Privacy Notice

The purpose of this Privacy Notice is to inform you about the personal data that we may collect about you, how we use it and what legal rights you have regarding your personal data. This privacy notice is in accordance with the EU General Data Protection Regulation and the UK General Data Protection Regulation.

Who is legally responsible for handling your personal data and who can you contact about this?

In data protection law terminology, this is the “controller”, namely: Memocule OÜ Tornimäe tn 5, Tallinn, Estonia

Scope of this Notice

Memocule OÜ and affiliates (collectively, ”Memocule” or “we,” “us” or “our”) respect your privacy. This “Privacy Notice” informs you of our privacy practices and how your personal information is collected and used by us, and it also informs you of your rights and the options available to you. Where we determine the purposes and means of processing personal information, we act as the data controller. For users located in the European Economic Area (“EEA”), the term personal information used in this Privacy Notice is equivalent to the term “personal data” under the General Data Protection Regulation (“GDPR”). For users located in the United Kingdom (“UK”), the term personal information used in this Privacy Notice is equivalent to the term “personal data” under the UK General Data Protection Regulation (“UK GDPR”).

Memocule (and the vendors and other parties we use to perform services on our behalf) may collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us.  Pursuant to data protection laws, we process your personal information where we have a legal basis to do so. The legal basis depends on the reason(s) necessary to process your information, as set out below.

• When you raise a query through our website. For example, on our “Contact Us” form, “Request a Demo” form, or other similar online form. We may collect your name, email address, account username and password, alias, social media account handles, phone number, date of birth and mailing address. We may also collect this information via our online chat, and where you use the chat to book a meeting and/or request a demo. We collect this personal information because it is in our legitimate interests to manage your query properly.
• When you call us. We may record audio during the call because it is in our legitimate interests to have a record of the call and to use the call records to make improvements to our services.
• When you use our websites, we may collect information about the browser, device and operating system you are using, device identifiers, and your internet protocol (IP) address, which enables us to identify your general location, in our legitimate interests to administer our websites, troubleshoot issues and help keep our website secure.
  We do not use non-essential cookies and other tracking technologies (such as web beacons, tags, and pixels).
  With your consent, we may also embed tracking technologies in emails and other communications we or our vendors send to you to help us understand how you interact with those messages, such as whether and when you opened a message or clicked on any content within the message.
• When your devices connect to, or are detected by, the wireless networks at our office(s). We may also collect information from your devices because it is in our legitimate interests to protect our networks. We may engage or otherwise permit other parties to also collect information in these ways.
• When you use our services. We collect personal information such as your name, email address, postal address, phone number, and job title, in order to provide you with services (which may include support and professional services etc.) to fulfil our contract with you, including to set up and administer your account, for billing purposes, and to send to you technical alerts, updates, security notifications, and administrative communications. For paid services, we may collect your credit and debit card, bank account information, and other payment details if you make a purchase or sign up for or through some of our services to fulfil our contract with you. We may also require a form of government identification to verify it’s you. We also process this personal information where we need to comply with a legal or regulatory obligation, such as maintaining our records, undertaking compliance checks, or screening and recording (e.g. pursuant to applicable anti-money laundering, financial and credit checks, fraud and crime prevention and detection, or trade sanctions and embargo laws). 
• When you subscribe to mailing lists. You may wish to subscribe to our publications, newsletters and whitepapers without becoming a user of our services. To do so, you will need to create a “profile,” which involves providing us with your name and email address. We process this personal information relying on your consent. You can manage your subscriptions by subscribing or unsubscribing (withdrawing your consent) at any time. If you have any difficulties managing your email or other communication preferences, please contact us.
• When your employer is a user of our services or signs you up for training, certification, support, or an event. We might collect your name and contact information to provide our services under the contract we have with your employer. Our third-party partners may also disclose your personal information to us when you sign up for services through that partner.
• We, or our partners, might also collect personal information from publicly or commercially available sources, such as LinkedIn. Such personal information may include your name, address, email address, preferences, interests, and demographic data. We process this personal information because it is in our legitimate interests to send targeted marketing and make improvements to our service offering. When we use the advertising tools of these online platforms, we are both responsible for your information. You can ask these companies directly about their use of your data. 
            
• To investigate issues.  We may process any personal information you provide to us to address disputes, claims, assess the capacity of persons demonstrating legal authority to act on your behalf, and investigate and prevent fraudulent activities, unauthorized access to the services and other illegal activities.
• To develop and improve our services. When we process publicly available documents to improve our services, including to train our machine learning models. We may, as an ancillary part of this processing, process personal data contained within these documents, which may include information such as names, addresses and job titles, because it is in our legitimate interest to develop and enhance our service offerings. 

We will only use your personal information 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 receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details provided at the top of this Privacy Notice.

Automated decision making

Your personal information is not used in any automated decision making (a decision made solely by automated means without any human involvement).

Keeping your information up to date

If any of your personal data (such as your contact details) changes, please ensure that you let us know so that the information we have about you is kept up to date.

What happens if you do not give us your personal information or if you withdraw consent

Much of the information on our website is available to those who are not our registered users. However, some of your personal information is necessary so that we can supply you with the products or services you have requested and for verification purposes. Therefore, if you do not provide us with the personal information we need, (or if you do so on the basis of your consent and subsequently withdraw it), then we may be unable to supply you with the requested products or the services.

Who we disclose your information to

• We may disclose your personal information with our affiliates and business units.
• Our service providers: We transfer personal information to service providers who perform tasks on our behalf. These companies include our payment processing providers, analytics companies, product feedback or help desk software providers, marketing service providers, revenue intelligence providers and email service providers. We analyse how our customers use our products and services, to assist us with product insights and improvements. Where you provide your feedback within our products, we may reach out to you for further information to help to resolve your issue.   Where we receive your personal information and subsequently transfer that personal information to a third-party agent or service provider for processing, we require them to have sufficient guarantees in place to protect the privacy and confidentiality of the personal information.
• Partners; We may share your personal information with specific partners that offer supplementary services to those provided by us, such as partners that offer implementation and/or adoption services, or that resell our services.
• Business transfers: We may disclose your personal information as a part of a transaction, financial, due diligence or for other business needs because it is in our legitimate interests. We may also receive customer information in connection with the evaluation of and entry into a transaction to acquire another business. Also, if we are acquired, go out of business, enter insolvency or go through some other change of control, your personal information could be transferred to or acquired by a third party. We will seek appropriate protection for personal information in these types of transactions.
• Advertising networks and analytics service providers: We compile information about our customers and website visitors and disclose that data to our third- party marketing and analytics services providers to assist us with insights, marketing and promotional content. Our websites may interface with social media sites such as Facebook, LinkedIn, X and others. If you choose to “like” or share information from our websites through these services, you should review the privacy notice of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your site visit to your personal information.     
• Public authorities: Personal information may also be disclosed to courts, law enforcement, regulatory, or other government agencies, in each case to comply with our legal obligations.

Retention

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes for which we collected it. This includes satisfying any legal, regulatory, tax, accounting or reporting requirements. 

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of that information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

International data transfers of your personal information

Personal information we collect from you will be primarily processed in the EEA, the United States and the UK. To facilitate our operations, we may transfer and access such personal information from around the world, including from other countries in which Memocule has operations for the purposes described in this Privacy Notice. We ensure that an adequate level of protection is provided for the protection of personal information by only transferring personal information to countries or territories that are covered by adequacy decisions (i.e., the relevant bodies have decided that these countries ensure an adequate level of protection of your personal information) or subject to an equivalent framework.

Your rights

Depending on your location and where the processing of personal information takes place, you have one or more of the following rights in relation to your personal information:

• Right to withdraw consent: Where we handle your personal information on the basis of consent that you have given, you may at any time withdraw this. Please note that, if you do so, we will no longer be able to provide services to you that are dependent on you giving this consent to us.
• Right of access: You can request that we disclose to you the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting, selling or sharing the personal information, the categories of third parties to whom we disclosed the personal information, and the specific pieces of personal information we collected about you.
• Right to rectification: You can request that we complete or correct inaccurate personal information that we maintain about you, subject to certain exceptions.
• Right to erasure: You can ask us to delete your personal information, subject to certain exceptions (but note this that this right will not apply where it is necessary for us to continue to use the relevant personal information for a lawful reason).
• Right to restriction of processing: You can request that we restrict or suppress the processing of personal information, including our use and disclosure of sensitive personal information.
• Right to object to processing: You can object to processing where there is a compelling reason to do so and for any marketing related processing, including profiling for marketing purposes;  
• Right to data portability: You can obtain and reuse personal information for your own purposes and, where our legal basis for processing that information is your consent or our performance of a contract, you can ask to receive this in a structured, commonly used, and machine-readable format (but note that this right does not apply to personal information contained only in hard-copy records).

There are some exceptions to the rights listed above and, although we will always try to respond to any instructions you may give us about our handling of your personal information, there may be situations where we are unable to meet your requirements in full. In order to exercise the rights relevant to you set out above, please contact us.

Security of your personal information

To help protect the privacy of personal information you transmit to us, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal information to those employees who need to know that personal information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your personal information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.