1. DEFINITIONS

Capitalized terms used but not defined elsewhere in the Policy will have the following definitions:

Administrator(s) means any person who has login credentials to a Customer account and/or access to CleverPoint Marine products, including CleverPoint EVA software, to manage that account or products, to provide CleverPoint Marine services to their employees or customers, and to review and share the data gathered from the use of these services.
CleverPoint Device means an integral part of CleverPoint Marine Products and Services for receiving, converting, and transmitting, images and other data, used as a part of CleverPoint Marine Services.
CleverPoint Session(s) means the use of any or all of the CleverPoint Marine Products in combination with CleverPoint Device.
Confidentiality Notice means the notice given to: (i) Users at the time of answering a survey and/or before using our services, conducted by a Customer, including the degree of confidentiality and/or anonymity that the User will have when answering a survey, or (ii) the notice given to Individual Feedback Users of our individual feedback services, as applicable;
Customer or Company means, in relation to you, the person or entity that has contracted with CleverPoint Marine to allow you to use CleverPoint Marine’s Services. The Customer or Company will generally be your employer, an identified subgroup (i.e., division, department, etc.) within your employer, or a partner organization (i.e., professional education institutions, training centers, crew management service providers, etc.) with your employer.
Purchase Information means your name, email address, shipping address, billing address, phone number, account information, other information you share during the purchasing process, details of the product or subscription purchased, the date and time of the order or subscription, the quantity and price of the order or subscription, whether a payment was made, method of payment, purchase or subscription history, and whether you re-ordered or renewed a subscription.
Report Data means user’s analysis reports that are generated or interpreted after CleverPoint Sessions in any format, file, or platform.

Service(s) means all products (including related applications and software), services, and Websites offered by CleverPoint Marine.
Session Data means data, that is collected automatically when using CleverPoint Marine Products. Such data includes log data, session progress, user's behavior and achievements, session start and end times, and biometric data, including heart rate, heart rate variability or HRV (through electrocardiogram or ECG), and brainwave patterns (through electroencephalogram or EEG), collected through the sensors on the CleverPoint device.
Survey Respondent(s) means any person who accesses our Services to answer surveys (either wholly or partially) conducted by Customer using the Services;
Service User(s) means the person(s) that receives and ultimately uses CleverPoint Marine services.
User Data means personal information, willingly provided by the Service User, when registering to create a User account in one or all of the CleverPoint Marine Products.
Visitor means any person who visits our Websites;
Websites mean, collectively, www.cpmarine.pro as well as the other websites that CleverPoint Marine operates and that link to this Privacy Policy;
You or your means any person either a Service User, Survey Respondent, or Administrator, as applicable

2. A NOTE ABOUT CHILDREN

Unless permitted by applicable law, you must not permit any child under the age of 16 access to our Services. We do not intentionally gather personal information from minors under the legal age range. If a minor submits personal information to CleverPoint Marine and we learn that the personal information is the information of a child under the legal age range, we will attempt to delete the information as soon as possible. If you believe that we may have any personal information of a child under the legal age range, please contact CleverPoint Marine at: admin@cpmarine.pro

3. INFORMATION WE COLLECT

We collect information relating to you and your use of our Services from a variety of sources. Some of this information is collected directly from you and some of this information is collected from your interaction with our Services, your Company, or from third parties. How and what information we collect about you will depend on the way that you use our Services, for example, whether you are an Administrator, Survey Respondent, or Service User.

(a) Information we generally collect

• Contact information: When you provide us with your contact information, whether through the use of our Services, the creation of an account, a form on our website, or an interaction with our sales or customer support team, we collect your contact information. This information may include, for example, your name, email address, and phone number.
• Usage information: We collect usage data about you whenever you interact with our Services. This may include which web pages you visit, what you click on when you performed those actions, and other activities.
• Device and browser data: We collect data from the device you use to access our Services, such as your IP address, operating system, browser details, and time of visit. This information may also tell us your location.
• Cookies and page tags: We use third-party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymous data about Visitors to our Websites. This data includes usage details and user statistics.
• Log data: We keep log files that record data each time a device accesses our servers. The log files contain data about the nature of each access, including the originating IP address. We may combine this automatically collected log information with other information we collect about you. We do this to maintain an audit trail of activity, to improve our Services, to improve our marketing activities, for system analytics, or to monitor or improve functionality.
• Referral data: If as a Visitor, you navigate to our Websites from an external source (such as a link on another website or via an email), we record information about the source that referred you to us.
• Other data you submit: We may collect your personal information or data if you submit it to us in other contexts. For example, by giving us a testimonial, attending an event we host, or entering a contest. We may also collect personal information at other points throughout our Services or within our Website that states personal information is being collected. If you contact us at support@cpmarine.pro we will also collect any information that you provide to us voluntarily, in order for us to respond to your request.
• Interacting with us on social media: We may collect personal information about you when you interact with us using social media. For example, if you post material to our Facebook page or contact us on LinkedIn or Instagram.
• Third parties: We may collect your personal information or data from third parties if you give permission to those third parties to share your personal information with us or where you have made that information publicly available online.
• Mobile devices: If you connect to the Services using a service provider that uniquely identifies your mobile device, we may receive this identification information to provide the Services to you.

(b) Information specific to Survey Respondents

When you respond to CleverPoint Marine surveys, we may collect your name, email address and any personal information you volunteer to us through your survey response (e.g. job position). When you answer a CleverPoint Marine survey, we will store your survey answers and comments, including sensitive personal information, as you will be asked to provide details about your physical well-being, mental well-being, and cognitive well-being. You do not have to provide us with such information in order to use other CleverPoint Marine Services, but if you do provide the information you will get a more customized experience and potentially, more benefits from the Services we provide.

(c) Information specific to Service Users

We may collect or share the following information about Service Users:

• Registration details: When you register a user profile or an Administrator creates a profile for you, we collect your personal information, including name, surname, date of birth, voluntary information, including handiness, company name, job position, email address, and other information, which may include sensitive information. While creating a user profile, you may have the option of participating in our voluntary research program involving third parties. When you choose to participate in our third-party research program, you are consenting to the sharing of your CleverPoint Data on a de-identified basis with third parties involved in research related to improving the scientific understanding of the brain/body or to improving products and/or delivering better experiences and services. You can choose to withdraw your consent to us sharing your information in the context of these voluntary research programs at any time by writing an email to admin@cpmarine.pro
• Sensitive information: In certain circumstances, you may be asked to provide us with sensitive information, such as personal data related to your smoking habits, height, weight, and nationality.
• Session data: There are certain types of data collected automatically when using CleverPoint Marine Products. Such data includes log data, session progress, user's behavior and achievements, session start and end times, and biometric data, including heart rate, heart rate variability or HRV (through electrocardiogram or ECG), and brainwave patterns (through electroencephalogram or EEG), collected through the sensors on the CleverPoint device.
• Report results: After CleverPoint Session is finished, the user’s result analysis reports are generated or interpreted, in any format, file, or platform. The report's first page includes the user's name, surname, date of testing, gender, age at the time of testing, and a pseudonymized code of the user's name. In the report, session data collected during CleverPoint Session has been transformed to meaningful indices of a person's cognitive abilities and physiological reaction to workload including functional type, functional state, cognitive style, nervous system parameters, perception skills, attention skills, executive function skills, psychophysiological resilience skills, and workability skills. The information contained in the report may include sensitive information such as the predicted risk of burnout.

4. WHO IS THE DATA CONTROLLER OR PROCESSOR?

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. For Administrators and Service Users, your company, which is our Customer will be the controller of your personal information and CleverPoint Marine will be the processor. For Survey Respondents and Visitors, CleverPoint Marine will generally be the controller of your personal information.

5. HOW DO WE USE THE INFORMATION WE COLLECT?

We use your personal information for a variety of purposes. How and what information we collect about you will depend on the way that you use our Services, for example, whether you are an Administrator, Survey Respondent, Service User, or Visitor. In each case, the information, we collect and process, is reasonably necessary for our business, including providing services to Customers or providing you with the Services you would expect from us.

When you use our Services as an Administrator, Survey Respondent, or Service User, we process your personal information either:

• with your consent;
• to fulfill our contractual responsibility to deliver the Services to the Customer; or
• to pursue CleverPoint Marine’s legitimate interests of improving our Services or developing new products and features.

When you use our Services as a Visitor, we process your personal information either:

• with your consent; or
• to pursue CleverPoint Marine’s legitimate interests of improving our Services or developing new products and features.

(a) Administrators

When you use our Services as an Administrator, we may use your personal information to:

• provide you with access to and use of our products and customer support, which may require us to access your personal information so that we can assist you, such as with service design, and operational or technical issues.
• monitor, maintain, and improve our Services and features;
• personalize or customize your experience when you use our Services (including presenting CleverPoint Marine services and features;
• create new services or features;
• enforce our contracts and policies when we are made aware of potential breaches;
• prevent potentially illegal, undesirable, or abusive activities;
• investigate complaints about you or made by you;
• make telephone calls to you, or send you SMS messages from time to time, as part of secondary fraud protection; or
• respond to legal requests such as subpoenas, warrants, or other mandatory information requests.
• contact you via email, mail, or telephone to tell you about matters, such as changes to our Services, terms, or policies.
• send you news and information about our products or Services that you either request from us or that we believe may interest you. In most cases, we will contact you via email. As part of our marketing efforts, we may combine information about you from third-party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your experience.
• respond to legal requests and prevent harm

(b) Survey Respondents or Service Users

When you use our Services as a Survey Respondent or a Service User, we may use your personal information to:

• create a user profile within our Products
• identify you as a user of our Products and associated platforms
• provide you with our Services, including CleverPoint Sessions
• provide you with individual feedback;
• personalize or customize your experience when you use our Services
• send you an email when you have been assigned any of our services by the Customer
• send you survey reminders;
• send you emails requesting you provide feedback on our Services;
• provide our Services to the Customer (When and how we use your personal information is controlled and managed by the Customer (including any Administrators that act on its behalf)).
• create de-identified aggregated data, and provide Customers with better organizational feedback;
• monitor, maintain, and improve our Services and features;
• create new services or features;
• enforce our contracts and policies when we are made aware of potential breaches;
• prevent potentially illegal, undesirable, or abusive activities;
• investigate complaints about you, or made by you;
• respond to legal requests such as subpoenas, warrants, or other mandatory information requests.
• prevent harm

(c) Visitors

When you use our Services as a Visitor, we may use your personal information to:

• send you news and information about our products or Services that you either request from us, or we believe may interest you (unless prevented by law). In most cases, we will contact you via email.
• provide our Services and improve those Services. Some of these purposes include:
• personalize or customize your experience when you use our Services (including presenting our Websites in the best format for you or a device you use to access our Websites);
• create new services or features;
• monitor, maintain, and improve our Services and features;
• enforce our contracts and policies when we are made aware of potential breaches;
• prevent potentially illegal, undesirable, or abusive activities; or
• respond to legal requests such as subpoenas, warrants, or other mandatory information requests.
• combine information about you from third-party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your experience.

6. HOW DO WE HOLD THE INFORMATION WE COLLECT?

We take data privacy and security seriously and have implemented physical, technical, and administrative safeguards designed to protect your personal information's security and privacy against loss, theft, and unauthorized access, copying, use, disclosure, or modification. We follow generally accepted security standards, to protect the personal information submitted to us, both during transmission and once it is received. However, please note that transmitting information over the Internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee that your personal information is absolutely secure in all situations.

We limit access to your personal information to employees and authorized service providers with a need to know to fulfill their designated functions.

When collecting, transferring, or storing sensitive information such as Session Data, including biometric data, stored on any portable or laptop computing device or any portable storage medium, we use a variety of additional security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure, including de-identification and encryption.

Some of the information that you share with us or that we collect about you may not by itself identify you to us or be personally identifiable and therefore may not be considered personal information. We may also remove personal identifiers from your information to render such personal information non-identifiable. This includes Session Data. We maintain and use it as de-identified data, and may combine such de-identified data with other information to generate aggregated data. We use such de-identified and/or aggregated information to help us improve our product and service offerings, and may also provide de-identified and/or aggregated data to researchers in connection with research programs.

If you suspect there has been any unauthorized access or misuse of your personal information, or if you have concerns about the security of your personal data, immediately contact our Data Protection Officer at admin@cpmarine.pro

7. WHO HAS ACCESS TO YOUR PERSONAL INFORMATION?

We will share your personal information with third parties only in the ways that are described in this Privacy Policy. To provide you with our Services we will often need to disclose your personal information to our staff or the service providers we use to operate our business. Examples of our service providers include: hosting services; project management software; email service providers; system monitoring services; customer support services; and website analytics. These companies are only authorized to use your personal information as necessary for us to provide our Services to you and/or the Customer.

When you use our Services as a Survey Respondent or Service User, we may also disclose your personal information for the purposes of:

• Providing the Services: When you answer CleverPoint Marine surveys or participate in CleverPoint Sessions, we will disclose that information to the Customer and Administrators. How your answers are displayed and what information may be used to analyze and report your answers and results (either in an aggregate or individual form) may vary. It is important that you read the Consent and Release Form before answering a survey or participating in a CleverPoint Session so you understand how your Survey Results and Report Results will be used and the ways they might be shared (if at all).
• Creating aggregated de-identified data: We may create aggregated de-identified data for any purpose derived from data we hold about you. For example, we may create aggregated de-identified data to share with customers, prospects, and partners for business or research purposes, or for the provision of our Services such as statistics and benchmarks.
• Fulfilling Customer requests: Because the Customer is the controller of your personal information, we hold and process your personal information on behalf of the Customer. There may be occasions when the Customer instructs us to disclose your personal information to a third party, such as a consultant or a new service provider. If instructed by the Customer to transfer your personal information to a third party, we will sign a data transfer agreement with the Customer and the third party if required, to ensure that they continue to observe the Consent and Release Form for your personal information.
• Preventing harm: We may also disclose your personal information to the Customer or relevant authorities if your use of our Services indicates an imminent risk of harm to you or to others around you.

8. WHAT ARE YOUR RIGHTS TO YOUR PERSONAL INFORMATION?

You are not required to share the personal data that we request, however, if you choose not to share the information, in some cases we will not be able to provide you with CleverPoint Marine Services, products, certain specialized features or be able to effectively respond to any queries you may have.

You may have certain rights with respect to our processing of your personal information. Subject to applicable law, you may have the right to: (1) request access to the information we hold about you; (2) request that we update, correct, or amend your information; (3) request that we erase your information; or (4) request the restriction of our use of your personal information. In addition, and subject to applicable law, you may receive, in a structured, commonly used, and machine-readable format, the personal information that you have provided to us about you with your consent or based on a contract with us. In appropriate circumstances, you have the right to have this information transmitted to another company, where it is technically feasible.

You also may object at any time to the use of your personal information, on grounds relating to your particular situation, where we use that information based on our legitimate interests as described above. You also may withdraw any consent you previously provided to us, e.g., by contacting us through our contact information below. If you do so, this will not affect the lawfulness of our use of your information based on your consent before its withdrawal. Please note that if you revoke your consent to use certain data, you may not be able to use our Products or certain features or functionality of our Products.

If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and provide you with the requested information. If you are located in the EEA, please put the “GDPR” in the subject line of your communication with us to help us direct your inquiry. We will respond to your request within a reasonable time and at minimal or no cost to you in accordance with applicable laws.

If you are not satisfied with our response or if you consider that our processing of your personal information infringes applicable law, you may lodge a complaint with a competent supervisory or regulatory authority, which may be the authority in your jurisdiction of residence or work.


9. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

We have information retention processes designed to retain your personal information only for so long as we consider necessary for the purposes set out above, and for other legitimate business purposes including considering criteria such as applicable legal requirements and statutes of limitations, the duration of your use of the Products, and the information needed to support your warranty and support requests. Typically, we will retain your user profile personal information for as long as you do not request us to delete it and/or withdraw your consent. We will delete your personal information from our Products if such a request is made, i.e., if you withdraw your consent to processing your personal information or request us to delete your user profile. In such case, backup copies of your personal information will be removed from our cloud, however, it may persist in our database for a short period (up to 30 days) due to technical reasons. CleverPoint Marine may continue to use de-identified data and aggregate information obtained in connection with your use of the Products. Notwithstanding the foregoing, we may retain your purchase information, warranty, and customer support information to the extent necessary for our legitimate business interests and in accordance with our obligations under applicable law in order to serve you better; to delete this type of personal information, please contact us by our contact information below.

10. ADDITIONAL INFORMATION

(a) Sensitive Personal Data

• If you send or disclose any sensitive personal information (e.g. information related to racial or ethnic origin, sex life, or physical or mental health condition) to us when using the Services, you consent to our processing and use of such sensitive personal data as necessary to provide the Services.
• If you do not consent to our processing and use of such sensitive personal information, you must not submit sensitive personal information to our Services.
• You may subsequently modify or withdraw your consent to the use and processing of sensitive personal data in accordance with applicable laws in certain jurisdictions.
• If you do not want your Company to send us sensitive personal information about you, you must make such a request directly to your Company.

(b) Testimonials

We display Customer or Service User testimonials, feedback, and other endorsements on our Websites. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial or any other endorsement, please contact us at support@cpmarine.pro

(c) Language

If this Privacy Policy is translated into a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail.

(d) Contacting Us

If you have any questions, comments, or concerns about this Privacy Policy or about how we or our service providers treat your personal information, or if you would like to exercise your choices and rights in relation to your personal information, please contact us using the following contact information:

CleverPoint Marine SIA
Attn: Data Privacy Officer
Lencu street 2-8, LV-1010, Riga, Latvia
Email: admin@cpmarine.pro
Phone: +371 22486838