BRAND platform is an online software platform available on the web and mobile apps that helps sales consultants sell their personal inventory and on-hand product. The collection, processing, and management of data by and on behalf of the Client is critical to the provision of the BRAND platform. In order to provide the BRAND platform to the Client, Cheddar Up will have access to the Client’s information that is entered into, stored in, and extracted from the BRAND platform. In addition, the BRAND platform relies on cloud storage, processing, and security services provided by reputable third parties.
2) CATEGORIES OF INFORMATION.
Personally Identifiable Information (PII) – Information that directly identifies, or which Cheddar Up reasonably believes can be used to identify, an individual or individuals, using widely available technologies and techniques presently in use.
Non-Personally Identifiable Information (Non-PII) – Information that does not identify an individual or individuals, and which Cheddar Up reasonably believes cannot be used to identify an individual or individuals, using widely available technologies presently in use. Non-PII includes records that have been de-identified according to applicable standards.
3) PROCESSING OF PII
Subject to applicable laws and regulations, Cheddar Up may use the contact information of the Client’s Users and employees, including PII, in order to promote or facilitate upgrades and additional services, including services complementary to the BRAND platform, or to provide information regarding Cheddar Up programs and services.
4) PROCESSING OF NON-PII
Non-PII includes aggregate statistical information; records that have been de-identified, individual statistics such as body-mass index, height and weight that are not connected to PII; non-specific geographic information such as the name of a city, and postcodes where such information is not connected to PII; insurance carrier information where such information is not connected to PII; information on health conditions that is not connected to PII; and demographic information such as age and gender.
Non-PII may be processed and shared in order to facilitate the provision of the BRAND platform, to facilitate payment, billing, treatment, and operations; for research and analytics, and for marketing purposes. In addition to the Client’s Users and cloud service providers, Non-PII may be shared (subject to the protections under Paragraph 10 of the Agreement, NONDISCLOSURE OF CONFIDENTIAL PROPRIETARY AND COMMERCIALLY SENSITIVE BUSINESS INFORMATION) with:
● Cheddar Up staff, business partners, and owners;
● SMS aggregators, telecommunications providers, and messaging services; and
● Government agencies.
In the course of providing the BRAND platform and other Cheddar Up programs, Cheddar Up may compile statistical information in aggregate from non-PII, metadata and other system use data with the intention of maintaining the reliability of the service, maintenance and the development of new features for the software, and other purposes. Such statistical information will not incorporate or identify the Client’s confidential information, and is subject to the protections for confidential proprietary and sensitive business information of Cheddar Up protected under Paragraph 10 of the Agreement. Cheddar Up retains all intellectual property rights in such information.
In performing hosting Services for Client-provided personal information, Cheddar Up has the obligation to employ commercially reasonable means for keeping confidential information safe. Cheddar Up reserves the right to provide the Services from locations, and/or through use of subcontractors, worldwide. The Client agrees to provide any required notices and obtain any consents related to the Client’s use of the Services and Cheddar Up’s provision of the Services, including those related to the collection, use, processing, transfer and disclosure of PII. The Client shall have responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of the Client’s Data.
6) DATA PROCESSOR AND CONTROLLER
Where applicable, Cheddar Up is the data processor (and thus processes PII on behalf of the Client) and the Client is the data controller with respect to PII.