Effective Date: May, 27, 2019
Helpful, Inc. (“Helpful”, “we”, “our” or “us”) develops and operates the Helpful group management platform (the “Platform“), used by various organizations, businesses and community organizers to manage and engage with members of their communities (“Communities“).
We also maintain and operate the website www.helpful.io its subdomains and its related features, such as our blog and newsletters (collectively, the “Site“) as well as the Helpful mobile application (the “App“), and access to the Platform is made possible through both (the Platform, together with the Site and App – the “Services“).
This Privacy Notice describes the personal data we typically receive or collect whenever someone visits our Site or installs and opens our App (a “Visitor“), creates (“Owner“), manages (“Administrator”) or joins (“Member“) a Community, or uses the Platform and engages with other Members of the Community via the various communication features available via the Services. It also describes how and for which purposes we may use such data, where we store and for how long we retain it, with whom we may share it, our use of tracking technologies and communications, our security practices, your choices and rights (whether you are an Owner, Administrator, Member or Visitor, “you“) regarding such data, our roles as “Data Controller” and “Data Processor”, and how to contact us if you have any concerns regarding this Notice or your Privacy.
We strongly urge you to read this Notice and make sure that you fully understand and agree to it. If you do not agree to this Notice, please discontinue and avoid using our Services.
You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience when using our Services.
We collect data regarding users of our Platform, as well as Visitors to our Site and App.
Such data is typically collected and generated through your interaction with our Services, through automatic means or directly from you or your Group Owner or Administrator.
We collect two main categories of data (which, to the extent it may enable the identification of a specific person, or is linked to such identifying data, is “Personal Data“):
- Data automatically collected or generated: when someone visits, interacts with or uses our Services, including any e-mail or text messages sent to them via our Services, we may collect certain technical data about them. We collect or generate such data either independently or with the help of third-party services (as detailed in Section 4 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 5 below).
- Data received from you: you may provide us Personal Data when you create your account and Group user profile (as an Owner, Administrator or Member), such as your name, workplace or community role, contact details (such as e-mail, phone and address), profile image, location, gender, account login details (such as usernames and hashed passwords) (collectively, “Account Data”), as well as any other data you choose to provide when you visit our Services, post and share content with your Group or other Administrators or Members, or when you contact us. You can review this data by visiting helpful.io/profile/ or by contacting email@example.com. Owners may also provide us additional Account Data in order to complete their selected transaction (such as their credit card number and related account and billing information, which we may update from time to time should you grant us permission to bill you for recurring charges), as well as their Community’s information and preferences. To the extent that such information concerns a non-human entity (e.g., a company or business), we do not regard it as “Personal Data” and this Notice shall not apply to it. As the Platform enables Owners and Administrators to require or ask their Members to submit additional Personal Data, and as Owners, Administrators and Members may choose to submit additional Personal Data and share it with their Group or certain other Members, the list above is not exhaustive. We will, however, indicate on the Platform, for each Personal Data parameter, if it is “required” or “optional” for either the adequate performance of our Services or per the Group Owner’s or Administrator ’s requirements.
- Member Data received from Community Owners and Administrators: Community Owners and Administrators may use the Platform to add and invite Members to their Community. When doing so, they may already submit such Members’ Personal Data as listed in paragraph 2 above, in whole or in part, with proper consent from those individuals. Any Group Owner and Administrator doing so are solely responsible to ensure the legal basis and authority for processing such Personal Data, its accuracy and completeness, and for providing sufficient notice and choice to their Members regarding the use of their data. The Community Owner is the “Data Controller” of such data, and Helpful solely acts as their “Data Processor” (as such roles are further explained in Section 9 below).
Using Personal Data
We use personal data in order to provide our services and make them better and safer; in accordance with our contractual obligations towards community owners; to contact our Visitors and users, and in order to comply with applicable laws.
We collect and use Personal Data for the following purposes, in order to facilitate and perform our engagements with our users, in order to comply with the laws applicable to us, and based on our legitimate interests for maintaining and improving our Services and protecting and securing our Services, ourselves and our users:
- To facilitate, operate, and provide our Services;
- To authenticate the identity of our Owners and their Administrators and Members, and allow them access to our Services;
- To provide our Owners and their Administrators and Members with assistance and technical support;
- To further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties;
- To contact our Visitors, our Owners and their Administrators and Members, with general or personalized service-related messages (such as password-retrieval or billing); to contact our Visitors, Owners and Administrators with promotional messages (such as newsletters, webinars, new features etc.); and to facilitate, sponsor and offer certain events and promotions;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services; and
- To comply with any applicable laws and regulations.
Storing and Retaining Personal Data
We may store and process Personal Data subject to this Notice in the USA and other jurisdictions, whether by ourselves or with the help of our affiliates and service providers. We may retain your data as long as you have an active profile account so that we are able to provide you the most relevant asks for help based on past engagement, interests, and Groups. Once you deactivate your account, we will anonymize all personal data within 30 days.
Data Storage and Location: Personal Data may be maintained, processed and stored by Helpful and our authorized affiliates and Service Providers in the United States of America and other jurisdictions as necessary for the proper delivery of our Services, or as may be required by law. While privacy laws may vary between jurisdictions, Helpful, its affiliates and Service Providers are each committed to protecting Personal Data in accordance with this Notice and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.
Owner, Administrator, Member and Visitor Data Retention: We retain Owner Personal Data, Administrator Personal Data, Member Personal Data (to the extent that we are the “Data Controller” of such data, as explained below) and Visitor Personal Data as reasonably necessary to preserve and expand our mutual relationship, and thereafter in accordance with our Data Retention Policy.
Member Data Retention: We retain Member Personal Data (to the extent that we are the “Data Processor” of such Member data, as explained below) as instructed or authorized by the Owner, and thereafter in accordance with our Data Retention Policy.
If you have any questions about our Data Retention Policy, please contact us at firstname.lastname@example.org.
Sharing Personal Data
We may share your data with certain third parties, including certain service providers, law enforcement agencies and our affiliated companies – but only in accordance with this notice.
Sharing Personal Data with Owners, Administrators and Members of your Community: Once you join a Community, your user profile will be made available to all Owners and their appointed Administrators of such Community. All or part of your user profile may also be made available to other Members of a Community you join, according to the discretion of the Owners and Administrators of that Community. Please note that Helpful is not responsible or controls any further disclosure, use or monitoring by or on behalf of your Community Owners, Administrators or Members. You should understand that your personal data will be fully available to the Group Owner and Administrator(s). If you wish to find out how that Administrator(s) may use or disclose your data you should contact them directly or by visiting the Group directory page at: helpful.io/groups/[INSERTYOURGROUPNAME]/members/.
Compliance with Laws, Legal Process and Authorities: We may disclose or allow government and law enforcement officials access to certain Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, including for national security purposes. Such disclosure or access may occur with or without notice to you if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting and server co-location services, data analytics services, marketing agencies and advertising services, data and cybersecurity services, fraud detection and prevention services, payment processing services, user engagement services, e-mail distribution and monitoring services, session recording, remote access services, and our business, legal, financial and privacy advisors) (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes. Helpful remains responsible and liable for any Personal Data processing done by Service Providers on its behalf, other than for events outside of its reasonable control.
These providers and the reasons for using them are as follows:
Amazon Web Services (AWS): AWS is a leader in cloud computing and storage. Your information is stored on AWS products following security best practices.
Third Party Integrations: The Services may allow you to integrate with certain third-party services, in which case you will be bound by the terms of service and privacy notices of said third parties – so please make sure you read and accept them. We do not receive or store your passwords for any of these third-party services.
Protecting Rights and Safety: We may share your Personal Data with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of Helpful, any of our users or any members of the general public.
Helpful Subsidiaries and Affiliated Companies: We may share Personal Data internally within our family of companies, for the purposes described in this Notice. In addition, should Helpful or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail and/or a prominent notice on our Services.
For the removal of doubt, Helpful may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data in our sole discretion and without the need for further approval.
Using Cookies and Tracking Technologies
Our Services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide and improve our Services, personalize your experience and monitor the performance of our activities and campaigns. A “cookie” is a small text file that is used, for example, to collect data about activity on our Site. Some cookies and other technologies serve to recall Personal Data, such as an IP address, previously indicated by the user. While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, most browsers allow you to control cookies, including whether or not to accept them and to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
Your Group Administrators may send promotional communications, that you can easily opt-out of receiving. We may also contact you with service-related communications. You will not be able to opt-out of receiving such communications.
Service Communications: we may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, password-retrieval notices, etc. You will not be able to opt-out of receiving such service communications.
Promotional Communications: we may also send notifications about new services, events and special opportunities or any other information we think our Owners and Administrators will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or Platforms.
If you wish not to receive such promotional communications, you may notify Helpful at any time by e-mailing us at email@example.com or by following the “unsubscribe”, “stop” or “change e-mail preferences” instructions contained in the promotional communications you receive.
Securing Personal Data
We maintain and use various security measures to better protect your data. However, as we can’t guarantee absolute protection – We are committed to securing your personal data. We encourage you to be aware of the risk when using the services or providing us with your personal data.
In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures. However, please be aware that regardless of the security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described above
Exercising Your Data Subject Rights
You may request to access, rectify or delete your personal data directly from within your user account, or by sending us an e-mail to firstname.lastname@example.org.
If you wish to exercise your rights under the applicable law (e.g. the EU GDPR) to request access to and rectification or erasure of your Personal Data held with Helpful, or to port such Personal Data – please contact us at email@example.com.
Please note that Member requests may be forwarded to your Community Owner and Administrator, to the extent such Owner is the “Data Controller” of such data. Therefore, we recommend that Members contact their Community Owners directly.
If you are a resident of or are located in the European Economic Area (“EEA”), you may also have certain rights under the General Data Protection Regulation (“GDPR”). As discussed above, Personal Data you provide to Helpful is only collected with your consent, and may be transmitted outside of the EEA to Helpful (or computer servers maintained for its benefit) pursuant to that consent.
In general, under the GDPR you may:
- request access to your Personal Data
- have incomplete or incorrect data corrected
- have your Personal Data deleted
- suspend or restrict our use of your Personal Data, or withdraw your consent
- request a copy of your Personal Data
- complain to a supervisory authority if you believe your rights under the GDPR are not being respected
Should you request a copy of your Personal Data, Helpful will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. Should you request the deletion of your Personal Data, Helpful will generally do so as soon as practicable, although your right to have your Personal Data deleted is subject to exceptions, such as, for example, compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
Contact firstname.lastname@example.org if you have concerns regarding your Personal Data, or wish to exercise any of these listed rights.
Note that, if you are in the EEA, we may transfer your Personal Data outside of the EEA, including to the United States. By way of example, this may happen if your Personal Data is transferred to our servers located in a country outside of the EEA. These countries may not have similar data protection laws to the EEA. By submitting your Personal Data, you’re agreeing to this transfer, storing or processing. If we transfer your information outside of the EEA in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this policy. Helpful has applied to self-certify with the EU-US Privacy Shield Framework, with respect to personal data it receives or processes which concern individuals residing in the EU. We will update this section once our application is granted.
Data Controller and Data Processor
Certain data protection laws and regulations, such as the EU GDPR, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller”, who determines the purposes and means of processing, and the “Data Processor”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Each Community Owner is the “Data Controller” of their Administrators’ and Members’ Personal Data (excluding Account Data), when Helpful processes such data solely on such Owner’s behalf. This means that in such cases, we will only process such Member’s data in accordance with the reasonable instructions of the Owner, subject to our Terms of Service (www.helpful.io/tos) and Data Processing Agreement (www.helpful.io/dpa), and strictly on their behalf. The Owner will be solely responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
Helpful is the “Data Controller” of the Account Data of its Owners, Administrators and Visitors, and also of certain Member Personal Data, when it processes such data for its own purposes. This means that when processing is performed for Helpful’s purposes (as set forth under this Notice), namely Personal Data which pertains to Owners and Visitors, and Member Personal Data which relevant to their overall use of our Services, then Helpful will control such data, and assume the responsibilities of Data Controller (solely to the extent applicable under law).
Updates and amendments: We may update and amend this Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the published effective date. We will provide a 10-days’ prior notice if any substantial changes are involved, via any of the communication means available to us, or on the Services. After this notice period, all amendments shall be deemed accepted by you.
External links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our Services and to read the privacy notices of each and every website and service you visit. This Notice applies only to our Services.
Children’s Privacy: Our Services are not designated to attract children under the age of 16. We do not knowingly collect Personal Data from children under 13 years of age and do not wish to do so. If we learn that a child is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us at email@example.com
Questions, Concerns or Complaints: If you have any comments or questions about this Privacy Notice or if you have any concerns regarding your Privacy, please contact us at firstname.lastname@example.org. Helpful’s appointed Data Protection Officer may be reached email@example.com.