This Policy describes the principles of processing of Personal Data that is submitted to Invita or that otherwise becomes available to Invita in connection with use by the Clients and other users of the Website, Software and Services.
This Policy is an agreement between the Clients and Invita, which states how Personal Data submitted by the Clients is processed by Invita on behalf of the Clients.Please read this Policy carefully to understand the practices that Invita applies regarding processing of Personal Data.
This Policy constitutes an integral part of the agreement entered into between the Clients and Invita. By viewing the Website and/or using the Software and Services, the Clients confirm that they have familiarized themselves with this Policy, understood it and agree to its terms. Upon initial registration with Invita , the Clients (via their authorized representatives) also confirm the above-said by clicking on the “Register” button, which declares the Client´s acceptance of and consent to the processing of Personal Data as described in this Policy.
Invita shall be entitled to unilaterally review and amend this Policy from time to time. Therefore, Invita advises to periodically review the Policy in the case of any changes to it. Continued use of the Website, Software and Services means the consent to any such changes.
If the Client or other users do not agree with any or all terms of this Policy or any possible changes to it, then they should immediately close the Website and cease using the Software and Services.
1.1 Client(s) means legal persons, who register themselves on the Website and use it and the Software in accordance with the Terms and this Policy for the purpose of using the Services.
1.2 Data Subjects means all natural persons, whose personal data is submitted to Invita in connection with using the Website, Software and the Services, including recipients of the Services (clients of the Clients).
1.4 Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.5 Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.6 Service(s) means a business text,voice and email messaging service for sending notifications, alerts, reminders, confirmations and message marketing campaigns. Service is rendered via a Website-based different message gateway platform or by using the Software.
Software means web-based interface, mobile app and other downloadable and integrable software developed and maintained by Invita for the purpose of provision of the Services.Invita means a limited liability firm functioning in India with the office at Ist Floor,Sushma Plaza, Labbipet,Vijayawada - 520010 all its affiliates.
Terms means the terms of service of Invita that establish the terms and conditions of using the Website, Software and Services by the Clients and other users.
Website means the website of Invita www.invita.in
Personal Data that Invita Processes. Objectives of Processing of Personal Data
2.1 For the purpose of provision of the Website, Software and the Services, Invita processes the Personal Data that the Clients provide about their own clients, who are the recipients of the Services. The types of such data are not restricted and depend on the decision of the Clients how they want to use the Services and generally include the name, contact telephone number, but may also include e-mails, avatars, country, addresses etc.
2.2 Invita keeps the register of the Personal Data that it processes in accordance with this Policy.
2.3 Invita processes the Personal Data upon:
2.3.1 usage of the Software and Services by the Clients, including when they submit to Invita information about their clients;
2.3.2 communication between Clients and/or Data Subjects with customer support of Invita in connection with the Website, Software and Services;
2.4 Invita works closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive Personal Data from them;
2.5 Invita sends messages to the Clients by electronic means (e-mail or SMS or Voice or any form of messages) with information about improvements of the Website, Software and Services, new proposals and developments (direct marketing). Invita sends such messages to the contact details provided by representatives of the Clients at the moment of registration or updated later. The Clients confirm hereby and guarantee that contact details provided by representatives of the Clients are at all times company details of the Clients, but not personal contact details of representatives and therefore Invita can use such contact details freely to send its marketing messages without any additional obstacles. The Clients may at any time unsubscribe from the newsletters by clicking on the corresponding specific link contained in each newsletter.
3 Legal Basis for Processing Personal Data
3.1 Invita processes Personal Data in accordance with the laws of the location of Invita and its affiliates, where the processing of Personal Data is conducted.
3.2 Invita processes Personal Data submitted to it by the Clients based on the contracts with the Clients for the purpose of using the Website, Software and Services and to the extent that this data is provided by the Clients.
3.3 When using Services for direct marketing, the Clients are responsible for complying with all the legal requirements in connection with direct marketing and data subjects’ rights. Invita is only providing the platform for sending messages, but the Clients are solely responsible for the content of messages sent using the Services.
3.4 Invita processes the personal data only on documented instructions from the Clients. The Clients insert these instructions by using Services (e.g. inserting command to send messages to its clients) and by agreeing with the Policy and Terms. The instructions of the Clients for processing of Personal Data must always comply with the applicable laws and Invita reserves to itself the right to refuse to fulfil the instructions that are in the opinion of Invita unlawful.
4 Transfer of Personal Data to Third Parties
4.1 In the course of providing the Services and access to the Website and Software, Invita uses different third party service providers, to whom it may also transfer Personal Data (herein: Third Parties). By virtue of this clause the Clients are duly informed and expressly authorize, totally or partially, to use the corresponding Third Party service providers and provide Personal Data to them, as it may be required. These service providers include the following:
4.1.1 Server service providers;
4.1.2 Website, Software and Services development services, including software development, analytical data processing and error tracking.
4.1.3 Providers of safety measures, including fraud protection, protection and encryption of Invita traffic, email domain authority detection tool;
4.1.4 E-mail service providers;
4.1.5 SMS sending/receiving service providers;
4.1.6 Voice SMS sending/receiving service providers;
4.1.7 Communication service providers;
4.1.8 Bookkeeping and payment service providers;
4.1.9 Customer support service providers;
4.1.10 Data processing service providers.
4.2 Invita shall inform the Clients of any intended changes concerning the addition or replacement of Third Party processors and give the Clients the opportunity to object to such changes. Invita has the right to stop providing Services to the Clients, who object to the change concerning the addition or replacement of processors.
4.3 Invita has entered into individual service provision contracts with some of the service providers. With others the relationships are based on the general terms of service of these service providers. Prior to entering into relationships with third party service providers Invita makes its best efforts to guarantee that the terms of processing of Personal Data of its partners are in accordance with the principles of this Policy and applicable laws. For this purpose Invita shall carefully review the terms of processing of Personal Data by its partners. Furthermore, Invita carefully screens the on-going relationships with Third Party service providers and in case of their non-compliance shall immediately terminate relationships with them.
4.4 Additionally, Invita may disclose/transfer Personal Data:
4.4.1 under applicable law, including laws outside the locations of Invita, its affiliates or Data Subjects;
4.4.2 to comply with legal processes;
4.4.3 to respond to requests from the public and government authorities including public and government authorities outside the locations of Invita and its affiliates;
4.4.4 to enforce this Policy or Terms, to protect operations, the rights, privacy, safety or property of Invita and/or to pursue available remedies or limit the damages.
4.5 Invita makes its best efforts to limit the amount of Personal Data that it transfers for processing to Third Parties as it is necessary for the provision of specific services or to pursue specific goals.
4.6 The Website and Software may contain links that redirect to other websites. For example, when accessing services of a third party such as Payment Gateways when making a payment. This Policy does not apply to such third party websites, which Invita does not operate, and Invita does not accept any responsibility or liability for these policies. Invita advises to review the privacy policies of those third parties.
5 Safety Measures for Protection of Personal Data
5.1 Invita takes the appropriate legal, organizational and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied to protect Personal Data from involuntary or unauthorized processing, disclosure or destruction.
5.2 Invita stores all Personal Data on secured servers. The security measures include:
5.2.1 Access to the servers is protected with individual accounts, usernames and passwords for each authorized person (Clients);
5.2.2 Invita is keeping track and a log of all activities on the servers;
5.2.3 Access to the servers is restricted in terms of (a) persons, who have access to it, (b) information, to which authorized persons have access according to the essence of their working duties, (c) actions that authorized persons can perform with Personal Data stored on the servers;
5.3 Access for the Clients to the personal cabinets on the Website is protected with individual usernames and passwords. The Clients are responsible for keeping passwords confidential. The Clients are obliged not to share passwords with anyone. In case of suspicion of unauthorized access to personal cabinets of the Clients and/or Personal Data, the Clients are obliged to immediately inform Invita thereof.
5.4 Invita shall ensure that all its employees, contractors, agents, suppliers and consultants, who have access to the Personal Data are fully aware of and abide by their legal duties and responsibilities.
5.5 Employees and other contractors of Invita are obliged by binding agreements not to disclose or make available for use to anyone other than Invita during their agreement with Invita and eternally after its termination any Personal Data that they may have access to during their agreements with Invita.
6 Retention Periods
6.1 Invita shall preserve the Personal Data as long as it is required for the use of the Website, Software and Services by the Clients, but no longer then applicable law permits preservation.
6.2 Invita shall delete the Personal Data submitted by the Clients according to the following principles:
6.2.1 Personal contact data provided by the Clients and messages of the Clients shall be preserved for 30+30 days after the Client has filed a claim to delete such data;
6.2.2 Initial data files submitted by the Clients shall be deleted after 30 days since data is imported to the system of Invita
6.2.3 Attachments that the Clients submit to be sent together with Messages shall be preserved for a maximum of 30 days and then shall be deleted. As attachments the Clients may not upload any Personal Data;
6.2.4 In case of closing an account, the Clients must accept the deletion of contacts and messages.
6.2.5 Contacts will be deleted after 30 days and messages after 30+30 days since the Client has given acceptance for closing an account or Invita has decided to close the Client’s account.
6.3 The Clients confirm that they agree with the provided above retention periods and guarantee to inform and obtain necessary approvals from their clients and representatives for application of such retention periods.