Pusher Privacy Policy

Privacy and security are of utmost importance to Pusher (hereinafter known as “Black Lab”, “Provider,” “us”, “we”, “the App” or “the Site”) and we strive to ensure that our technical and organizational measures in place respect your data protection rights.

‍

This Privacy Policy describes how we manage, process and store personal data submitted in the context of providing our services. “Personal data” refers to any information relating to an identifiable individual or his or her personal identity.

‍

‍

CONSENT

In subscribing to our services or filling in a contact form on our website (pusher-app.com) or other sites owned by Black Lab, you agree and accept that we may gather, process, store and/or use the personal data submitted in accordance with the rules set forth below.

‍

By giving your consent to us, you also retain the right to have your personal data rectified, to be forgotten and/or to be erased.

‍

‍

PERSONAL DATA COLLECTED

‍

1. Identity and contact details of the data processor

Personal data is collected on our website by Black Lab SAS, a company registered under France law number 843 974 825 with the Caen Trade & Companies Register, and having its registered office at 29 rue du Val es Dunes, 14000 Caen, France.

‍

2. Data collected on the site

Classification

Collected data are classified as either

• Information intended for use only by specific individuals on a need-to-know basis

• Information protected by law, contractual obligation, or policy

• Information with the potential for severe negative repercussions to Black Lab’s reputation, resources, services, or individuals if disclosed

• Information intended for Black Lab use only

• Non-public information that does not reach the sensitivity of Confidential

• Information with the potential for moderate negative repercussions to Black Lab’s reputation, resources, services, or individuals if disclosed

Public

• Information intended to be publicly available

• Information that poses little or no risk to Black Lab’s reputation, resources, services, or individuals if disclosed

Internal

Confidential

All confidential data are encrypted at rest.

Data collected

When you subscribe to our services, the following data is collected and managed (note that there is no aggregated elements)

‍

Data element

Isolated

- Access tokens

- Passwords (Black Lab applications, SMTP/IMAP)

Confidential

email address, first name, last name, company name, Intra-community VAT number (when applicable), login, password, mailing address, country, phone number, IP address(es) and domain name, user application notifications, campaign data, campaign leads, email templates, graveyard email list, information on subscriptions and messages on our site. Some data is collected automatically by reason of your activity on the site (see paragraph on cookies below).

‍

The data submitted should not include any sensitive personal data, such as government identifiers (i.e. social security, driving licence, or taxpayer identification numbers), complete credit card or complete personal bank card numbers, medical records or particulars connected with applications for care or treatment associated with private individuals.

‍

Data handling

The chart below summarizes the requirements for handling information based on classification. Information comingled with multiple classifications must always be handled with the highest applicable classification (e.g. public information that is stored or transmitted along with Confidential information may be encrypted in order to simplify the use of encryption solutions).

‍

Confidential

Distribution

• Not shared with third parties
• Customer information never included in reports, regardless of accompanying data

Labeling

• Documents, spreadsheets, presentations and text files labeled “Confidential”
• All paper documents labeled “Confidential”

Paper documents

• Only printed when there is a legitimate business need and no reasonable alternative, with management approval 
• Stored in a locked cabinet 
• Placed in destruction bin for shredding immediately after use

Electronic files

• Collected or stored when there is a legitimate business need and no reasonable alternative, with management approval
• Stored and transmitted encrypted 
• Wiped from electronic media immediately after use

‍

Internal

Distribution

• Redistributed to anyone within Black Lab

Labeling

• Not labeled

Paper documents

• Only printed when there is a legitimate business need and no reasonable alternative 
• Stored on Black Lab premesis or in locked cabinet
• Placed in destruction bin for shredding immediately after use

Electronic files

• Stored and transmitted in clear text on Black Lab corporate systems
• Deleted or wiped from electronic media immediately after use

‍

Public

Distribution

• Shared with anyone internal or external to Black Lab

Labeling

• Not labeled

Paper documents

• Recycled conventionally when no longer needed

Electronic files 

• Stored and transmitted in clear text
• Deleted or wiped from electronic media immediately after use

‍

3. Purposes of processing and legal basis

Your personal data is processed to meet one or several of the following purposes. Each purpose is associated with a legal basis, the list of which can be found below.

‍

On the basis of our legitimate interest of offering you a safe, optimum, efficient and personalized experience, we carry out processing operations for the following purposes:

• To solve any problems and improve the use of our sites and services;
• To personalize, assess, and improve our services, content and materials;
• To analyze the volume and history of your use of our services;
• To inform you about our services as well as our partners’ services and/or promotional offers.

‍

On the performance basis of a contract to which you are a party, we carry out processing operations for the following purposes:

• To provide our services;
• To facilitate performance, including verifications relating to you.

‍

On the bases of your consent or legitimate interest, we carry out processing operations for the following purposes:

• To sign up to our newsletters, use case studies and marketing material.

‍

On the basis of the compliance with our legal and regulatory obligations, we carry out processing for the following purposes:

• To prevent, detect and investigate any activities that are potentially prohibited, unlawful, contrary to good practices and to ensure compliance with our terms of use and sending policy.

‍

We use the personal data submitted to us only in accordance with the applicable data protection legislation.

‍

4. Newsletter and marketing emails

For those of you that have expressly opted in to receive our Pusher newsletters, you are easily able to unsubscribe by following the “unsubscribe” links included in every email sent.

‍

5. Email statistics

Without systematically doing so, we may analyze and track the various rates (for example: click, open, bounce rates) and the number of emails sent with Pusher which you open to assess performance rates on your emailing campaigns.

‍

6. Testimonials

Pusher publishes a list of Customers & Testimonials on its sites with information on our customers’ names and job titles. Pusher undertakes to obtain the authorization of every customer before publishing any testimonial on its websites. If you wish to be removed from this list, you can send us an email to privacy@pusher-app.com and we will delete your information promptly.

‍

7. Third party disclosures

Personal data relating to you collected on our website are destined for Pusher’s own use and may be forwarded to Pusher’s partner companies so that we may obtain assistance and support in the context of carrying out our services. Pusher ensures that it has in place clear data protection requirements for all of its third party providers.

‍

Pusher does not sell or rent your personal data to third parties for marketing purposes whatsoever.

‍

In addition, Pusher does not disclose your personal data to third parties, except if: (1) you (or your account administrator acting on your behalf) requests or authorized disclosure thereof; (2) the disclosure is required to process transactions or supply services which you have requested (i.e. to check you are employing best practices in your mailings or for the purposes of processing an acquisition card with credit-card issuing companies); (3) Pusher is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application; or, (4) the third party is a subcontractor or sub-processor of Pusher in the carrying out of services (for example: Pusher uses the services of an Internet provider, a telecommunications company, a host provider, CRM tools, customer support client tools, invoices tools, payment tools, analytics tools).

‍

8. Your data protection rights

In accordance with the French Data Protection Laws and the European General Data Protection Regulation 2016/679 (GDPR) you have several rights related to the collection of your personal data:

• Right to be informed: This is precisely why we have drafted this privacy policy.
• Right of access: You have the right to access all your personal data at any time.
• Right to rectification: You have the right to rectify your inaccurate, incomplete or obsolete personal data at any time.
• Right to restriction of processing: You have the right to restrict the processing of your personal data in certain cases stated in art.18 of the GDPR.
• Right to erasure (‘right to be forgotten’): You have the right to demand that your personal data be deleted and to prohibit any future collection.
• Right to file a complaint to a competent supervisory authority (in France, the CNIL), if you consider that the processing of your personal data constitutes a breach of applicable regulations.
• Right to define instructions related to the retention, deletion and communication of your personal data after your death.
• Right to data portability: You have the right to receive the personal data you have provided us in a standard machine-readable format and to require their transfer to the recipient of your choice.
• Right to object: You have the right to object to the processing of your personal data. Please note however that we may continue to process your personal data despite this opposition for legitimate reasons or for the defence of legal claims.

‍

You can exercise these rights by sending us a support ticket directly on the support chat (either on the website or on the app) or, by sending an email at privacy@pusher-app.com. Your requests will be processed within 30 days. We may require that your request be accompanied by a photocopy of proof of identity or authority.

‍

You are also able at any time to modify personal data by logging into your account and navigating to “User Settings”.

‍

‍

THIRD PARTY DATA

In the context of using our services, namely creating emailing campaigns and contact lists, Pusher has access to the information contained in the email contact lists you create in your account, as well as the subject and content of the emails that you send out via our services.

‍

This data is stored on secure servers and only a limited number of people are authorized to access your contact lists, in particular for the purpose of providing support services.

‍

You are easily able to recover your contact lists from your Pusher account at any time, by clicking on the “export” button. You may also modify and or delete contacts at any time from your account.

‍

In no case does Pusher sell, share or rent out your contact lists to third parties, nor does it use them for any purposes other than those set forth in this policy. We will use the information from your contact lists only for legal requirements, to invoice and collect summaries for our own statistics and for the purposes of providing you with customer support services.

‍

As creator of the contact lists and associated email campaigns, you are considered the data controller within the meaning of the GDPR, and Pusher is acting only as a data processor. In this capacity, you are responsible in particular for:

• making all the declarations necessary to the relative data protection authority,
• complying with all current regulations in force, including the data protection laws,
• obtaining the explicit consent of the persons concerned when collecting their personal data,
• ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorized use.

‍

If a recipient of your emails sent via our services requests us to modify or delete his/her personal data, we will honor that request after proper verification and will inform you of it.

‍

‍

DATA RETENTION PERIODS

Your personal data is kept for the periods set out below.

• Personal data collected for the execution of the services as well as information about how and when you use the services: The time needed to provide to you our services, and in no event no longer than 3 years after closing your account (unless otherwise required by law).
• Personal data collected in order to send newsletters, requests and direct marketing: 3 years from data collection or last active contact with the prospect.
• Personal data collected for evidentiary purposes: Duration of the statutory limitation period (generally 5 years).
• Personal data collected as part of your data subject’s rights: If we ask you for proof of identity, we only retain it for the time necessary to verify your identity. Once the verification has been carried out, the proof is deleted.

‍

‍

LOCATION OF DATA STORAGE AND TRANSFERS

The host servers on which Pusher processes and stores its databases are located exclusively within the European Union.

‍

Pusher will inform you immediately, to the extent we are legally authorized to do so, in case of any application or order originating from an administrative or judicial authority relating to your personal data.

‍

Regarding the tools we use (see article “Third party disclosures” on recipients of the collected data, concerning our processors), your personal data could be transferred outside the European Union. The transfer of your data within this framework is secured by the following safeguards:

• Either these data are transferred to a country which has been deemed to offer an adequate level of protection by the European Commission;
• Or we have concluded with our processors a specific contract governing the transfer of your data outside the European Union, based on the standard contractual clauses approved by the European Commission between a data controller and a processor.

‍

SECURITY

Within the framework of its services, Pusher attributes the very highest importance to the security and integrity of its customers’ personal data.

Thus and in accordance with the GDPR, Pusher undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorized circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorized persons.

‍

To this end, Pusher implements industry standard security measures to protect personal data from unauthorized disclosure. Using industry recommended methods of encoding, Pusher takes the measures necessary to protect information connected with payments and credit cards.

‍

Moreover, in order to avoid in particular all unauthorized access, to guarantee accuracy and the proper use of the data, Pusher has put the appropriate electronic, physical and managerial procedures in place with a view to safeguarding and preserving the data gathered through its services.

‍

Notwithstanding this, there is no absolute safety from piracy or hackers. That is why in the event a breach of security were to affect you, Pusher undertakes to inform you thereof without undue delay and to use its best efforts to take all possible measures to neutralize the intrusion and minimize the impacts. Should you suffer any loss by reason of the exploitation by a third party of a security breach, Pusher undertakes to provide you with every assistance necessary so you are able to assert your rights. Moreover if, by some exceptional case, the direct loss incurred arose due to fault or gross negligence by Pusher, you will be able to seek compensation within the limit of liability referred to in our Terms of Use.

‍

You should keep in mind that any user, customer or hacker who discovers and takes advantage of a breach in security renders him or herself liable to criminal prosecution and that Pusher will take all measures, including filing a complaint and/or bringing court action, to preserve the data and the rights of its users and of itself and to limit the impacts.

‍

‍

COOKIE POLICY

1. What is a Cookie?

‍

‍When browsing our sites, cookies, pixels, tags and other trackers (hereafter referred to as “Cookies”) are installed on your computer.

‍

A cookie is a small file, often encrypted, that is stored in your browser or device and is identified by a name. It is installed when you visit a site or application. Each time you return to the said site or application, the Cookie is retrieved from your browser or device. This ensures that each time you visit the site or application, the browser is recognized. The installation of these Cookies is likely to enable us to access your browsing data and/or personal data concerning you.

‍

2. Cookies Identification

‍

Technical and functional Cookies

Technical and functional Cookies are necessary for the proper functioning of the Site and to provide you with our services. They are used throughout your navigation, in order to facilitate it and to carry out certain functions.

For example, a technical Cookie may be used to store your responses to a form or your preferences regarding the language or layout of the Site, where such options are available.

‍

We use the following technical and functional Cookies:

no cookie at this moment.

‍

‍Advertising Cookies

Advertising Cookies may be created not only by our sites but also by other websites and applications that serve ads, announcements, widgets or other elements displayed on the page.

These Cookies can be used, among other things, to personalize and measure the effectiveness of advertising or to carry out targeted advertising.

‍

We use the following Advertising Cookies:

no cookie at the moment.

‍

‍Analytical Cookies

These Cookies allow us to measure the number of visits, page views and user activity. If necessary, they may collect your IP address to know the city from which you are connecting. Analytical Cookies allow us to generate statistics on the use and navigation of our Site in order to improve our performances. The Cookies used also allow us to identify navigation problems and eventually to solve them.

‍

We use the following Analytical Cookies:

‍

_gid Used by Google Analytics to count pageviews / 1 day

_ga Used by Google Analytics to register a unique ID that is used to generate statistical data on how the visitor uses the website / 2 years

_hjTLDTest Used by Hotjar to determine generic cookie path / Session

_hjid Used by Hotjar to store a unique user ID / 1 year

_hjAbsoluteSessionInProgress Used by Hotjar to store unique visits / Session

__hstc Used by Hubspot to store time of visit / 13 months

hubspotutk Used by Hubspot to store and track a visitor’s identity / 13 months

_gac_* Used by Google Analytics and Google Ads to store and count page views / 90 days

‍

3. Your Cookies preferences

‍

Cookies that can be installed without consent

Some cookies do not require your consent, such as:

• Technical or functional Cookies that are necessary for the operation of the site;
• Certain Cookies for audience measurement or Cookies that enable testing different versions of the site for the purpose of optimizing editorial choices.

Acceptance or refusal of Cookies subject to your express consent

All other Cookies require your consent. These include Advertising Cookies, Social Networking Cookies, Content Personalization Cookies and some Audience Analysis Cookies. You may freely choose to accept or decline the use of these Cookies.

You can accept or refuse these Cookies the first time you browse the Site.

Your choices to accept or refuse these Cookies will be retained for a period of six (6) months.

You are free to withdraw your consent and more generally to change your preferences at any time via the link "Manage cookies" at the bottom of each page.

Your browser settings

It is also possible to set your browser to accept or reject certain Cookies.

‍

‍

PRIVACY POLICY CHANGES

Pusher reserves the right to update this Privacy Policy at any time, in particular pursuant to any changes made to the laws and regulations in force. Any modifications made will be notified to you via our Website or by email, to the extent possible, thirty (30) days at least before any changes come into force. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to your personal information.

‍

‍

CONTACT US

If you have questions, you can email us at Data Protection Officer directly at: privacy@pusher-app.com or by mail to: Black Lab SAS, Attn: Data Protection Officer / Legal Department, 29 rue du Val es Dunes, 14000 Caen, France.