- Data protection officer (DPO)
- Article 1 – What personal data do we process about you?
- Article 2 – Why do we collect your data?
- Article 3 – What is the legal basis of the processing of your personal data?
- Article 4 – How long will we keep your data?
- Article 5 – Will we use data for direct communication and marketing purposes?
- Article 6 – What are your rights?
- Article 7 – What security measures do we take?
- Article 8 – Do we disclose your data to third parties?
- Article 9 – Will we transfer data to a country outside of the European Economic Area?
- Article 10 – Updates and changes to the policy
- Article 11 – Validity of the contractual clauses
AppTweak SA (hereafter: we, us or AppTweak) may collect and process personal data and, within this framework, is committed to protecting your Personal Data and respecting your privacy in accordance with Data Protection Laws and under the conditions detailed hereunder.
- our general and informative website (https://www.apptweak.com, hereafter: the “General Website”) and the SaaS Platform (https://app.apptweak.com, hereafter: the “Solution”) (all together hereinafter: the “Site”), its subdomains, and related services;
- all existing (commercial) relations between AppTweak and its customers, prospects and business partners, and
- anyone with whom we may have a relationship.
Persons under the age of 18 and persons who do not have full legal capacity are not allowed to use the Site. AppTweak asks them not to provide their personal data. Any infringement found in this provision must be reported without delay to the following address: firstname.lastname@example.org.
AppTweak wishes to underline that it makes every effort to act at all times in compliance with Data Protection Laws, meaning all European Privacy Laws, where applicable, (i) EU Regulation 2016/679, adopted on 27 April 2016 (“GDPR”), (ii) Directive 2002/58/EC of 12 July 2002 (“e-Privacy Directive”), and any legislation replacing the GDPR and the e-Privacy Directive, (iii) any law, statute or regulation relating to the protection of Personal Data of a Member State of the European Economic Area (“EEA”), which may apply to one of the Parties in the context of its data processing activities or its establishment in the EEA, and all subordinate legislation made under them, together with any codes of practice or other guidance issued by the data protection regulator in the Territory;
If you have any other questions, do not hesitate to contact us at the following address: DPO@apptweak.com.
Data Protection Officer (DPO)
Pursuant to Article 37 GDPR, AppTweak has appointed a Data Protection Officer (more commonly known as “DPO”) to act as a single point of contact within our organization. Our DPO has been appointed on the basis of his professional qualities and, in particular, his expert knowledge of data protection law and practice and his ability to carry out the tasks covered by the GDPR. Here are his full contact details:
Charlotte De Raef
Article 1 – What personal data do we process about you?
1.1. By registering or completing a form available on AppTweak’s Site or in paper format (for example, subscription to AppTweak’s newsletter, contact form, demo registration, downloadable content form, screening questions for applications,.…), the Data Subject authorizes, in particular, AppTweak to record and store the following information for the purposes mentioned in Article 2;
1.2. If the Data Subject is a job applicant,
- identification data (such as the first name and surname, EU citizenship/visa and/or permit allowing you to work in the country where the job will take place, email address, telephone numbers, if you are based in the country where the job will take place);
- a picture (not mandatory);
- any other personal data included in your CV, cover letter or on your LinkedIn profile (such as academic and professional experience, education, interests, and linguistic competence);
- data related to the academic and professional background of the Data Subject;
- your diploma, if you are hired;
- our communications (by email or other);
AppTweak obtains the above personal data directly from you or via our partners, such as recruiting services, temporary agencies, etc. If you do not provide us with such information, we will not be able to continue our recruitment process.
1.3. If the Data Subject is a User of the Sites (of the General Website and the Solution),
- a) When the User accesses the Sites of AppTweak, we automatically record certain data, such as:
- within the framework of services that require authentication, identification data, such as first name and surname, email address, telephone numbers, and postal addresses;
- the IP address assigned to the User (when connected);
- the date and time of access to the Sites of AppTweak and other data related to traffic;
- demographic attributes of the User (for the Public Website only) or other data relating to communication;
- pages consulted by the User on the Sites of AppTweak;
- the type of browser, platform, and/or operating system used by the User;
- the search engine and keywords used to find our Sites;
- the browsing preferences if the User accepts the preferences cookies.
- b) When the User access and uses the Solution, AppTweak will also process
- data and information related to the User when creating or using their User Account, such as the surname, first name, email address, password, country, and other data related to the company they work for and Client of AppTweak (such as the full legal name, email address, language, and optionally, the company name, billing address, and tax ID number);
- data from third-party Applications that the User has requested to be integrated into their User Account;
- subscriptions history;
- all personal data voluntarily disclosed to AppTweak (during contact procedure for example);
The processing of some personal data is a condition in order to benefit from our services.
1.4. If the Data Subject is a Guest blog author,
- identification data, such as first name and surname, email address, telephone numbers and postal addresses of contact persons, and pictures;
- LinkedIn profile link, job title and employer name.
Article 2 – Why do we collect your data?
2.1. We process your data for various purposes. For each purpose, only the data relevant to the fulfilment of the relevant purpose is processed. The processing involves any operation (manual or automated) conducted on personal data.
2.2. If the Data Subject is a job applicant, we collect and process your personal data necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract, based on our legitimate interest or to fulfil a legal obligation, in particular, for the following purposes:
- the recruitment of employees, interns, and other staff members.
- to respond to requests for information and questions from applicants.
- to establish and execute the contractual relationship with the Data Subject.
- to respond to legal obligations in order to respect national labour laws.
- to respond to requests for information from the relevant authorities.
2.3. If the Data Subject is a User of the Site, AppTweak will process your data
- to process and respond to information requests and questions from Data Subjects asked via the online chat and the Contact Form or by any other means of communication. An online chat is available on the Sites and contact form on the Public Website. You also have the opportunity to contact us by telephone, e-mail, and post. In order to honor your requests, we will be required to process some of your personal data that you deem useful to communicate to us so that we can answer your questions. This processing is based on the (pre)contractual execution.
- to schedule a demonstration. We ask you to complete an online form in order to schedule a meeting with one of our experts. The information requested allows us to prepare our meeting in the best possible way and to adapt our commercial proposals.
- to inform you about publications and activities related to AppTweak.
- to disseminate and promote topical information about our activities and services.
- to receive news and tips on App Store Optimization and product/feature releases provided by AppTweak (such as AppTweak’s monthly newsletter); As part of the various services we offer, we offer you the possibility of subscribing to AppTweak’s monthly newsletter ticking the checkbox you’ll find under the contact forms on the public website, (downloadable content forms, contact forms, sign up form …), in order to be kept informed of promotional offers and product/features releases, receive tips on ASO and be informed of our next webinars and events. This processing is based on your consent.
- to send you Webinar and Event invitations.
- to allow the Data Subject to receive messages.
- to provide information on Site upgrades and functionality.
As well as,
- to personalize the User’s experience when using our Sites, to ease and facilitate the use of our Sites, and to analyze, adapt and enhance Sites’ contents.
In order to improve the quality of your visits to our Site, we use certain cookies allowing us to memorize some of your personal data. However, we make very limited use of long-lasting cookies:
- to conduct statistical surveys;
- for any other purpose, to which the Data Subject has expressly consented.
Especially, when the Data Subject is a User of the Solution, AppTweak will process their data for the following purposes:
- Start a free trial. To do this, it is necessary to create an online account and choose your Plan, by inserting personal data that we use to be able to link your account to your person.
- Registration of your User Account on our Site. You have the opportunity to place your orders online via your User account on our Site. To do this, it is necessary to create an online account and to choose your Plan, by inserting personal data that we use to be able to link your account to your person. However, we do not have access to your bank details. This processing is necessary for the performance of a contract and is also based on our legal obligation to provide (pre)contractual information.
- Performance of services, processing of your transactions, and execution of your instructions. AppTweak processes your data to carry out the services you have requested. This implies that your personal data will be held by AppTweak for the duration required to provide you with the subscribed service(s). The processing is established on the basis of fulfilling a contractual obligation.
- Sending Invoices and Collecting Payments. AppTweak provides services that require the use of some of your personal information in order to draw up invoices when necessary. Once the payments are collected, the data will be processed by the accounting department for good management purposes, such as billing records, surname, first name, and billing address. This processing activity is based on the performance of a contract and legal obligations.
2.4. If the Data Subject is a Guest blog author,
- to respond to information requests from Data Subjects.
- to establish and execute the partnership agreement with the Data Subject.
- for any other purpose, to which the Data Subject has expressly consented.
2.5. Regardless of the category of Data subject, AppTweak will process your personal data for:
- Compliance with Laws and Regulations. We make certain that we adhere to all laws and regulations and may need to process some of your personal data to do so. This processing is prompted by our obligation to comply with legal requirements.
- Protection of our Rights or the Rights of Third Parties. AppTweak can process your information for safeguarding our own rights or those of third parties. This will mainly occur during the defense or protection of legal rights and interests, legal proceedings, managing complaints or conflicts, and corporate restructuring, mergers, or acquisitions. We will be doing so based on a legal obligation or our legitimate interest.
2.6. If your data has been collected by a third party:
- For the fulfilment of the purposes of personal data processing conducted by this third party, whether or not jointly with AppTweak.
- Within the framework of reporting and statistical analysis.
Article 3 – What is the legal basis for the processing of your personal data?
The legal basis of the processing of your personal data is based on:
3.1. your consent; e.g. to the reception of direct communications.
If the legal basis of our treatment is your consent, you have the right to withdraw it at any time without prejudice to the lawfulness of the processing performed prior to withdrawal.
When you receive information in the context of direct communications, this means that you can unsubscribe at any time from newsletters and other commercial communications from us (e.g. invitations to training, events or webinars). You will be put in “opt-out”. You can unsubscribe by sending us an email at the following address: email@example.com or by clicking on the “Unsubscribe” button at the bottom of all direct communications. Please note that it may take up to 5 working days to process your opt-out request.
3.2. the performance of a contract and the execution of any of your requests: We do need to collect some of your data to answer any request from you. If you choose not to share this data with us, it may render the performance of the contract impossible.
3.3. a legal obligation we have to process the data; e.g. we do need to collect and store some of your data to meet various legal requirements, including tax and accounting.
3.4. the protection of vital interests.
3.5. the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
3.6. our legitimate interest, provided that it is in accordance with your interests, freedoms and fundamental rights.
We have a legitimate interest in providing you with this information and interacting with you, especially to respond to your requests or improve our services, prevent abuse and fraud, control the regularity of our operations, exercise, defend and preserve our rights, for example in litigation, as well as evidence of a possible violation of our rights, manage and improve our relations with you, continually improve our Site and our products/services unless such interests are supplanted by your interests or your fundamental rights and freedoms requiring the protection of your personal data.
Article 4 – How long will we keep your data?
4.1. AppTweak will keep the personal data of its Data Subjects for the duration necessary to achieve the objectives pursued (see Article 2), except where a longer retention period is required or justified (i) by law, namely in tax matters, or (ii) by compliance with another legal obligation. AppTweak may also continue to keep personal data concerning the Data Subjects, including all correspondence or requests for assistance sent to us in order to be in a position to reply to all questions or complaints that may be sent to it or after an event organized by AppTweak.
4.2. Without prejudice to the exercise of your rights, the protection of our rights, and other storage obligations prescribed by law,
a) for job applicants’ data, your data will generally be kept for a maximum of 24 months after unsuccessful candidates are notified, with regard to the data detailed in point (1.2.).
c) for Public Website users’ data, your data will generally be kept for a maximum of:
- 24 months after the last contact for data communicated when contacting us (in the absence of an order);
- 24 months after your last visit to the Site.
d) for Solution users’ data, your data will generally be kept for a maximum of:
- 10 years after the deletion of your account/the placing of your last order, with regard to the following data:
- Data and information relating to the User when creating or using their User Account, such as the last name, first name, email address, password, country, and other data related to the company they work for and Client of AppTweak (such as the full legal name, email address, country, and optionally, the company name, billing address, and tax ID number);
- Subscription history;
- Data communicated when contacting us (except in the absence of performance of services by apptweak – in this case, the data is kept for 24 months after the last contact)
e) for Apple and Google User’s reviews and usernames, your data will be kept for as long as it has a business interest.
f) for Guest blog authors’ data, your data will generally be kept as long as the blog is live and until it is removed from our website.
4.3. Once this goal is achieved, we either delete or anonymize the personal data.
Article 5 – Will we use data for direct communication and marketing purposes?
5.1. The personal data will not be used for direct communication purposes for articles or services that would not be identical or similar to those to which the User has already subscribed unless the User has previously explicitly consented to such use by ticking the boxes provided for this purpose (“opt-in”).
5.2. When you have given your consent to the use of this information for direct communication purposes, you retain the right to object to such use at any time, upon request, and free of charge. You may simply communicate your request by writing to the following address: firstname.lastname@example.org
Article 6 – What are your rights?
6.1. In the context of the processing of your personal data, you have the following rights:
- Right to access your personal data;
- Right to be informed about the purposes of the processing and the identity of the data controller;
- Right to rectify, complete or update your personal data. We encourage you from time to time to access your account (if applicable) or to consult us to check that your data is up to date;
- In certain circumstances, the right to delete your personal data (‘right to be forgotten’). You may, at any time request the deletion of your personal data, except those which we have a legal obligation to keep on record;
- Right to restriction of the processing of your personal data. You may, in particular, obtain a limitation of processing when you have objected to the processing, when you dispute the accuracy of the data, or when you consider that the processing is illegal;
- Right to the portability of your personal data. You have the right to receive the personal data that you have communicated to AppTweak and may also ask said company to send this data to another data controller.
- Right to object against the processing of your personal data;
- Right to withdraw your consent (if the legal basis for processing is consent);
- Right to lodge a complaint. You have the right to lodge a complaint about the way we process your personal data to the Belgian Data Protection Authority (DPA): Autorité de Protection des Données (APD), Rue de la Presse 35, B-1000 Brussels – email@example.com – https://www.autoriteprotectiondonnees.be.
6.2. We do not subject data subjects to decisions based exclusively on automated processing which produces legal effects concerning them or similarly significantly affects them, including profiling.
In accordance with the GDPR and Belgian law, the exercise of these rights is in certain cases limited to certain assumptions or subject to compliance with certain conditions.
If you exercise some of your rights, AppTweak indicates that certain services may no longer be accessible or may no longer be provided – for example if you delete some information from your user account, some services may no longer be provided to you.
6.3. If you wish to exercise your privacy rights, please contact firstname.lastname@example.org or, should you have any legal issue, our DPO: email@example.com. We will then take the necessary steps to satisfy this request as soon as possible and within one month of receipt of the request. If necessary, this period can be extended by two months, given the complexity and the number of requests.
Article 7 – What security measures do we take?
7.1. In addition, AppTweak has taken the appropriate organizational and technical measures to ensure a level of security adapted to the risk and that, to the extent possible, the servers hosting the personal data processed prevent:
- unauthorized access to or modification of this data.
- improper use or disclosure of such data.
- unlawful destruction or accidental loss of such data.
7.2. In this respect, employees of AppTweak and AppTweak members who have access to this data are subject to a strict confidentiality obligation. Nevertheless, we may in no way be held liable in the event that this data is stolen or hijacked by a third party despite the security measures adopted.
Article 8 – Do we disclose your data to third parties?
8.2. In this context, your personal data may possibly be communicated to the following persons or categories of persons:
- Payment and accounting partners
- CRM and communication tool
- User behaviour analytical tools
- Internal or external auditors
- Cloud service providers
- Social media platforms (such as LinkedIn)
- Recruiting platform/software
8.4. Notwithstanding the above, it is however possible that AppTweak transfers your personal data:
- To the competent authorities when we are required to do so on the basis of the law or within the framework of a judicial or administrative procedure. For example, we may need to exchange data with public authorities (including the judiciary, the police, and regulators) in the event of, for example, a cyber incident.
- To guarantee and defend our rights, or allow third parties to defend their rights.
- if this proves necessary or desirable to meet legal or regulatory obligations.
- Where we or substantially all of our assets are taken over by a third party, in which case your personal data – which we have collected – will be one of the transferred assets.
- To our affiliates/other group entities.
- When you have expressly consented to it, if applicable.
8.5. The communication of this information to the aforementioned persons shall, in all circumstances, be limited to what is strictly necessary or required by the applicable regulations.
8.6. We do not sell any data.
Article 9 – Will we transfer data to a country outside of the European Economic Area?
9.1. AppTweak transfers data to a country outside the European Economic Area only when that country ensures an adequate level of protection within the meaning of the legislation in force and, in particular, within the meaning of the General Data Protection Regulation (for more information on the countries offering an adequate level of protection, see the Adequacy decisions from the European Commission), or within the limits permitted by the legislation in force, for example by ensuring the protection of data by appropriate contractual provisions.
9.2 The information processed by AppTweak will be transferred or transmitted, or stored and processed, to our affiliates/members in the United States, Japan, India, UK, Canada and South Korea. We use standard contractual clauses approved by the European Commission and we rely on the European Commission’s adequacy decisions concerning certain countries. If you have any questions in this regard, do not hesitate to contact us at the following address: firstname.lastname@example.org.
Article 10 – Updates and changes to policy
Article 11 – Validity of the contractual clauses
11.1 Failure by AppTweak to invoke – at any given time – a provision of this Policy, may not be interpreted as a waiver to subsequently make use of its rights under the said provision.
Article 12 – Applicable law and jurisdiction
12.2 In the event of a dispute relating to the validity, interpretation, or implementation of the Policy, the courts and tribunals of Brussels (Belgium) have exclusive jurisdiction, to the extent permitted by the provisions of applicable private international law.
12.3 Before taking any step towards the judicial resolution of a dispute, the Data Subject and AppTweak undertake to attempt to resolve it amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration, or any other alternative method of dispute resolution.