time. Thus, we may keep your personal data for the time period stipulated by the applicable law and securely delete it as soon as the required storage period expires.
HOW DO WE SHARE AND DISCLOSE YOUR DATA?
Disclosure to data processors:
From time to time, your personal data is disclosed to our service providers with whom we cooperate (our data processors). For example, we share your personal and non-personal data with entities that provide certain technical support services to us, such as hosting and email distribution services. We do not sell your personal data to third parties. The disclosure is limited to the situations when your personal data is required for the following purposes:
- Ensuring the proper operation of Pivotal Accessibility;
- Ensuring the delivery of the services ordered by you;
- Providing you with the requested information;
- Pursuing our legitimate business interests;
- Enforcing our rights, preventing fraud, and security purposes;
- Carrying out our contractual obligations; or
- If you provide your prior consent to such disclosure.
List of our data processors:
- Our hosting and cloud storage service provider GoDaddy located in the United States;
- Our database service provider MySql;
- Our technical support service provider Sendinblue located in France;
- Our developing service provider WordPress;
- Our analytics service provider Google Analytics located in the United States; and
- Our independent contractors and consultants.
Disclosure of technical (non-personal) data:
Your non-personal data may be disclosed to third parties for any purpose. For example, we may share it with prospects or partners for business or research purposes, for improving Pivotal Accessibility, responding to lawful requests from public authorities, or developing new products and services.
If we are contacted by a public authority, we may need to disclose information about you to the extent necessary to pursue a public interest objective, such as national security or law enforcement.
Selling personal data:
We do not directly sell your personal data to third parties.
Some of our data processors listed above are located outside the country in which you reside. For example, if you reside in the European Economic Area (EEA), we may need to transfer your personal data to jurisdictions outside the EEA. In case it is necessary to make such a transfer, we will make sure that the jurisdiction in which the recipient third party is located guarantees an adequate level of protection for your personal data or we will conclude a data processing agreement with the respective third party that ensures such protection. We will not transfer your personal data internationally if no appropriate level of protection can be granted.
HOW DO WE PROTECT YOUR PERSONAL DATA?
Our security measures:
We implement organizational and technical information security measures to protect your personal data from loss, misuse, unauthorized access, and disclosure. The security measures taken by us include:
- Access control;
- Secured networks;
- SSL protocol;
- Strong passwords;
- Anonymization of personal data (when possible); and
- Carefully selected data processors.
Although we put our best efforts to protect your personal data, given the nature of communications and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, or falsification of your personal data that was caused by circumstances that are beyond our reasonable control. In case a serious breach occurs, we will take reasonable measures to mitigate the breach, as required by applicable law. Our liability for any security breach will be limited to the highest extent permitted by applicable law.
WHAT RIGHTS DO YOU HAVE WITH REGARD TO YOUR PERSONAL DATA?
The list of your rights:
You have the right to control how your personal data is processed by us by exercising the rights listed below (unless, in very limited cases, the applicable law provides otherwise):
- Right of access: you can get a copy of your personal data that we store in our systems and a list of purposes for which your personal data is processed;
- Right to rectification: you can rectify inaccurate personal data that we hold about you;
- Right to erasure (‘right to be forgotten’): you can ask us to erase your personal data from our systems;
- Right to restriction: you can ask us to restrict the processing of your personal data;
- Right to data portability: you can ask us to provide you with a copy of your personal data in a structured, commonly used and machine-readable format and move that personal data to another processor;
- Right to object: you can ask us to stop processing your personal data;
- Right to withdraw consent: you have the right to withdraw your consent if you have provided one; or
- Right to complaint: you can submit your complaint regarding our processing of your personal data.
How to exercise your rights:
If you would like to lodge a complaint about the way in which we process your personal data, we kindly ask you to contact us first and express your concerns. If we receive your complaint, we will investigate it and provide you with our response as soon as possible. If you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with your local data protection authority.
We do not discriminate against you if you decide to exercise your rights. It means that we will not:
- Deny any goods and services,
- Charge you different prices,
- Deny any discounts or benefits,
- Impose penalties, or
- Provide you with lower quality services.
Postal address: Pivotal Accessibility, B-1/401, Janakpuri, New Delhi, 110058, India.