SWOOP Analytics Pty Ltd (“SWOOP”) offers tools and platform commercialised as “SWOOP Analytics” which provide the means to measure the use of collaboration software. SWOOP understands the importance of protecting individuals’ privacy and their personal information. For this reason, we strive to have business procedures and security safeguards in place to protect personal information under its control.
Application and Scope
SWOOP complies with: (i) data protection laws applicable to SWOOP; and (ii) applicable industry standards concerning data protection, confidentiality or information security. SWOOP has global operations and therefore, in some cases, information managed by SWOOP may be transferred, processed and stored to other countries, although at all times, SWOOP will ensure that personal information is protected by confidentiality and security procedures and protections that are, at a minimum, equivalent to those employed by SWOOP itself.
SWOOP complies with this Policy as well as applicable Australian data protection laws as well as protection of personal information according to the General Data Protection Regulation (GDPR), being Regulation 2016/679 of the European Parliament and of the Council. SWOOP is certified against ISO/IEC 27001:2013.
Definition of Personal Information
Personal Information has the meaning attributed to that term in the GDPR;
Collection and Use of Personal Information through the Service
When providing the Service, SWOOP only processes personal information in accordance with the Terms and applicable laws. SWOOP generally uses personal information from or about its Customers and Users (as defined in the Terms), (hereinafter referred to as “Customer’s Personal Information”) for the following purposes:
- to create, establish and administer Customer’s account, to respond to Customer’s inquiries related to its account and to contact Customer about SWOOP’s services or account-related matters;
- to provide services, including to provide Customer and its Users with access and use of the SWOOP platform and customer support;
- to measure and analyze User behavior in order to, among others, monitor, maintain and improve SWOOP’s services or features and to create new services or features;
- to personalise or customise the experience when using the services;
- to meet legal and regulatory requirements and to allow SWOOP to meet contractual requirements relating to the services provided to Customer;
When the Customer signs up to use the Service, we collects the following data types:
- User data (such as user ID, join/leave dates, department), which is automatically collected when the SWOOP data miner runs.
- Collaboration data, which are automatically collected when the User signs in to our Services. This includes meta-data about messages (for example date stamp, message id, hashtag name and/or id and group name and/or id). If the Customer has enabled Sentiment Analysis, then a sentiment score is calculated and stored.
- User-interface interactions, which are automatically collected when the User signs in to our Services. This includes mouse interactions (mouse-over and clicks), time spent on the page, browser data, IP address and which SWOOP customer site is being accessed.
For a complete list of the meta-data that we collect, please contact your SWOOP representative.
All Customer data collected and managed by SWOOP is classified as sensitive and treated as such. Unless required or authorized by law, SWOOP will not use Personal Information for Customer or User for any other or new purpose without obtaining prior consent. SWOOP may use information provided by Customers to create de-identified data aggregated for research and benchmarking purposes.
Collection and Use of Personal Information through the Website
SWOOP generally collects and uses personal information from or about its website users as follows:
- Information provided by users. In many cases, SWOOP collects personal information directly from users when they visit or use the website. For instance, SWOOP may collect the following types of information:
- Inquiries and Requests for a Trial or Service. SWOOP may collect users’ name, contact information, e-mail address and any other information provided when users make an inquiry or contact SWOOP through the website, when users sign up to receive SWOOP’s newsletter or when users submit a request or an order for an SWOOP trial or service. SWOOP will only use this information to process and answer users’ request or to manage SWOOP everyday business needs in connection with such request.
- Personalization of Website. When users visit the website, they may, from time to time, be invited to provide information such as user’s title to help SWOOP personalise or customise the users experience when using the website.
- Technical information. When users visit the website, SWOOP may collect, using electronic means such as cookies, technical information. This information may include information about visits to the website, including the IP address of the users’ computer and which browser was used to view the website, the users’ operating system, resolution of screen, location, language settings in browsers, the site the user came from, keywords searched (if arriving from a search engine), the number of page views, information entered, advertisements seen, etc. This data is used to measure and improve the effectiveness of the website or enhance the experience for users. While most of the time this information is depersonalized, if this information relates to an identifiable individual, SWOOP will treat this information as personal information. SWOOP may also, without limitations, collect and use the following type of information when users visit and/or interact with SWOOP on the website:
- Google Analytics: SWOOP uses Google Analytics which allows it to see information on user website activities including, but not limited to, page views, source and time spent on our website. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. Users may opt-out of SWOOP’s use of Google Analytics by visiting the Google Analytics opt-out page.
- Privacy Policies of other Websites. This Policy only addresses the use and disclosure of information by SWOOP. Other websites that may be accessible through the website have their own privacy policies and data collection, use and disclosure practices.
- Personal Information from other Sources. SWOOP may obtain from third parties additional personal information about a website user if such user gave permission to those third parties to share its information.
Sharing of Personal Information
SWOOP will not sell, rent or trade personal information to any third party. However, SWOOP may share personal information when authorized and/or required by law or as follows:
- As permitted or required by law. SWOOP may disclose personal information as required by applicable law or by proper legal or governmental authority. SWOOP may also disclose information to its accountants, auditors, agents and lawyers in connection with the enforcement or protection of its legal rights. SWOOP may also release certain personal information when it has reasonable grounds to believe that such release is reasonably necessary to protect the rights, property and safety of others and itself, in accordance with or as authorized by law. In the event SWOOP receives a governmental or other regulatory request for any Customer’s Personal Information, it agrees to immediately notify Customer in order that Customer shall have the option to defend such action. SWOOP shall reasonably cooperate with Customer in such defence.
- Business transaction. SWOOP may disclose personal information to a third party in connection with a sale or transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However, in the event the transaction is completed, personal information will remain protected by applicable data protection laws. In the event the transaction is not completed, SWOOP will require the other party not to use or disclose the personal information received in any manner whatsoever and to delete such information.
Security of Personal Information for the Service
- SWOOP will store and process the personal information in a manner consistent with industry security standards. SWOOP has implemented technical, organizational and administrative systems, policies, and procedures to help ensure the security, integrity and confidentiality of personal information and to mitigate the risk of unauthorized access to or use of personal information, including (i) appropriate administrative, technical and physical safeguards and other security measures designed to ensure the security and confidentiality of the personal information it manages; (ii) a security design intended to prevent any compromise of its own information systems, computer networks or data files by unauthorized users, viruses or malicious computer programs; (iii) appropriate internal practices including, but not limited to, encryption of data in transit; using appropriate firewall and antivirus software; maintaining these countermeasures, operating systems and other applications with up-to-date virus definitions and security patches so as to avoid any adverse impact to the personal information that it manages; appropriate logging and alerts to monitor access controls and to assure data integrity and confidentiality; permitting only authorized users access to systems and applications; and (iv) all persons with authorized access to personal information must have a genuine business need-to-know prior to access (“Security Program”).
Training and Supervision
SWOOP maintains adequate training programs to ensure that its employees and any others acting on its behalf are aware of and adhere to its Security Program. SWOOP shall exercise necessary and appropriate supervision over its relevant employees to maintain appropriate confidentiality and security of the personal information it manages.
Data Incidents involving Customer’s Personal Information
SWOOP shall immediately notify Customer of any reasonably suspected or actual loss of data or breach or compromise of its Security Program which has or may result in the loss or unauthorized access, disclosure, use or acquisition of Customer’s Personal Information (including hard copy records) or otherwise presents a potential threat to such information (“Data Incident”). While the initial notice may be in summary form, a comprehensive written notice shall be given within 48 hours to Customer. The notice shall summarize in reasonable detail the nature and scope of the Data Incident (including each data element type) and the corrective action already taken or to be taken by SWOOP. SWOOP shall promptly take all necessary and advisable corrective actions, and shall cooperate fully with Customer in all reasonable efforts to mitigate the adverse effects of Data Incident and to prevent its recurrence.
The following sections relate specifically to GDPR for the purpose of delivering the Service to the Customer.
Data Processor and Data Controller
The Customer is the data controller and SWOOP is the data processor.
All SWOOP employees and contractors have a responsibility for ensuring that Customer data we collect is stored and handled appropriately.
- The SWOOP Executive Committee has ultimate responsibility for ensuring that SWOOP Analytics meets its legal obligations.
- The SWOOP Analytics Data Protection Officer / Senior Responsible Officer for Security is responsible for:
- Ensuring that information security and privacy requirements are adequately addressed.
- Keeping the SWOOP Executive Committee updated about data protection responsibilities, risks and issues.
- Reviewing all data protection policies, standards and procedures as per the Information Security Management System (ISMS).
- Arranging data protection training for all SWOOP analytics employees and contractors.
- Addressing data protection questions from staff, customers or individuals e.g. data subject access requests.
- Approving any contracts or agreements with third parties that may handle sensitive data.
- Approving any data protection statements attached to communications.
- Ensuring marketing initiatives are compliant with data protection principles.
- The SWOOP Analytics Chief Technology Officer is responsible for:
- Ensuring all systems, software, services and equipment used for storing data meet acceptable security standards.
- Performing regular checks and scans to ensure security systems are functioning properly.
- Evaluating the on-going effectiveness of third party services used by SWOOP Analytics.
Our Customers also have certain obligations. These include:
- Ensuring consent from data subjects for SWOOP to process data
- Nominating a point of contact for data subject requests
- Validating data subject requests
- Where relevant, correcting any personal information for users which has been provided to SWOOP
SWOOP runs its systems on state-of-the-art data centres located in a region agreed to by the Customer. These state-of-the-art, highly secure and universally trusted data centres provide protection of hardware, software, networks, data and facilities utilising a range of verified controls in compliance with a comprehensive set of international protective security standards.
If a SWOOP customer has opted in for sentiment analysis, then SWOOP makes use of Microsoft Cognitive Services. Microsoft Cognitive Services are located in state-of-the-art, highly secure and universally trusted Microsoft Azure data centres in a region nominated by the Customer.
SWOOP has implemented a range of comprehensive security controls to protect customer data. These include:
- Encryption of all data at rest and in transit.
- Role based access controls ensuring limited access to personal data.
- Connections secured via SSL/TLS.
- Secure application development practices that incorporate privacy by-design principles and integrated security reviews throughout design, coding and deployment.
- Annual penetration test and automated monthly perimeter scans
SWOOP is currently in the process of preparing for ISO27001 accreditation, which we are on track of achieving by 2018.
Data Quality and Accuracy
All SWOOP data is sourced from the customer’s Yammer or Workplace instances. Any update in the customer Yammer or Workplace system is automatically replicated in the SWOOP system. Customers can choose to add or remove additional user attribute data to SWOOP.
Data subject access requests for accessing, changing or removing personal information must be handled by the Customer and applied in the Customer’s own Yammer or Workplace system. Any requests received by SWOOP will be referred to the Customer
It is the responsibility of the Customer to update any data inaccuracies in the source Yammer/Workplace and/or to update any user attribute data provided to SWOOP.
SWOOP retains a maximum of two years of Yammer/Workplace data for each customer. Data which has a date stamp in excess of two years is deleted. Upon the expiry of the subscription agreement between SWOOP and the customer all raw data will be deleted. SWOOP maintains a benchmarking database of aggregated anonymous results of certain calculations (e.g. total number of replies per post) which is used for anonymous cross-company benchmarking. This limited aggregated dataset is owned by SWOOP, and will be kept after the expiry of the subscription period.
International transfers of personal information
Personal information held in SWOOP will be stored in one of SWOOP’s regional data centres as nominated by the customer. For support and troubleshooting purposes, some customer data may be accessed by SWOOP support staff in Australia. SWOOP has implemented a range of appropriate safeguards via various controls and mechanisms (some described above) to ensure the protection of personal information.
Submitting requests for support
Any requests for support to respond to data subject request must be emailed to email@example.com by the customer’s nominated point of contact. If SWOOP receives requests from a user directly we will refer the user to the Customer. Any data subject requests received which are not received from the customer’s nominated point of contact, will be forwarded to the nominated point of contact for validation.
How to Contact Us
Any questions or complaints regarding this Policy, GDPR or SWOOP handling of personal information can be addressed by sending an email to firstname.lastname@example.org.
SWOOP will review and update its policies and procedures as required to keep current with rules and regulations, new technologies, standards and customer concerns. This Policy may therefore change from time to time.
This Policy was last updated on October 16th, 2018.