With these updates, FocalCXM reaffirms its commitment to safeguarding the personal data of our customers, contacts, and anyone who visits our websites. FocalCXM has three core privacy principles:
- Accountability through awareness
- Empowering individuals with decision making
- Protecting and safeguarding information.
We embrace privacy by design, which means our teams actively design and build features with privacy considered alongside innovation and functionality.
Here are some highlights of the changes we’ve made and have embarked on:
2. If you, or your use of FocalCXM, are subject to EU data protection law (including the GDPR), we’ve updated your obligations when using FocalCXM to reflect the new requirements under the GDPR.
We’ve reaffirmed FocalCXM’s commitment to the responsible collection, use, transfer, disclosure, and management of your personal information.
As our company grows and evolves, we’ll continue to focus on strengthening and improving our privacy practices and tools, for the benefit of our members, contacts, and website visitors.
Thank you for using FocalCXM.
– The FocalCXM Legal Team
If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the end of Section 5.
A. About Us
Focal is a Software Product Development Services company headquartered in the State of Virginia in the United States (“we,” “us,” “our,” and “FocalCXM”).
We offer three services:
- Software as a Service: This is our own IP that our customers use to simplify their operations.
- CRM Managed Services: We have a team of CRM ninjas who are passionate about helping our customers.
- Custom Application Development: These are services that we offer depending on the customer needs.
B. Key Terms
“Contact” is a person a Mmember may contact through our Services. In other words, a Contact is anyone has given us information. For example, if you are a Member, a subscriber to your email marketing campaigns would be considered a Contact.
“Distribution List” is a list of Contacts a Member may upload or manage on our platform and all associated information related to those Contacts (for example, email addresses).
“Member” means any person or entity that is registered with us to use the Services.
“Personal Information” means any information that identifies or can be used to identify a Member, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
“Visitor” means any person who visits any of our Websites.
“you” and “your” means, depending on the context, either a Member, a Contact, or a Visitor.
2. Privacy for Members
This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Services. If you are not a Member, the Visitors or Contacts section of this policy may be more applicable to you and your data. In this section, “you” and “your” refer to Members and potential Members.
A. Information We Collect
The Personal Information that we may collect broadly falls into the following categories:
(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your electrnoic account with FocalCXM), or communicate with us in any other way.
(iii) Information we collect from other sources: From time to time, we may obtain information about you or your Contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.
B. Use of Personal Information
We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:
To bill and collect money owed to us by you.
To send you system alert messages.
To communicate with you about your account and provide customer support.
To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
To provide, support and improve the Services. For example, this may include sharing your or your Contacts’ information with third parties in order to provide and support our Services or to make certain features of the Services available to you.
To provide suggestions to you.
For our data analytics projects. Our data analytics projects use data from FocalCXM accounts, including Personal Information of Contacts, to provide and improve the Services. We use information like your sending habits and your Contacts’ details and purchase history, so we can make more informed predictions, decisions, and products for our Members. If you or your Contact prefers not to share this data, you can alter the security settings on your account (as described here) to opt out of data analytics projects, or your Contact can opt out of data analytics projects at any time by emailing us at firstname.lastname@example.org.
Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.
C. Cookies and Tracking Technologies
We may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels.
D. Distribution Lists
A Distribution List can be created in a number of ways, including by importing Contacts, such as through a CSV or directly from your email client. Your Distribution Lists are stored on a secure FocalCXM server. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. You may export (download) your Distribution Lists from MailChimp at any time.
If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.
E. Other Data Protection Rights
You and your Contacts may have the following data protection rights:
To access, correct, update or request deletion of Personal Information. FocalCXM takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a Member, you can manage many of your individual account and profile settings within the dashboard provided through the MailChimp platform, or you may contact us directly by emailing us at email@example.com.
In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided in the “Questions and Concerns” section below. If any of your Contacts wishes to exercise any of these rights, they should contact you directly, or contact us as described in the “Privacy for Contacts” section below.
Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within the FocalCXM platform to ensure that you only market to Contacts who have not opted out of receiving such marketing.
The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.