Effective Date: August 10, 2020
SymFinTek Privacy Statement
Protecting the individual’s privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. This Privacy Statement is here to demonstrate our firm commitment to the individual’s right to data protection and privacy. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual (“Personal Data”).
Who is the Data Controller? The data controller of www.SymFinTek.com is SymFinTek LLC., 1023 Walnut St. Ste 100, Boulder, Colorado, USA (“SymFinTek”). Where a registration form is presented on this website, the data controller may vary depending on the actual offering or the purpose of the data collection, but it is in any case displayed on the individual registration form’s privacy statement. The SymFinTek Group’s data protection officer can be reached at privacy@SymFinTek.com.
What Personal Data does SymFinTek collect? When you visit SymFinTek’s websites, SymFinTek stores certain information about your browser, the operating system, and your IP address.
If you use a registration form, SymFinTek will collect the information you provide to SymFinTek, which consists of your first and last name, email addresses, telephone numbers, location (country, state/province, city), company name, job title, and role, department and function, current relationship to SymFinTek, and your company’s industry. If you provide a credit card number or bank details to order goods or services from SymFinTek, then SymFinTek will collect this information to process your payment for the requested goods or services.
Why does SymFinTek need your Personal Data? SymFinTek requires your Personal Data to provide you with access to this site; to deliver any ordered goods or services; and to comply with statutory obligations, including checks required by applicable export laws. Further information on why SymFinTek needs your Personal Data can be found in Section B, below, if SymFinTek’s use of your Personal Data is based on statutory permission. Further information on why SymFinTek needs your Personal Data can be found in Section C, below, if SymFinTek’s use of your Personal Data is based on your consent. If SymFinTek’s use of your Personal Data is based on consent, note that the information in this Privacy Statement on respective consent statements for certain types of Personal Data uses can also be found in the Consent Resource Center. As a general matter and although providing Personal Data is voluntary, SymFinTek may not be able to perform or satisfy your request without it; for example, SymFinTek might require your Personal Data to process an order you place, or to provide you with access to a web offering that you requested. In these cases, it is not possible for SymFinTek to satisfy your request without certain Personal Data.
Kindly note that you can order goods or services without providing consent to SymFinTek’s further marketing operations.
From What Types of Third Parties does SymFinTek obtain Personal Data?In most cases, SymFinTek collects Personal Data from you. SymFinTek might also obtain Personal Data from third parties if the applicable national law allows SymFinTek to do so. SymFinTek will treat this Personal Data according to this Privacy Statement, plus any additional restrictions imposed by the third party that provided SymFinTek with it or the applicable national law. These third-party sources include:
- SymFinTek and/or SymFinTek Group’s business dealings with your employer
- Third parties you directed to share your Personal Data with SymFinTek
How long will SymFinTek store my Personal Data? SymFinTek will only store your Personal Data for as long as it is required:
- to make goods and services requested available to you, including use of SymFinTek.com;
- for SymFinTek to comply with its statutory obligations resulting inter alia from applicable export laws;
- until you object against such use by SymFinTek, if SymFinTek’s use of your Personal Data is based on SymFinTek’s legitimate business interest as further stated in this Privacy Statement;
- until you revoke your consent granted in this Privacy Statement, if SymFinTek is processing your Personal Data based on your consent;
- by applicable mandatory law to retain your Personal Data longer or where your Personal Data is required for SymFinTek to assert or defend against legal claims, SymFinTek will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.
Who are the recipients of your Personal Data and where will it be processed? Your Personal Data will be passed on to the following categories of third parties to process your Personal Data:
- companies within the SymFinTek Group
- Third-party service providers; e.g., for the provision of the website or newsletter dispatch, for consulting services and other additional related services.
As part of a global group of companies operating internationally, SymFinTek has affiliates (the “SymFinTek Group”) and third-party service providers outside of the European Economic Area (the “EEA”) and will transfer your Personal Data to countries outside of the EEA. If these transfers are to a country for which the EU Commission has not issued an adequacy decision, SymFinTek uses the EU standard contractual clauses to contractually require that your Personal Data receives a level of data protection consistent with the EEA. You can obtain a copy (redacted to remove commercial or irrelevant information) of such standard contractual clauses by sending a request to privacy@SymFinTek.com. You can also obtain more information from the European Commission on the international dimension of data protection here.
What are your data protection rights?
You can request from SymFinTek: access at any time to information about which Personal Data SymFinTek processes about you and the correction or deletion of such Personal Data. Please note, however, that SymFinTek can or will delete your Personal Data only if there is no statutory obligation or prevailing right of SymFinTek to retain it. Kindly note further that if you request that SymFinTek deletes your Personal Data, you will not be able to continue to use any SymFinTek service that requires SymFinTek’s use of your Personal Data.
If SymFinTek uses your Personal Data based on your consent or to perform a contract with you, you can further request a copy of the Personal Data that you provided to SymFinTek. To do so, please contact the email address below and specify the information or processing activities to which your request relates, the format in which you would like to receive this information, and whether the Personal Data should be sent to you or another recipient. SymFinTek will carefully consider your request and discuss with you how it can best fulfill it.
Furthermore, you can request from SymFinTek that SymFinTek restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data SymFinTek has about you is incorrect, subject to the time SymFinTek requires to check the accuracy of the relevant Personal Data, (ii) there is no legal basis for SymFinTek processing your Personal Data and you demand that SymFinTek restricts your Personal Data from further processing, (iii) SymFinTek no longer requires your Personal Data but you state that you require SymFinTek to retain such data in order to claim or exercise legal rights or to defend against third party claims, or (iv) in case you object to the processing of your Personal Data by SymFinTek based on SymFinTek’s legitimate interest (as further set out below under Section C.), subject to the time required for SymFinTek to determine whether it has a prevailing interest or legal obligation in processing your Personal Data.
For individuals within the State of California, you instead have the right:
- to request from SymFinTek access to your Personal Data that SymFinTek collects, uses, discloses, or sells (if applicable) about you;
- to request that SymFinTek delete Personal Data about you;
- to non-discriminatory treatment for the exercise of any of your data protection rights; and
- in case of a request from SymFinTek for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance; and
- to opt-out of the sale of Personal Data. In accordance with the disclosure requirements under the California Consumer Privacy Act (“CCPA”), SymFinTek is exempt from providing notice to opt-out because it does not and will not sell your Personal Data.
Please note, however, that SymFinTek can or will delete your Personal Data only if there is no statutory obligation or prevailing right of SymFinTek to retain it. Kindly note further that if you request that SymFinTek deletes your Personal Data, you will not be able to continue to use any SymFinTek service that requires SymFinTek’s use of your Personal Data.
How can you exercise your data protection rights? Please direct any requests to exercise your rights to webmaster@SymFinTek.com.
For individuals within the State of California, you may also exercise your rights as follows:
You can call toll-free to submit a request using the numbers provided in our website. You can also designate an authorized agent to submit requests to exercise your data protection rights to SymFinTek. Such authorized agent must be registered with the California Secretary of State and submit proof that you have given authorization for the agent to act on your behalf. If you are a person with a disability, contact SymFinTek at the above address or toll-free phone number to access the Privacy Statement in an alternative format.
How will SymFinTek verify requests to exercise data protection rights? SymFinTek will take steps to ensure that it verifies your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise. When feasible, SymFinTek will match the Personal Data provided by you in submitting a request to exercise your rights with information already maintained by SymFinTek. This could include matching two or more data points you provide when you submit a request with two or more data points that are already maintained by SymFinTek.
In accordance with the verification process set forth in the CCPA, SymFinTek will require a more stringent verification process for deletion requests, or for Personal Data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. If SymFinTek must request additional information from you outside of the information that is already maintained by SymFinTek, SymFinTek will only use it for the purposes of verifying your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.
SymFinTek will decline to process requests that are manifestly unfounded, excessive, fraudulent, or are not otherwise required by local law.
Right to lodge a complaint. If you take the view that SymFinTek is not processing your Personal Data in accordance with the requirements in this Privacy Statement or under applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where SymFinTek has its registered seat.
Can I use SymFinTek’s goods and services if I am a minor or child?
Children. SymFinTek websites and online services are not directed to users below the age of 16 years or the equivalent minimum age in the relevant jurisdiction. If you are younger than 16, you cannot register with and use this website or online services.
U.S. Children’s Privacy. SymFinTek does not knowingly collect the Personal Data of children under the age of 13. If you are a parent or guardian and believe SymFinTek collected information about a child, please contact SymFinTek as described in this Privacy Statement. SymFinTek will take steps to delete the information as soon as possible. Given that SymFinTek websites and online services are not directed to users under 16 years of age and in accordance with the disclosure requirements of the CCPA, SymFinTek does not sell the Personal Data of any minors under 16 years of age.
Processing based on a statutory permission
Why does SymFinTek need to use my Personal Data and on what legal basis is SymFinTek using it?
Processing to fulfill contractual obligations. SymFinTek requires your Personal Data to deliver goods or services you order under a contract SymFinTek has with you, to establish a contract for goods or services between you and SymFinTek, or to send you invoices for ordered goods or services. SymFinTek processes Personal Data to fulfill contractual obligations pursuant to Article 6(1), lit. b GDPR or under the equivalent article under other national laws, when applicable.
Processing when necessary to fulfill SymFinTek’s contractual obligation includes responding to your related inquiries, processing your feedback, or providing you with support. This can also include conversation data that you may initiate or enable such as through the chat functionalities on SymFinTek.com or other local SymFinTek web presences, through contact forms, emails, or by telephone. In this Privacy Statement, “goods and services” includes access to SymFinTek’s web services, offerings, contests, sweepstakes, other content, non-marketing-related newsletters, whitepapers, tutorials, training, and events.
Furthermore, SymFinTek communicates on a regular basis by email with users who subscribe to its services and will also communicate by phone to resolve your or other customer complaints or to investigate suspicious transactions.
SymFinTek will use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to its products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications because these communications are required for the relevant business relationship and not marketing-related in nature.
For marketing-related communications such as emails and phone calls, SymFinTek will (i) only provide you with such information after you have opted in if legally required, and (ii) provide you the opportunity to opt-out if you do not want to receive further marketing-related communications. You can also opt-out of marketing-related communications at any time by updating that preference.
Processing to ensure compliance. SymFinTek and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, SymFinTek is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through SymFinTek’s websites or other delivery channels controlled by SymFinTek. This could include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to SymFinTek’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match. Any such use of your Personal Data is based on the permission to process Personal Data in order to comply with statutory obligations (Article 6(1) lit. c GDPR) and SymFinTek‘s legitimate interest (Article 6(1) lit. f GDPR) or under the equivalent articles under other national laws, when applicable.
Furthermore, you acknowledge that information required to track your data protection and privacy choices for processing your Personal Data, or for receipt of marketing materials (that is to say, depending on the country in which the relevant SymFinTek Group company operates and whether you have expressly consented to or opted out of receiving marketing materials) may be exchanged among members of the SymFinTek Group when necessary to ensure compliance.
Processing based on SymFinTek’s legitimate interest. SymFinTek can use your Personal Data based on its legitimate interest (Article 6(1), lit. f GDPR) or the equivalent article under other national laws, when applicable, as follows:
- Fraud and Legal Claims. If required, SymFinTek will use your Personal Data for the purposes of preventing or prosecuting criminal activities such as fraud and to assert or defend against legal claims.
- Questionnaires and surveys. SymFinTek could invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any data that can be used to identify you. If you nonetheless enter such data in a questionnaire or survey, SymFinTek will use this Personal Data to improve its products and services.
- Contract Performance. If you purchase or intend to purchase goods or services from SymFinTek on behalf of a corporate customer or otherwise be the nominated contact person for the business relationship between a corporate customer (a “Customer Contact”) and SymFinTek, SymFinTek will use your Personal Data for this purpose. This includes, for the avoidance of doubt, such steps are required for establishing the relevant business relationship. In case that an existing Customer Contact informs SymFinTek that you are his replacement, SymFinTek will, from the point in time of such notification, consider you to be the relevant Customer Contact for the respective customer until you object as further set out below.
- Creation of anonymized data sets. SymFinTek will anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.
- Personalized Content. If you opt-in to receive marketing communications such as and including newsletters, brochures or white papers from SymFinTek, SymFinTek will collect and store details of how you interact with such content to help create, develop, operate, deliver and improve our communications with you. This information is aggregated and used to help SymFinTek provide more useful information and to understand what is of most interest to you.
- Recordings for quality improvement purposes. In case of telephone calls or chat sessions, SymFinTek will record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions to improve the quality of SymFinTek’s services.
- To keep you up-to-date or request feedback. Within an existing business relationship between you and SymFinTek, SymFinTek might inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars and events) which are similar or relate to such products and services you have already purchased or used from SymFinTek. Furthermore, if you attend a webinar, seminar or event of SymFinTek, download or view whitepapers, newsletters, videos, software free trials, or purchase products or services from SymFinTek, SymFinTek might contact you for feedback regarding the improvement of the relevant material, product or service.
Right to object. You can object to SymFinTek’s use of your Personal Data as set forth in this section at any time by updating that preference. In this case, SymFinTek will carefully review your objection and cease further use of the relevant information unless SymFinTek has a compelling legitimate ground for continued use of the information and such ground overrides your objection, or if SymFinTek requires the information for the establishment, exercise or defense of legal claims.
Processing under applicable national laws. If the applicable national law allows SymFinTek to do so, SymFinTek will use information about you, some of which is Personal Data, for the following business purposes:
- to plan and host events
- to host online forums or webinars
- for marketing purposes such as to keep you updated on SymFinTek’s latest products and services and upcoming events
- to contact you to discuss further your interest in SymFinTek services and offerings
- to help SymFinTek create, develop, operate, deliver and improve SymFinTek services, products, content and advertising and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by SymFinTek
- to provide more personalized information to you
- for loss prevention
- for account and network security purposes
- for internal purposes such as auditing, analysis, and research to improve SymFinTek’s products or services
- to verify your identity and determine appropriate services
- detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
- debugging to identify and repair errors that impair existing intended functionality
- Undertaking internal research for technological development and demonstration
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by SymFinTek.
What are cookies and similar technologies?
Cookies are small files placed on your device (computer, tablet, or smartphone). When you access a website, a cookie is placed on your device and it will send information to the party that placed the cookie.
There are other technologies that perform a similar function to cookies. These include web beacons and clear gifs. These are often used in conjunction with cookies to help a website owner understand its users better. When SymFinTek sends you newsletters or other messages SymFinTek uses these technologies as follows so that SymFinTek can track email open and click rates: In order to determine a user’s ability to receive HTML e-mail in addition to whether or not an e-mail has been opened, SymFinTek includes a “web beacon” in the majority of HTML e-mail messages SymFinTek sends. A web beacon (a small .gif image) is activated when an HTML e-mail is opened via a request for the image on our servers. This capability helps SymFinTek send e-mail in a format that users can read and enables us to track the aggregate number of e-mails opened. The web beacon does not collect any personal data.
What are first-party cookies?
SymFinTek’s websites have first-party cookies and allow third parties to place cookies on your device. The difference between a first-party cookie and a third-party cookie relates to who places the cookie on your device. First-party cookies are cookies that are specific to the website that created them. These cookies enable SymFinTek to operate an efficient service and to track patterns of user behavior to SymFinTek’s website.
What are third-party cookies?
What is a session and what is a persistent cookie?
Our websites may place session and persistent cookies on your device. Whereas the difference between a first-party and third-party cookie relates to the party controlling the initial placement of the cookie on your device, the difference between a session and a persistent cookie relates to the length of time the cookie lasts. Session cookies are cookies that typically last for as long as you are using your browser or browser session. When you end your browser session, the cookie expires. Persistent cookies, as the name implies, are persistent and will last after you close your browser. This allows for quicker and often more convenient access to our website.
What cookies are used on SymFinTek websites?
SymFinTek differentiates between Required Cookies that are absolutely necessary for the website’s technical features, Functional Cookies that allow SymFinTek to analyze the site usage, and Advertising Cookies that are used by advertising companies to serve ads relevant to your interests.
Required Cookies are required to enable core site functionality. These cookies allow SymFinTek to provide you a secure log-in and to remember your log-in details, to establish and maintain your shopping cart, and to make sure the website looks consistent.
Functional Cookies allow SymFinTek to analyze site usage so it can measure and improve its performance. These cookies collect information on how a website is used – for example, which pages a visitor opens most frequently and whether they receive error messages from a page. These cookies do not save any information that permits the identification of the user. The collected information will be aggregated and thus will be analyzed in a non-attributable way to a specific person. These cookies are used exclusively to improve the performance of a website and thus the user experience.
Advertising Cookies are used by advertising companies to serve ads that are relevant to your interests. These Cookies allow you to share pages with social networks and to post comments. Further, to serve ads relevant to your interests.