Privacy Policy

Breakout Software Limited (“We” or “we”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use https://www.clulio.com/terms and any other documents referred to in it) (the “Terms of Service”) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting clulio.com (“our site”) you acknowledge and agree to the practices described in this policy in respect of the use of your personal data. Unless otherwise defined, defined terms in this Privacy Policy have the definitions given to them in the Terms of Service.

1. Who We Are

We are Breakout Software Limited, a company registered in England and Wales.

Our registered address is Postbox 02, Scottow Enterprise Park, Lamas Road, Badersfield, Norfolk, United Kingdom, NR10 5FB.

2. How We Use Your Data

2.1. When you use the Clulio Service or our site (clulio.com)

2.1.1. We need to process your personal data in order to facilitate access and use of the Service you have contracted with us to provide, this will include:

• When you sign up for an account to use our Service you will need to provide your email address, name, address and company name for us to create your account. You may also need to provide your payment information for billing purposes.
• We may send you service-related communications for the Services.

2.2. Marketing

2.2.1. We do not currently send marketing communications. If this changes, we will update this Privacy Policy and gain your consent before sending you marketing communications.

2.3. If our business is sold

2.3.1. We will transfer your personal data to a third party:

• If we sell or buy any business or assets, we will provide your personal data to the seller or buyer (but only to the extent we need to, and always in accordance with data protection legislation); or
• If Breakout Software Limited or the majority of its assets are acquired by somebody else, in which case the personal data held by Breakout Software Limited will be transferred to the buyer.

2.3.2. We process your personal data for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal data in this way, the relevant seller or buyer of our business may not be able to provide services to you.

2.4. In certain circumstances we may need to disclose your personal data to third parties:

2.4.1. In some circumstances we may also need to share your personal data if we are under a duty to disclose or share it to comply with a legal obligation such as:

• To enforce or apply our Terms of Service; or
• To protect the rights, property, or safety of Breakout Software Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

2.4.2. We may also need to share your personal data with selected third parties including business partners, suppliers and subcontractors (including our payment processors, data storage and hosting service providers) for the performance of any contract we enter into with them or you.

2.4.3. We may need to do this to allow us to provide the Service to you or to improve our site.

3. What About Technical Information and Analytics?

3.1. Information we collect about you:

3.1.1. When you visit our site or use our Service we will automatically collect the following information:

• 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 platform;
• Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), page response times and download errors; and
• We may also collect and store any phone number used to contact our customer service number, along with the content of any communications.

Other than data storage and hosting service providers; the third parties that may receive this data are:

• Sentry (Functional Software, Inc)
  For the purpose of logging errors
  Data is retained for 90 days, personal and sensitive data is not collected
  Sentry is based in the U.S. and compliant with the E.U. - U.S. Privacy Shield
  https://sentry.io/privacy/
• Twilio (Twilio, Inc)
  For the purpose of customer service calls and texts
  Data (your phone number and any communications) is only sent when communicating with our customer service number
  Twilio is based in the U.S. and compliant with the E.U. - U.S. Privacy Shield
  https://www.twilio.com/legal/privacy
• Stripe (Stripe, Inc)
  For the purpose of processing payments
  Stripe is based in the U.S. and compliant with the E.U. - U.S. Privacy Shield
  https://stripe.com/en-gb/privacy

3.2. Information we receive from other sources:

3.2.1. Other than metadata from the third parties listed above, we do not collect or store data about you from other sources.

4. Cookies

4.1. Our website uses cookies to distinguish you from other users of our website. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

5. Communications

5.1. This section explains how we will ensure you only receive communications that you want to receive.

5.2. Email marketing:

5.2.1. We do not send email marketing.

5.3. Service communications:

5.3.1. We may send you communications such as those which relate to any service updates (e.g. in relation to billing). We consider that we can lawfully send these communications to you as we have a legitimate interest to do so, namely, to effectively provide you with the best service we can and to comply with payment regulations.

6. Where Is My Data Stored?

6.1. Personal data may be processed in the European Economic Area (EEA) or in the US by our third party data storage and hosting providers.

6.2. Whenever we transfer your personal information outside the EEA, we ensure it is protected by making sure that at least the following safeguard is in place:

• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

6.3. All information you provide to us is stored on our secure servers or those of our third party data storage providers.

6.4. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

6.5. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. How Long Do We Retain Your Data For?

7.1. We may collect and store for up to 14 calendar days the IP address of your browser or device of those of an End User that connects to the Service. We may collect, use and store your IP addresses to track usage of our customer dashboard to monitor potential issues and abuse of the Service. To the extent that any Content includes Personal Data, this may also be processed during the Term, solely for the purpose of us providing the Service to you.

7.2. We may store personal data processed when you sign up for the Service or for any other reason (such as where you have contacted us with a question in connection with the Service) for as long as you have an account with Clulio. If you terminate your account, or your account becomes inactive (we deem accounts that have seen no activity for a period of longer than 12 consecutive months as inactive), we will store personal data processed when you sign up for the Service or for any other reason for a period of 1 year from the date your account was either terminated, or became inactive.

7.3. Your right to object under data protection laws

7.3.1. You have the right to object to us handling your personal data when:

• We are handling your personal data based on our legitimate interests (as described in the “How do you use my data?” section above). If you ask us to stop handling your personal data in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal data should continue; or
• We are handling your personal data based on our legitimate interests (as described in the “How do you use my data?” section above). If you ask us to stop handling your personal data in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal data should continue; or

7.4. What are my rights under data protection laws?

7.4.1. Right of access

• You are entitled to receive confirmation of whether your personal data is being processed by us, as well as various other information relating to our use of your personal data. You also have the right to access your personal data which we are handling. You can exercise this right by contacting us at [email protected]

7.4.2. Right to rectification

• You have the right to require us to rectify any inaccurate personal data we hold about you. You also have the right to have incomplete personal data we hold about you completed, by providing a supplementary statement to us.

7.4.3. Right to restriction

• 7.4.3.1. You can restrict our processing of your personal data where:

  • You think we hold inaccurate personal data about you
  • Our handling of your personal data breaks the law, but you do not want us to delete it
  • We no longer need to process your personal data, but you want us to keep it for legal reasons
  • We are handling your personal data because we have a legitimate interest (as described in the “How We Use Your Data” section above), and you are in the process of objecting to this use of your personal data

  7.4.3.2. Where you exercise your right to restrict us from using your personal data, we will then only process your personal data when you agree, except for storage purposes and to handle legal claims.

7.4.4. Right to data portability

• You have the right to receive the personal data we hold about you in a structured, standard machine-readable format and to send this to another organisation controlling your personal data. This right only applies to your personal data that we are handling because you consented to us using it or because there is a contract in place between us.

7.4.5. Right to erasure

• 7.4.5.1. You have the right to require us to erase your personal data which we are handling in the following circumstances:

  • We no longer need to use your personal data for the reasons we told you we collected it for
  • Where we needed your consent to use your personal data, and you have withdrawn your consent and there is no other lawful way we can continue to use your personal data
  • You object to our use of your personal data, and we have no compelling reason to carry on handling your personal data
  • Our handling of your personal data has broken the law
  • We must erase your personal data to comply with a law we are subject to

7.4.6. Right to complain

• You have the right to lodge a complaint with the Information Commissioner's Office, the supervisory authority for data protection issues in England and Wales.
• You can also exercise these rights by contacting us at Breakout Software Limited at Postbox 02, Scottow Enterprise Park, Lamas Road, Badersfield, Norfolk, United Kingdom, NR10 5FB or by emailing us at [email protected].

8. What About Websites We Link To?

8.1. Our site may, from time to time, contain links to and from other websites. Our site connects you to different websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

8.2. IMPORTANT NOTICE - INFORMATION UPLOADED OR TRANSMITTED AS PART OF THE SERVICE

8.2.1. You or End Users of the Software may upload and transmit Content as part of the Service that contains personal data relating to you or other individuals. We do not view, store or control such Content and simply transmit the Content on behalf of you or the End User of the Software in accordance with our Terms of Service. Access to this Content is restricted unless strictly necessary by Clulio for troubleshooting purposes and may only be accessed by us for troubleshooting purposes or by you if you are authorised to do so. You expressly acknowledge that you or the person uploading the Content (as applicable) retain sole responsibility for the Content and for obtaining all relevant consents, from the individual to which any personal data contained within the Content relates, to the processing of that personal data as part of the Service, and that such personal data is not covered by this Privacy Policy. Content may be processed in the EEA or in the US, depending on the location of the server cluster the operator of the Application has elected as part of the Service. It is the responsibility of you as an individual or the entity that you represent to ensure that it has a suitable Privacy Policy in place to cover the transmission and processing of the Content and any personal data that it contains.

9. When Will You Change Your Privacy Policy?

9.1. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.