EFFECTIVE DATE: 1/08/2020, LAST UPDATED: 10/05/2021
Pervasive Mind complies with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), We are as well committed to subjecting all Personal Data received (as well as from European Union (EU) member countries, EEA (European Economic Area) and Switzerland, in reliance on the GDPR as mentioned above.
4. Questions and concerns
If you have any questions or concerns, or if you wish to access, update, amend, correct or delete, any of your Personal Data we store and process, please contact us at [email protected] (or via support e-mail of the Service you use) or by postal mail at: Pervasive Mind Attn: Roncesvalles 6144, Las Condes, Santiago, Chile.
5. What information we collect
- Provided data
- The purpose of gathering and processing Personal Data and other information by Pervasive Mind is:
- to provide, maintain and facilitate the Services as well as to ensure safe and guaranteed Service performance, upgrade and improve the functionality of the Services,
- to provide Customer with access to its Personal Data and maintain this access via standard API methods for the duration of paid usage of Services (active subscription) as well as after the subscription is expired (inactive subscription), until the Service is fully terminated by a written request (in accordance with the Agreement),
- to secure (establish, investigate or defend) Customer’s, as well as Company’s claims that may arise due to the Services,
- to stay connected with the Customer to present an up-to-date offer of Services and instructions or tips related to the Service.
- Personal Data and other Customers’ information collected by Pervasive Mind is used in order to complete registration (create an Account/License) and at the same time to ensure Customers’ access to Pervasive Mind ’s Services. While registering on one of our websites related to our Services (https://m4s.b90.myftpupload.com, https://omnitok.com), we request that you provide us with such information as first name, last name, company name, address, website address, e-mail address and credit/payment card information in the event when a Customer continues to use our Services after free of charge trial period. Unless the Customer decides to use our Services after a free trial period, credit/payment card information is not required. We also collect other information (including Personal Data) provided by Customer while using our Services. Some of the provided information such as an IP address, domain, browser type, operating system type, etc. may be automatically acquired when a user visits our websites. When contacting Pervasive Mind the Customer may be requested to render accessible analogical data to those provided while registering on our website. We may also collect information (including Personal Data) provided by Customer and related to Customer’s Agents (people employed to operate the Service), and End-users Personal Data provided in a Pre-chat survey. We also store the chat content. Please note that as you insert data (including Personal Data) through the Service to the system, you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing of such data to Pervasive Mind Details of your liability for the aforementioned data you can find in Terms and Conditions.
- Personal Data provided in connection with the correspondence between the Customer or Visitor and Pervasive Mind shall be used strictly to reply to inquiries or to transfer information. We use the information you provide us (including Personal Data) in order to provide you with customer service, allowing you to view moves made by you or your Agents. When using the support section of our websites we may collect the email address, name or openID account for the purpose of allowing contact with our support team. We do it regardless if you are a Visitor, End-User or a Customer. When using our Services we may collect device information such as device type, operating system type and application version. We use this information in order to provide an optimized version of our applications for your device type. Please be aware we also collect and process data related to the use of our software and Services by our Customers and their customers (End-Users). We use such data for statistics purposes. We may use it also to improve our Services or to create and improve new services. We collect and process such data collectively and anonymously.
- Categories of data subjects. Data subjects include Customers, Customer’s representatives and End-Users, as well as employees, Agents, contractors, collaborators. Data subjects may also include individuals attempting to communicate or transfer personal information to Customers. The data subjects exclusively determine the content of data submitted to the Company’s Service.
- Types of Personal Data. The Personal Data processed by the Company includes email address, first name and last name, address, title, contact details, username, chat history, financial information (credit card details, account details, payment information); employment details (employer, job title) and other data in an electronic form provided to the system in the context of the Services.
- Consent for processing and transferring Personal Data. The Customer hereby agrees and warrants that the processing, including the transfer of its Personal Data (including the Personal Data provided to the Company’s system through the Customer’s Account), has been and will continue to be carried out in accordance with the relevant provisions of the applicable Data Protection Laws (and, where applicable, has been notified to the relevant authorities of the Member State where the Company is established or has its representative) and does not violate the relevant provisions of that Member State.
- Profiling Personal Data. By using our Services the Customer gives its consent to the profiling of Personal Data that was given to the Provider, for the purpose of proper maintenance and providing the Service to the Customer. The Customer agrees that the profiling of the Personal Data shall serve, in particular, the purpose of providing the Customer with content that is accurate and consistent with the scope of the Service used by the Customer. The Customer acknowledges that it has the right not to be profiled. In such cases the request can be made at any time at [email protected]. The Parties undertake reasonable steps and efforts to eliminate profiling however in case of withdrawing the consent, the Customer is aware and acknowledges that it is tantamount to the lack of possibility to provide the Services. Withdrawing the consent is tantamount to the termination of the Agreement.
- Data profiling consists, among others, in:
- providing the user with materials such as the newsletter in accordance with the user’s location (other newsletters are sent e.g. to Europe and other to Asia),
- providing the Customer with the right content, depending on whether the Customer uses the trial or paid version of the Service.
- Return or destruction of Personal Data. At Customer’s election, made by written request to the Company, the Company will and shall procure that all Sub-processors:
- return a complete copy of all Customers Personal Data to the Customer,
- or delete and procure the deletion of the Customers Personal Data Processed by the Company or any Sub-processor. The Company will comply with such a written request within 30 days, unless it is unworkable due to the purposes of processing or due to technical issues.
- Retention of Copies. The Company may retain Personal Data to the extent required by applicable law and only to the extent and for such period as required by such laws and always provided that the Company shall ensure the confidentiality of all such Customer Personal Data and shall ensure that such Personal Data is only processed as necessary for the purpose(s) specified in such law requiring its storage and for no other purpose. The Customer agrees that after the termination or expiration of the Agreement its data may be stored as a backup for the time needed to secure (establish, investigate or defend) Customer’s and Company’s claims that may arise due to the performance of the Services (for the time it takes for the claims to be barred).
- Data Protection Officer is Pervasive Mind, Roncesvalles 6144, Las Condes, Santiago, Chile, email: [email protected]
- The purpose of gathering and processing Personal Data and other information by Pervasive Mind is:
- Geo-Location data. Please be aware Pervasive Mind may have access to your geo-location data as we collect and process IP addresses of all devices you use Pervasive Mind’s software on. Collecting and processing your geo-location data refers to mobile devices as well as computers. It happens regardless you are a Visitor or a Customer.
- Communication. We will occasionally send you push notifications in order to make you aware of any outages of Service. You may opt-out of receiving these types of communications by turning off push notifications at the device level. We may also send you some emails from our blog. If you wish not to receive such notification you have an option to ‘unsubscribe’ this type of communication anytime. We will also send you notifications related to some important updates of our Services. The purpose of sending you such emails or messages is to keep you informed of the latest improvements, features and other developments. From time to time in specific situations, we may also send you some other messages, notifications or text messages. Users who leave their contact details while accessing particular sections of our website might receive additional messages not described above.
- Customer gives Pervasive Mind and its affiliates royalty-free and unlimited in time consent to use the Customer’s company name, logos and other identifying information for marketing and promotional purposes in internal or external media (including but not limited to displaying on the Company’s websites) and other purposes connected with presenting up-to-date offers.
- Third-party Personal Data:
- As you are using our Services, you may click through certain links or promotions that will enable you to purchase our Services or use out Services provided by promotional partners or other sites or commerce providers. Some of those entities may share with us certain information (including Personal Data) that you provide to them. By clicking through to those links or promotions, you agree to allow us to receive and use any information (including Personal Data), except for credit card information (account number, expiration date) that you may provide to such entities, under the same terms as if you provided it to us directly.
- We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual Customers, we may tie this information to the personally identifiable information they have provided to us.
- Clear Gifs (Web Beacons/Web Bugs) and WebStorage. Our third party tracking-utility partners employ a tracking software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) and WebStorage that help us better manage content on our websites by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our websites users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our Customer’s Personal Data.
- Mobile analytics. We use mobile analytics software which allows us to better understand the functionality of our mobile software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to Personal Data you submit within the application.
- Comment system. In order to post comments on our websites (i.e. our blogs) you must sign into Facebook, Twitter, Disqus or Google, as we use ‘social-media plugins’ to allow Visitors and Customers to leave comments on our blogs. No Personal Data is tied to your posts. You subscribe to our blogs by providing your email address. We will only use this Personal Data to send you an email notification when new blogs have been posted and when users comment on a blog that you previously have commented on. We will not use this information for any other purpose. You have the opportunity to opt-out from our blog e-mails by using the ‘unsubscribe’ button.
- Facebook Connect and other OpenID providers. Depending on the Service you use you may have the possibility to log in to our live chat customer support feature using sign-in services such as Facebook Connect and other OpenID providers. These services will authenticate your identity and provide you with the option to share certain Personal Data with us, such as your name and email address to pre-populate our chat form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
6. Data disclosure
- Pervasive Mind’s main purpose of gathering Personal Data and other information is to maintain Services, ensure safe and guaranteed Services performance for its Customers, upgrade and improve functionality of its Services. Owing to the above process we exceed our Customers’ expectations, we provide a constant development of our Services the use of which becomes much easier and more convenient. In order to ensure orderly and safety functioning our Services we cooperate and use software of other entities providing services (described below). We do not sell or lease your Personal Data to any third party. We will never share, sell, rent or trade your registration and Personal Information with any marketing or promotional partners without your consent. The following are exceptions, with respect to whom we may share your Personal Data:
- Pervasive Mind reserves the right to disclose Personal Data to any of its parent, subsidiary, affiliated or successor company.
- Credit/payment card data provided by the Customer are disclosed solely to professional companies that conduct non-cash transactions and only to the extent necessary to effect the payments. Except for the above situations Pervasive Mind shall not disclose any information or personal data provided by Customer.
- You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, or governmental authorities may have the authority under certain circumstances to permit your Personal Information to be shared or transferred to third parties (other than Third Party Service Provider) without your permission.
- Personal Data and other information provided by Customer shall not be disclosed to third parties unless the obligation to disclose the information to third parties results from the currently effective provisions of law, such as to comply with a subpoena, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, or if it is necessary for the Pervasive Mind’s security and the protection of its rights, including the protection against the claims submitted by the third parties. The provided Customer’s information (including Personal Data) may be utilized in the event of breach of Terms and Conditions for the use of Services, misuse of funds, the necessity to take action against all Customer’s unlawful actions. Pervasive Mind shall transfer no information or Personal Data to any third parties for marketing purposes. Pervasive Mind reserves the right to use the provided Personal Data for the marketing purposes and other purposes connected with presenting an up-to-date offer of Services and instructions or tips related to Services in direct contacts with the Customer. You may opt-out from such emails at any time by following the unsubscribe instructions located at the bottom of each communication or by emailing us at [email protected] (or via support e-mail of the Service you use).
We will always give you an opportunity to choose opt-out before your Personal Data is (1) disclosed to a Sub-processor (other than Pervasive Mind’s representatives doing work at our direction, or a third party affiliated or associated with Pervasive Mind and connected with providing services and its current business activity), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorized by you. The only exception to this choice for Personal Data would be where we are required to disclose your Personal Data pursuant to a governmental, police or judicial order, law or regulation to meet national security or law enforcement requirements. We will enable our Customers to provide individuals with reasonable mechanisms to exercise their choices. To limit the use and disclosure of your Personal Data, please submit a written request by emailing us at [email protected] (or via support e-mail of the Service you use).
8. Accountability for Onward Transfer
9. Sub-processors (third party service providers)
We guarantee that we take reasonable and appropriate technical and operational measures to protect your Personal Data we collect and hold them from loss, misuse and unauthorized access, disclosure, alteration, and destruction. While processing Personal Data we take into due account the risk involved in the processing and the nature of the Personal Data.
11. Data Integrity and Purpose Limitation
Pervasive Mind will only collect and retain Personal Data which is relevant to the purposes for which the Personal Data is collected, and will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by the Customer. Pervasive Mind will take reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We may occasionally contact you to determine that your Personal Data is still accurate and current.
Each data subject has the right to access, correct, amend, block or delete its Personal Data. The Company shall comply with any commercially reasonable request by Customer to correct, amend, block or delete Customer’s Personal Data, as required by Data Protection Laws, to the extent the Company is legally permitted to do so. If you wish to access, amend, or confirm that Pervasive Mind has Personal Data relating to you, or if you wish to correct or delete your Personal Data if it is inaccurate, please notify us at [email protected] (or via support e-mail of the Service you use). If your Personal Data changes, or if you no longer desire our Services, you may correct, update, delete inaccuracies or request deactivation of your account by making the change within the ‘my profile’ section of the site or by emailing us at [email protected] (or via support e-mail of the Service you use). We will respond to your access request within 14 days. To request removal of your personal data from our testimonials or customer support forum, please contact us at [email protected] (or via support e-mail of the Service you use). In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.
13. Recourse, Enforcement and Liability
From time-to-time, we may provide you with the opportunity to participate in a survey within our applications or via email. If you participate, we may require your name, last name, email address or other data. Participation in these surveys is completely voluntary and you, therefore, have a choice whether or not to disclose this information.
We allow Customers to integrate their Services with third-party add-ons. Please be aware that Pervasive Mind is not responsible for any information or Personal Data that may be collected through such third-party add-ons.
16. Personal Data protection
Pervasive Mind applies technical safety measures of the highest standards to protect the provided Personal Data against loss, destruction, misuse, unauthorized access or disclosure. The used measures and technology ensure complete safety of the Personal Data provided by the Customer or other data subject. The Personal Data is available solely to the Customer or to a person indicated by the Customer and provided that authorized access has been granted to such person. The Customer controls who is allowed to access . Pervasive Mind follows generally accepted industry standards to protect the Personal Data both during transmission and once received by the Company. No method of data transmission over the Internet, or method of electronic storage, is 100% secure.. Therefore the absolute security can not be guaranteed. No data transmission via the Internet, however, can guarantee 100% safety. However Pervasive Mind takes all necessary steps and measures to update and modernize its data protection system. The transmission of most information is encrypted by using secure socket layer technology (SSL).
18. Data gathering entity
Conducting its activity, under the business name of Pervasive Mind with its office Roncesvalles 6144, Las Condes, Santiago, Chile, shall be the entity gathering Personal Data and other information.
19. Commercial transactions
We may post Customers’ testimonials on our websites which may contain Personal Data. We do obtain the Customer’s consent prior to posting the testimonial to post their names along with their testimonials.
21. Community forum
Our websites may offer publicly accessible forums. Please be aware that any information provided in these areas may be read, collected, and used by others who access them.
22. Link to Other Sites
23. Terms and Conditions
By using offered Services rendered by Pervasive Mind, the Visitor and the Customer are obliged to comply with the rules contained in the Terms and Conditions available on our websites.