Privacy Policy

Updated: 5 February 2024

1. INTRODUCTION

3Floorsup Pty Ltd, its subsidiaries, including Maintainly LLC, affiliates and partners, collectively referred to as “Us”, “We” or “Maintainly” respect your privacy rights and the importance of keeping information that you give to Us confidential as well as protected. Our Privacy Policy aims to help you understand what information We collect from you, how We collect it, what We do with it and how and when We delete it.

The systems, skills, methodologies, knowledge, trade secrets, know-how, and computer software for the gathering, storing, manipulating, displaying and reporting of data, support and training rendered, as well as an application programming interface ("API") being licensed under the Maintainly Terms of Service Agreement all form part of what is referred to herein as "The Service". This Policy applies across all websites, platforms, or any form of applications that We offer as part of The Service. The Service may contain links to third party websites but this Privacy Policy applies solely to information collected by Us.

We may need to update this Privacy Policy from time to time. Where a change is significant enough to change the effect, we’ll let you know by sending you an email or an in-application notification.

Data Privacy Framework

Maintainly complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Maintainly has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Maintainly has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Maintainly commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

In compliance with the Data Privacy Framework, 3Floorsup Pty Ltd commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Data Privacy Framework policy should first contact Maintainly at:
[email protected]
or write:
Maintainly Data Protection Officer
4967 Newport Ave, Suite 12, #165
San Diego, CA 92107
USA

Maintainly commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to non-human resources data transferred from the EU and Switzerland.

Maintainly is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Under certain conditions, individuals have the right to invoke binding arbitration related to their personal data. In some cases, We hold liability in cases of onward transfers of data to third parties.

2. WHO WE ARE

We are 3Floorsup Pty Ltd and Maintainly LLC

3. INFORMATION WE COLLECT - REQUIRED TO PROVIDE THE SERVICE

When you sign up for The Service, even if just for a free trial, or contact Us via email or social networks, we will request certain information to allow Our user account system, billing process and support services to operate according to how We tell you The Service will be delivered under our Terms of Service.

The information We collect for this purpose includes:

  • your name
  • email address
  • telephone number
  • IP address
  • browser
  • browser version
  • operating system
  • usage data and your employer
  • If you are responsible for payment of The Service then We will also ask you for your employer’s address and billing information.

If you pay via credit card, we do not collect or store your details; payments are processed by our contractor, Paddle.

If you don’t want to provide Us with personal data, you don’t have to, but it might mean you can’t use some or all parts of The Service.

4. INFORMATION WE COLLECT - RELATED TO YOUR INTERACTION WITH US

When you sign up for The Service, even if just for a free trial, visit any of the websites or applications within our network, or contact Us via email or social networks We automatically collect information on how you interact with The Service, such as the IP address from which you access The Service, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked. We may also collect location information, including location information automatically provided by your computer or device. We use cookies and similar technologies to collect some of this information. For more information, please see Our Cookie Policy.

5. HOW WE USE YOUR DATA

We use your personal data in the following ways:

  • To provide, maintain and improve The Service and to offer other products and services, including to operate certain features and functionality of The Service (for example, by remembering your information so that you will not have to re-enter it during this or subsequent visits);
  • To process your inquiries and otherwise deliver customer support to you and to communicate directly with you;
  • To process payments for The Service. Any credit card information you provide via The Service is collected and processed directly by Our payment processor, Paddle. We never receive or store your credit card information.
  • To control unauthorised use or abuse of The Service or otherwise detect, investigate or prevent activities that may violate our Terms of Service, or be illegal;
  • To analyse trends, administer or make The Service better, monitor usage or traffic patterns (including to track your movement around The Service) and gather demographic information about our user base as a whole;
  • To deliver advertising to you, including by serving and managing ads based on your interests and browsing history with Us.

6. HOW WE SHARE YOUR DATA

We will never transfer or sell your personal information to third parties except in the following limited circumstances:

  • We may share your personal information with other companies, subsidiaries and affiliates within Our network but only for the purpose of delivering The Service to you;
  • We may share your personal information with third-party service providers to permit such parties to provide services that help Us with our business activities, which may include assisting Us with marketing, advertising our product/service, or providing, maintaining and improving the features and functionality of The Service, among other things. For example, We may provide personal information to Our service providers for direct emailing of Our newsletters (eg. Mailcoach) or notifications of Our product/service offerings (eg. Intercom);
  • We may share your personal information when We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce an Agreement, including investigation of potential violations thereof, or (c) protect against imminent harm to Our rights, property or safety, or that of Our users or the public as required or permitted by law;
  • We may share your personal information with third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud or security or technical issues;
  • We may share your personal information with our business partners who offer a service to You jointly with Us;
  • We may share your Payment Information in order to invoice you or otherwise administer your account and process payments (eg. Xero, Chargebee, Braintree, Paddle);
  • We may share and/or transfer your personal information if We become involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of our assets; and
  • We may share your personal information with a third party if We gather your consent to do so.

We may also share aggregated or anonymised data with third parties, that does not identify you individually, but may include usage, viewing and technical information such as the configuration of your computers and performance metrics related to the use of The Service which We collected through our technology, in order to operate and improve The Service. If We are required under applicable law to treat such information as personal information, then We will only disclose it as described above.

Maintainly engages certain onward sub-processors that may process personal information submitted to The Service. Here is a list of those sub-processors and links to their privacy policies:

7. INTERNATIONAL DATA TRANSFERS

When We share data, it may be transferred to, and processed in, countries other than the country you live in – such as to the United States, where our data hosting provider’s (Amazon Web Services) servers are located. These countries may have laws different to what you’re used to. Where we store or disclose personal data to a subsidiary, affiliate, partners or third party provider in another country, we put safeguards in place to ensure your personal data remains protected.

For individuals in the European Economic Area (EEA), this means that your data may be transferred outside of the EEA. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data, or to a third party where We have approved transfer mechanisms in place to protect your personal data and whose own privacy policy meets Our own high standards.

8. SECURITY

We’re committed to protecting your personal data. We implement appropriate technical and organisational measures to make sure that happens. All the data you transfer to us is done via Secure Sockets Layer (SSL); the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.

We never receive or store your full credit card information.

9. YOUR RIGHTS

It’s your personal data and you have rights relating to it.

At Maintainly, we respect your privacy and are committed to providing you with clear choices regarding your personal information. In accordance with the EU-U.S. Data Privacy Framework Principles, you have the following rights:

  • Know what personal data of yours that We are holding
  • Update the personal data that We are holding
  • Request a copy of your personal data
  • Ask Us to stop processing your personal data
  • Ask Us to delete uour personal data (which will be done within 7 days of receiving such a request).

Choice

Opt-Out: We may use your personal information to send you updates about our services or for internal analysis to improve our offerings. If you prefer that your personal information is not used for these purposes, you have the right to opt out. To do so, please contact us at [email protected].

Opt-In for Sensitive Information: We will not collect or use sensitive personal information (such as data revealing racial or ethnic origin, political opinions, religious beliefs, or health information) without obtaining your explicit consent. If we ever need to process such information, we will provide you with clear options to consent to this processing.

Onward Transfer to Third Parties

We will never share your data with a third party that is not essential and solely for the purpose of the provision of The Services. However, as it relates to the personal data that we collect from you, you can request that we delete that personal data and stop providing it to any third parties, by sending a request to [email protected]. Should the personal data you request to be deleted be essential to the provision of The Services to You, then we will no longer be able to provide to you The Services outlined in the TOS.

We will notify you and provide you with the opportunity to opt out before any such transfer occurs. We will ensure that any third party receiving your information has committed to providing the same level of privacy protection as outlined in our policy.

Access and Correction

You have the right to access the personal information we hold about you and to request corrections if necessary. To exercise this right, please contact us at [email protected].

You can exercise these rights at any time by sending an email to [email protected]. If at any time you have concerns over how your personal data is being handled, you can also send Us an email and we will provide you with answers to your questions within a reasonable amount of time. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardise the privacy of others or would be extremely impractical. Where We provide information access and correction, We perform this service free of charge, except if doing so would require a disproportionate effort. If you cease using The Service or We terminate your access to The Service in accordance with Our Terms of Service, you may no longer have the ability to access or update your information.

Keep in mind that some of the personal data may be the responsibility of your employer or a company that you or your employer is contracted to - the company that is engaging Us for The Service. This company is the processor of your personal data and you should contact them regarding their privacy policy.

You have the right to opt-out of certain communications from Us. You may be unable to opt-out of some communications that are essential to Us delivering The Service. Some communications from Us, like marketing newsletters for example, may contain an opt-out (or unsubscribe) link within the communication.

You can remove or block certain cookies using the settings in your browser but The Service may cease to function properly if you do so (eg. if they are used for security related to your ability to login or access The Service). For more information, please see Our Cookies Policy.

10. RETENTION

The length of time We keep your personal data depends on what it is and whether We have an ongoing business need to retain it (for example, to provide you with The Service or to comply with applicable legal, tax or accounting requirements).

We’ll retain your personal data only for as long as We have a relationship with you and for a period of 12 months afterwards where We have an ongoing business need to retain it, in accordance with Our data retention policies and practices. Following that period, we’ll make sure it’s deleted or anonymised. Or, we can delete it earlier if you request us to do so.

11. NO CHILDREN UNDER 16

The Service is not available for children under the age of 16. In the event that We confirm that We have collected personal information from someone under the age of 16 without verification of parental consent, We will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that We might have any information from or about such child, please contact Us at the email or mailing address provided above in the introduction.

12. CONTACT US

Contact us for any reason at [email protected].

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