Trust – Business Continuity and Disaster Recovery Policy

Business Continuity and Disaster Recovery Policy

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Trust – Privacy Policy

Privacy Policy

Your company’s secrets are safe with us.

Here you can find all our policies regarding privacy and terms of service. Any questions? Write to us at contact@productive.io.

    Applicability Of This Privacy Policy

    Effective: May 25, 2018

    This Privacy Policy describes how Productive collects, uses, and discloses information and what choices you have with respect to the information.

    Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by:

    organizing it into the sections listed in the Table of Contents below,

    providing a series of examples that help illustrate how the policies may be implemented by Productive and

    defining and capitalizing a few terms that are used more than once for simplicity and brevity.

    When we refer to “Productive”, we mean the entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.

    This Privacy Policy applies to Productive’s online productivity tools and platform, including the associated Productive mobile and desktop applications (collectively, the “Services”), Productive.io and other websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Productive. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Productive’s business.

    This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Productive platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services (their “Organization”) and any associated Customer Data. If you have any questions about specific Organization settings and privacy practices, please contact the Customer whose Organization you use. If you have received an invitation to join an Organization but have not yet created an account, you should request assistance from the Customer that sent the invitation.

    Information We Collect and Receive

    Productive may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

    Customer Data. Customers or individuals granted access to an Organization by a Customer (“Authorized Users”) routinely submit Customer Data to Productive when using the Services.

    Other Information. Productive also collects, generates and/or receives Other Information:

    1. Organization and Account Information 

    To create or update an Organization account, you or your Customer (e.g., your employer) supply Productive with an email address, phone number, password and/or similar account details. For details on how to enroll to Productive, click here. In addition, Customers that purchase a paid version of the Services provide Productive (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.

    2. Usage Information

    Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Productive logs the organizations, deals, projects, people, features, content and links you interact with, the types of files shared and what Third Party Services are used (if any).

    Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.

    Device information. Productive collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.

    Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Productive may also collect location information from devices in accordance with the consent process provided by your device.

    3. Cookie Information.

    Productive uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services.

    4. Third Party Services.

    Customers can choose to permit or restrict Third Party Services for their Organization. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Organization. Once enabled, the provider of a Third Party Service may share certain information with Productive. For example, if a cloud storage application is enabled to permit files to be imported to an Organization, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Productive to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Productive. When a Third Party Service is enabled, Productive is authorized to connect and access Other Information made available to Productive in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services. For more information on Third Party Services, click here.

    5. Contact Information.

    In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.

    6. Third Party Data.

    Productive may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

    7. Additional Information Provided to Productive.

    We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Productive.

    Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Organization setup details, is not provided, we may be unable to provide the Services.

    How We Use Information

    Customer Data will be used by Productive in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Productive is a processor of Customer Data and Customer is the controller. Customers may, for example, use the Services to grant and remove access to an Organization, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

    Productive uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Productive uses Other Information:

    To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request.

    As required by applicable law, legal process or regulation.

    To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.

    To develop and provide search, learning and productivity tools and additional features. Productive tries to make the Services as useful as possible for specific Organizations and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products.

    To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Productive. These are marketing messages so you can control whether you receive them.

    For billing, account management and other administrative matters. Productive may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.

    To investigate and help prevent security issues and abuse.

    If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Productive may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

    Data Retention

    Productive will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer Data is retained as long as the Customer uses Services. Once the Customer cancels use of Services, Customer Data is retained for the period of 5 years after which is going to be permanently deleted.

    The Customer may ask Productive to delete its Customer Data at any moment after canceling the use of Services by sending a request to contact@productive.io.

    The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please contact Customer. Productive may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Productive to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

    Intent To Become an Employee

    When you submit your personal data into “Apply for this position” form, it’s going to be used solely for the job you’re currently applying for, or the first position we think might fit your profile in case you’re applying for an unspecified position. We keep your data only during the job contest. You can also choose that we keep your data for five years after closing the contest you’re applying for. If something interesting pops up during that period, we’ll drop you an e-mail. You can change this whenever by sending us an e-mail to dpo@productive.io. For processing personal data for Productive’s recruitment purposes, we use a third-party applicant tracking system designed to take care of your personal info with the highest integrity developed by GREENHOUSE, USA, New York, and San Francisco. Greenhouse will handle your data with respect and for more details, check out their Privacy Policy. When you contact us for new business, employment, sponsorship, media inquiries, or anything else via contact@productive.io, we will first determine the nature of the inquiry. In case it contains personal information, we will process this information in the manner prescribed by these Rules for a particular type of personal data, or manner which is prescribed by law.

    How We Share and Disclose Information

    This section describes how Productive may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Productive does not control how they or any other third parties choose to share or disclose Information.

    Customer’s Instructions. Productive will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.

    Displaying Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Organizations. For example, an Authorized User’s email address may be displayed within their Organization profile. Please consult the Help Center for more information on Services functionality.

    Collaborating with Others. The Services provide different ways for Authorized Users working in an Organization to collaborate, such as public projects. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the Organization(s).

    Customer Access. Owners, administrators, Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Organization activity, or accessing or modifying your profile details.

    Third-Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the subprocessors we use to support the delivery of our Services is set forth at Productive Subprocessors.

    Third-Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Productive may share Other Information with Third-Party Services. Third-Party Services are not owned or controlled by Productive and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.

    Corporate Affiliates. Productive may share Other Information with its corporate affiliates, parents, and/or subsidiaries.

    During a Change to Productive’s Business. If Productive engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Productive’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.

    Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Productive customer the average amount of time spent within a typical Organization.

    To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.

    To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of Productive or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

    With Consent. Productive may share Other Information with third parties when we have consent to do so.

    Security

    Productive takes the security of data very seriously. Productive works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process, and store, and the current state of technology. To learn more about current practices and policies regarding the security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, Productive cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.

    Age Limitations

    To the extent prohibited by applicable law, Productive does not allow the use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

    Changes to This Privacy Policy

    Productive may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Productive will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

    International Data Transfers Privacy Shield and Contractual Terms

    Productive may transfer your Personal Data to countries other than the one in which you live. We deploy the following safeguards if Productive transfers Personal Data originating from the European Union to other countries not deemed adequate under applicable data protection law:

    European Union Model Clauses. Productive offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data. A copy of our standard data processing addendum, incorporating Model Clauses, is available here.

    Data Protection Officer

    To communicate with our Data Protection Officer, Jan Varljen, please email to dpo@productive.io.

    Identifying the Data Controller and Processor

    Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, the Customer is the controller of Customer Data. In general, Productive is the processor of Customer Data and the controller of Other Information. The Productive entity that provides the Services is The Productive Company, Inc., a Delaware-based company. The Productive Company, Inc. is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Organizations established for Customers.

    Your Rights

    Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this by contacting the Customer for additional access and assistance. To the extent that Productive’s processing of your Personal Data is subject to the General Data Protection Regulation, Productive relies on its legitimate interests, described above, to process your data. Productive may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Productive’s use of your Personal Data for this purpose at any time.

    Data Protection Authority

    Subject to applicable law, you also have the right to (i) restrict Productive’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority.

    Contacting Productive

    Please also feel free to contact Productive if you have any questions about this Privacy Policy or Productive’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at contact@productive.io or at our mailing address below:

    The Productive Company, Inc
    2093 Philadelphia Pike #3280
    Claymont, DE, 19703 USA

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    Trust – Acceptable Use Policy

    Acceptable Use Policy

    Your company’s secrets are safe with us.

    Here you can find all our policies regarding privacy and terms of service. Any questions? Write to us at contact@productive.io.

    Last Updated: May 25, 2018

    This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. This policy may change as Productive grows and evolves, so please check back regularly for updates and changes. Capitalized terms used below but not defined in this policy have the meaning set forth in the User Terms of Service.

    Do:

    comply with all User Terms of Service, including the terms of this Acceptable Use Policy;

    comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including, but not limited to, the U.S. Securities and Exchange Commission, and any rules of any national and other securities exchanges;

    upload and disseminate only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law;

    use commercially reasonable efforts to prevent unauthorized access to or use of the Services;

    keep passwords and all other login information confidential;

    monitor and control all activity conducted through your account in connection with the Services;

    promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; and

    comply in all respects with all applicable terms of the third party applications, including any that Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.

    Do not:

    permit any third party that is not an Authorized User to access or use a username or password for the Services;

    share, transfer or otherwise provide access to an account designated for you to another person;

    use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that may be tortious or unlawful;

    upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Productive or any third party;

    attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);

    attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;

    access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;

    use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;

    impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;

    use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;

    access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);

    send unsolicited communications, promotions or advertisements, or spam;

    place any advertisements within Productive tools;

    send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

    abuse referrals or promotions to get more credits than deserved;

    sublicense, resell, time share or similarly exploit the Services;

    use the Services for consumer purposes, as Productive is intended for use by businesses and organizations;

    access or use the Services on behalf of, or for the benefit of, any Patent Assertion Entity (as defined in the Customer-Specific Supplement);

    use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users for use outside of the Services; or

    authorize, permit, enable, induce or encourage any third party to do any of the above.

    Contacting Productive

    Please also feel free to contact us if you have any questions about Productive’s Acceptable Use Policy. You may contact us at contact@productive.io or at our mailing address below:

    The Productive Company, Inc.
    2093 Philadelphia Pike #3280
    Claymont, DE, 19703 USA

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    Trust – Customer Terms of Service

    Customer Terms of Service

    Your company’s secrets are safe with us.

    Here you can find all our policies regarding privacy and terms of service. Any questions? Write to us at contact@productive.io.

    Effective: May 25, 2018

    These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using our online workplace productivity tools and platform (the “Services”). Please read them carefully. If you are a Customer (defined below), these Customer Terms govern your access and use of our Services. If you are being invited to an organization set up by a Customer, the User Terms of Service  (the “User Terms”) govern your access and use of the Services. We are grateful you’re here.

    First Things First

    These “Customer Terms” Form a Part of a Binding “Contract”

    These Customer Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding “Contract” between Customer and us. “We,” “our” and “us” refers to the applicable Productive entity in the section entitled “Which Productive Entity is Customer Contracting With?” below.

    Your Agreement On Behalf of “Customer”

    If you purchase subscription(s), create organization(s) (i.e., a digital space where a group of users may access the Services, as further described in our Help Center pages), invite users to that organization, or use or allow use of that organization after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.

    Customer Choices and Instructions

    Who is “Customer”? (Hint: There can be only one)

    “Customer” is the organization that you represent in agreeing to the Contract. If your organization is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the organization. For example, if you signed up using a personal email address and invited a couple of friends to work on a new startup idea but haven’t formed a company yet, you are the Customer.

    Signing Up Using a Corporate Email Domain

    If you signed up for a plan using your corporate email domain, your organization is Customer, and Customer can modify and re-assign roles on your organization (including your role) and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the organization, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.

    What This Means for Customer—and for Us

    Individuals authorized by Customer to access the Services (an “Authorized User”) may submit content or information to the Services, such as messages or files (“Customer Data”), and Customer may exclusively provide us with instructions on what to do with it. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, invite people to organization and more. Since these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data, please review the Help Center pages for more information about these choices and instructions.

    Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data under the Contract is lawful.

    Ordering Subscriptions

    A subscription allows an Authorized User to access the Services. No matter the role, a subscription is required for each Authorized User. A subscription may be procured through the Services interface, or in some cases, via an order form sent to our email and entered into between Customer and us (each, an “Order Form”). Please see the Help Center for more information on procuring subscriptions through an Order form. Each Authorized User must agree to the User Terms to activate their subscription. Subscriptions commence when we make them available to Customer and continue for the term specified in the Services “check-out” interface or in the Order Form, as applicable. Each subscription is for a single Authorized User for a specified term and is personal to that Authorized User. During an active subscription term, adding more subscriptions is fairly easy. Unless the Order Form says otherwise, Customer may purchase more subscriptions at the same price stated in the Order Form and all will terminate on the same date. Check out our Help Center pages for additional information on setting up an organization.

    Purchasing Decisions

    We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If Customer decides to buy our Services, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.

    Feedback is Welcome

    The more suggestions our customers make, the better the Services become. If Customer sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so Customer grants us (for itself and all of its Authorized Users and other Customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer, any Authorized User or other Customer personnel. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.

    Privacy Policy

    Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our websites and products.

    Customer and Authorized Users

    Use of the Services

    Customer must comply with the Contract and ensure that its Authorized Users comply with the Contract and the User Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren’t responsible for the content of any Customer Data or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Data. The Services are not intended for and should not be used by anyone under the age of 16. Customer must ensure that all Authorized Users are over 16 years old. Customer is solely responsible for providing high speed internet service for itself and its Authorized Users to access and use the Services.

    Our Removal Rights

    If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data we will, in most cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties.

    Payment Obligations

    Payment Terms

    For Customers that purchase our Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. Check out our Help Center pages for more information about payment options. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.

    Fair Billing Policy

    We believe customers should only pay for subscriptions that are actually used, so we offer a Fair Billing Policy. Certain exceptions and conditions may apply, as noted in the Services interface “check-out” or in an Order Form.

    Credits

    Any credits that may accrue to Customer’s account (for example, from a promotion or application of the Fair Billing Policy), will expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable.

    Downgrade for Non-Payment

    If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Notwithstanding the second paragraph of the “Providing the Services” section below, Customer acknowledges and agrees that a downgrade will result in a potential loss of access to Customer Data.

    Our Responsibilities

    Providing the Services

    Customer isn’t the only one with responsibilities; we have some, too. We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.

    Be assured that (a) the Services will perform materially in accordance with our then-current Help Center pages; and (b) we will not materially decrease the functionality of a Service during a subscription term. For any breach of a warranty in this section, Customer’s exclusive remedies are those described in the sections titled “Termination for Cause” and “Effect of Termination”.

    Keeping the Services Available

    For some of our Services, we offer specific uptime commitments paired with credits, if we fall short. In those cases, the credits will serve as what the lawyers call liquidated damages and will be Customer’s sole remedy for the downtime and related inconvenience. For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.

    Protecting Customer Data

    The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards at a level not materially less protective than as described in our Security Practices page. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control or when Customer chooses to use unencrypted gateways (e.g., IRC/XMPP clients) to connect to the Services. We are not responsible for what Customer’s Authorized Users do with Customer Data. That is Customer’s responsibility.

    The Productive Extended Family

    We may leverage our employees, those of our corporate affiliates and third party contractors (the “Productive Extended Family”) in exercising our rights and performing our obligations under the Contract. We will be responsible for the Productive Extended Family’s compliance with our obligations under the Contract.

    Ownership and Proprietary Rights

    What’s Yours is Yours…

    As between us on the one hand, and Customer and any Authorized Users on the other, Customer will own all Customer Data. Subject to the terms and conditions of the Contract, Customer (for itself and all of its Authorized Users) grants us and the Productive Extended Family a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Authorized Users as may be necessary to grant this license.

    And What’s Ours is Ours

    We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.

    Term and Termination

    Contract Term

    As further described below, a free trial subscription expires in 14 days, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Forms.

    Auto-Renewal

    Unless an Order Form says something different, (a) all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

    Termination for Cause

    We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.

    Termination Without Cause

    Customer may terminate its free trial subscriptions immediately without cause. We may also terminate Customer’s free trial subscriptions without cause, but we will provide Customer with two (2) days prior written notice.

    Effect of Termination

    Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

    Data Portability and Deletion

    We are custodians of Customer Data. During the term of a organization’s subscriptions, Customer will be permitted to export or share certain Customer Data from the Services; provided, however, that because we have different products with varying features and retention rules, Customer acknowledges and agrees that the ability to export or share Customer Data may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a organization’s subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control. Customer itself can initiate deletion by contacting us at contact@productive.io

    Representations Disclaimer of Warranties

    Customer represents and warrants that it has validly entered into the Contract and has the legal power to do so. Customer further represents and warrants that it is responsible for the conduct of its Authorized Users and their compliance with the terms of this Contract and the User Terms.

    EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

    Limitation of Liability

    OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR THE PRODUCTIVE EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT TERMS” SECTION ABOVE.

    IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF THE PRODUCTIVE EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    Customer is responsible for all login credentials, including usernames and passwords, for administrator accounts as well the accounts of your Authorized Users. We will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else, if such information is not kept confidential by Customer or its Authorized Users, or if such information is correctly provided by an unauthorized third party logging into and accessing the Services.

    The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.

    Our Indemnification of Customer

    We will defend Customer from and against any and all third party claims, actions, suits, proceedings, and demands alleging that the use of the Services as permitted under the Contract infringes or misappropriates a third party’s intellectual property rights (a “Claim Against Customer”), and will indemnify Customer for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Customer in connection with or as a result of, and for amounts paid by Customer under a settlement we approve of in connection with, a Claim Against Customer; provided, however, that we will have no liability if a Claim Against Customer arises from (a) Customer Data and (b) any modification, combination or development of the Services that is not performed by us, including in the use of any application programming interface (API). Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting our defense and settlement of such matter. This section states our sole liability with respect to, and Customer’s exclusive remedy against us and the Productive Extended Family for, any Claim Against Customer.

    Customer’s Indemnification of Us

    Customer will defend Productive and the members of the Productive Extended Family (collectively, the “Productive Indemnified Parties”) from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to Customer’s or any of its Authorized Users’ violation of the Contract or the User Terms (a “Claim Against Us”), and will indemnify the Productive Indemnified Parties for all reasonable attorney’s fees incurred and damages and other costs finally awarded against a Productive Indemnified Party in connection with or as a result of, and for amounts paid by a Productive Indemnified Party under a settlement Customer approves of in connection with, a Claim Against Us. We must provide Customer with prompt written notice of any Claim Against Us and allow Customer the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting Customer’s defense and settlement of such matter. This section states your sole liability with respect to, and the Productive Indemnified Parties’ exclusive remedy against Customer for, any Claim Against Us.

    Limitations on Indemnifications

    Notwithstanding anything contained in the two preceding sections, (a) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (b) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the indemnified parties, (iii) the settlement does not include a full release of liability for the indemnified parties, or (iv) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.

    Confidentiality

    Confidential Information

    Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all Order Forms, as well as non-public business, product, technology and marketing information. Confidential Information of Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.

    Protection and Use of Confidential Information

    The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract ; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.

    Compelled Access or Disclosure

    The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.

    Survival

    The sections titled “Feedback is Welcome,” “Our Removal Rights,” “A Condition of Use,” “Payment Terms,” “Credits,” “The Productive Extended Family,” “What’s Yours is Yours …,” “And What’s Ours is Ours,” “Effect of Termination,” “Data Portability and Deletion,” “Representations; Disclaimer of Warranties,” “Limitation of Liability,” “Our Indemnification of Customer,” “Customer’s Indemnification of Us,” “Limitations on Indemnifications,” “Confidentiality” and “Survival,” as well as all of the provisions under the general heading “General Provisions,” will survive any termination or expiration of the Contract.

    General Provisions

    Publicity

    Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so Customer may send us an email to contact@productive.io stating that it does not wish to be used as a reference.

    Force Majeure

    Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

    Relationship of the Parties; No Third Party Beneficiaries

    The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Contract.

    Email and Productive Messages

    Except as otherwise set forth herein, all notices under the Contract will be by email, although we may instead choose to provide notice to Customer through the Services (e.g.,  integrated messaging feature). Notices to Productive will be sent to contact@productive.io. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.

    Modifications

    As our business evolves, we may change these Customer Terms and the other components of the Contract. If we make a material change to the Contract, we will provide Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer through the Services. Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any Authorized User) accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions.

    Waiver

    No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

    Severability

    The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.

    Assignment

    Except with respect to the Productive Extended Family, neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety (including all Order Forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Productive of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. In the event of such a termination by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

    Which Productive Entity is Customer Contracting With?

    All references to Productive,’ ‘we,’ or ‘us’ under the Contract, what law will apply in any dispute or lawsuit arising out of or in connection with the Contract, and which courts have jurisdiction over any such dispute or lawsuit, do not depend on where Customer is domiciled.

    The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law above, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue above will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Contract or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the Contract, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

    Entire Agreement

    The Contract, including these Customer Terms and all referenced pages and Order Forms, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Customer or any Authorized Users. However, to the extent of any conflict or inconsistency between the provisions in these Customer Terms and any other documents or pages referenced in these Customer Terms, the following order of precedence will apply: (1) the terms of any Order Form (if any),  (2) the Customer Terms and (3) finally any other documents or pages referenced in the Terms. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process or web portal, or any other Customer order documentation (excluding Order Forms) will be incorporated into or form any part of the Contract, and all such terms or conditions will be null and void.

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    Trust – User Terms of Service

    User Terms of Service

    Your company’s secrets are safe with us.

    Here you can find all our policies regarding privacy and terms of service. Any questions? Write to us at contact@productive.io.

    Effective: May 25, 2018

    These User Terms of Service (the “User Terms”) govern your access and use of our online workplace productivity tools and platform (the “Services”). Please read them carefully. Even though you are signing into an existing organization, these User Terms apply to you as a user of the Services. We are grateful you’re here.

    First Things First

    These User Terms are Legally Binding

    These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. “We”, “our” and “us” currently refers to the applicable Productive entity in the Contract (defined below).

    Customer Choices and Instructions

    You are an Authorized User in an Organization Controlled by a “Customer”

    An organization or other third party that we refer to in these User Terms as “Customer” has invited you to an organization (i.e., a unique domain where a group of users may access the Services, as further described in our Help Center pages). If you are joining one of your employer’s organization, for example, Customer is your employer. If you are joining an organization created by your friend using her personal email address to work on her new startup idea, she is our Customer and she is authorizing you to join her organization.

    What This Means for You—and for Us

    Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to create and configure an organization so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its organization(s). When an Authorized User (including, you) submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, invite people to organization and more, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. Please check out the Help Center pages for more information about these choices and instructions.

    The Relationship Between You, Customer and Us

    AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. PRODUCTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.

    A Few Ground Rules

    You Must be Over the Legal Age

    To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.

    While You Are Here, You Must Follow the Rules

    To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to Customer and us.

    You Are Here At the Pleasure of Customer (and Us)

    These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.

    Limitation of Liability

    If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

    Application of Consumer Law

    Productive is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.

    Survival

    The sections titled “The Relationship Between You, Customer, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.

    General Provisions

    Email and Productive Messages

    Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g., a integrated messaging feature). Notices to Productive should be sent to contact@productive.io. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.

    Privacy Policy

    Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

    Modifications

    As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

    Waiver

    No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

    Severability

    The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

    Assignment

    You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

    Governing Law; Venue; Waiver of Jury Trial; Fees

    The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

    Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the User Terms. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

    Entire Agreement

    The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

    Contacting Productive

    Please also feel free to contact us if you have any questions about Productive’s User Terms of Service. You may contact us at contact@productive.io or at our mailing address below:

    The Productive Company, Inc
    2093 Philadelphia Pike #3280
    Claymont, DE, 19703 USA

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    Trust – CCPA

    CCPA

    Here you can find all our policies on compliance and how we process your data. If you have any questions, write to us at contact@productive.io.

    How Productive Assists Its Customers With California Consumer Privacy Act (CCPA) Compliance 

    Productive is committed to helping its Customers and Users understand and exercise their rights under the California Consumer Privacy Act (CCPA). 
    Subject to certain limitations, the CCPA provides California consumers the right to:

    Request to know more details about the categories or specific personal information that Productive collects as a service provider

    Delete consumers’ personal information

    Opt out of any “sales” that may be occurring (Note: Productive never sells its customer data)

    Not be discriminated against for exercising these rights.

    On this page, we clarify Productive’s obligations and role regarding the CCPA. We also provide our customers with information to help them meet their CCPA compliance needs.

    Identifying the Data Controller and Processor

    When we refer to “Productive”, we mean the entity that acts as the controller or processor of your information as a Customer. In certain jurisdictions, data protection law differentiates the “controller” and “processor” of information. 

    Generally:

    the Customer is the controller of Customer Data

    Productive is the processor of Customer Data and the controller of “Other Information”. 

    The Productive Company, Inc. is the controller of Other Information and a processor of Customer Data related to Users of Organizations established for Customers. The Productive entity that provides the Services is The Productive Company, Inc., a Delaware-based company. 

    Our Privacy Policy applies to Productive’s business management platform, including the associated Productive mobile and desktop applications (collectively, the “Services”), Productive.io and other websites (collectively, the “Websites”), and other interactions (e.g. customer service inquiries, User conferences, etc.) you may have with Productive.

    What Types of Personal Information Does Productive Collect?

    Productive collects Customer information for business and commercial purposes described in the How We Use Information section of our Privacy Policy. Productive defines data under two categories: Customer Data and Other Information.

    Customer data is collected on behalf of your Organization Owner. Customer Data includes any content submitted to Productive. According to our Privacy Policy, Productive is the processor (service provider) of Customer Data and the Customer is the controller of Customer Data. 

    Productive is the controller of Other Information. Other Information is the data that Productive collects, generates and/or receives when Customers use Productive’s services. Other Information includes related or other supplementary data that Productive collects while a Customer is using our services. Productive uses Other Information to progress in operating and developing our services. 

    Please consult with your Organization Owner for specific categories of personal information related to the Customer Data in your Organization that the Customer may collect, maintain, or disclose. If you’re not sure who the Owner of your Organization in Productive is, visit the Settings page in Productive. If you’re not a member of an Organization anymore, send us a note at contact@productive.io and in it, and please include:

    your Organization’s name

    the email address associated with your Productive account

    Customers determine their own policies and practices for the sharing and disclosure of Information, and Productive does not control how they or any other third parties choose to share or disclose Information.

    Productive does not sell the personal information we collect and Productive will not sell Customer information.

    Note: Productive uses cookies and similar technologies in our Websites and Services that help us collect Other Information. You can find out how Productive uses Other Information more specifically in our Cookie Policy.

    For any specific categories of Other Information collected and controlled by Productive, please revisit our Privacy Policy or contact us at contact@productive.io.

    How Productive Complies With the California Consumer Privacy Act (CCPA)

    Productive complies with the California Consumer Privacy Act (CCPA) by supporting our Customers’ CCPA compliance. As a business management platform, Productive is primarily a service provider under the CCPA. To help Productive Customers meet their CCPA compliance obligations, we offer several data management options, listed below.

    1. Import and Export of Customer Data in Productive

    Similar to other business management platforms and tools, Productive Customers may need or legally be required to export or import their Customer data from or into Productive. However, Customers can do so only under limited circumstances. 

    As a Customer, you can access, import, and export your data by: 

    visiting your Organization setting options in Productive

    contacting Productive’s team at contact@productive.io 

    Import

    Productive uses a tailored approach and works with Customers from the start of their subscription and onboarding to prepare and import data from virtually any tool. We can pull content from any of the following sources for our Customers:

    another Productive Organization

    preformatted CSV templates

    Note: In Productive, data import options depend on the plan the Customer purchases, visible on our Pricing Page. Certain subscription models may be subject to additional service fees. 

    Export

    Productive Customers can export content only under limited circumstances.

    A few examples in which a Customer may need to export content: 

    In case a company receives a harassment report or theft of trade secrets and needs to conduct an investigation

    In case a court order mandates that information from Productive must be disclosed due to a lawsuit or investigation 

    In case a financial services business is required to archive certain communications for a period of time

    In case a former employee within an Organization in Productive requests to be provided with a copy of the information their former employer retained about them (as required by the European Union’s GDPR)

    In case the Organization is unsubscribing from Productive

    To get a full data export, an Organization Owner must contact Productive at contact@productive.io and request a full content export from the Organization. 

    2. Organization Settings in Productive

    The Organization Settings page in Productive allows you to see your Organization’s subscription and account settings or contact the Owner who controls the Organization. 
    The Organization Settings page in Productive keeps all your organizational-level settings in one place. Each Organization in Productive has a unique Owner, different from Administrators which an account can have more than one of. In the Ownership settings, among other options, the Organization Owner can:

    transfer account ownership to a different person 

    deactivate an account

    To learn how you can change the ownership of your Organization or deactivate your account, visit this page.

    3. Deleting an Organization or Deleting User Data in Productive

    As a business management platform, Productive has two kinds of relationships:

    1. Productive <—> Customer (e.g. marketing agency) — an Organization using Productive

    2. Productive <—> User (e.g. John Doe) — a User that has a login to Productive

    Everything a Customer does in its Organization in Productive is considered the Customer’s data (e.g. projects, budgets, contacts, emails). The data is owned by the Organization. The Organization i.e. Customer is the controller of that data, meaning that the Organization fully manages it. 

    The relationship between Productive and a User begins by the User getting invited to Productive. In this case, Productive is the data controller and we are responsible for the User’s personal data. We provide individual Users an option to delete their accounts and data upon request if they decide to leave Productive (see how below).

    The relationship between the Customer and the User is defined by a mutual agreement (contract) unrelated to the use of Productive. In case a former User of a Productive Organization requests the deletion of their personal data, the User data will (upon deletion of the profile) still remain visible to the Organization. This is because the User-generated data is the property of the Organization. 

    The use and request for full deletion of User data is to be handled between the Organization (employer) and the User (employee). To do this, an Organization Owner in Productive can contact Productive at contact@productive.io and request to delete a User’s personal information.

    What is considered a User’s personal data in Productive Organizations?

    Display name (full name) of a User

    Profile picture of a User

    Email address of a User

    Job title of a User

    The User’s time zone

    What content is not considered personal data and will not be deleted as part of a request to remove a User’s personal information?

    Any data that the User generated on behalf of the Organization they belong to

    For example:

    Projects or tasks that the User created

    Files or attachments uploaded to tasks

    Time entries created by the User

    Any comments written by the User within Productive

    Typically, there are three types of requests for data deletion:

    1. Organization Owners Contacting Productive to Delete an Organization 

    Productive provides the option of deleting all data from your Organization on request. If an Organization decides to leave Productive, the Organization Owner can request the complete deletion of all business data by sending us an email at contact@productive.io

    2. Organization Users: Contacting An Organization Owner or Productive to Delete User Data

    Depending on whether or not you still have access to your Organization as a User, you have two options for submitting your profile deletion request.

    1. Contact your Organization Owner

    Ask your Organization Owner to delete your profile information

    The Organization Owner will contact us at contact@productive.io

    Upon the Organization Owner’s request, we will remove your name, email address, and other unique identifiers from Productive’s database

    2. Contact Productive Directly

    If you’re unable to get in touch with the Organization Owner, we can help with forwarding your request. Send us a note at contact@productive.io and we’ll forward your request to the Organization Owner. In your email to us, please include:

    your Organization’s URL

    the email address associated with your Productive account

    As soon as your request has been confirmed by the Organization Owner, Productive will remove your name, email address, and other unique identifiers from its database.

    How Does Productive Fulfil Its Obligations as a Processor or Service Provider Under the CCPA? 

    Productive offers its Customers a US-specific Data Processing Addendum in addition to the Customer terms of service or any master subscription agreement. Productive’s Addendum entails the obligations and requirements set out by the CCPA. 

    As a service provider, Productive can assist Customers in their compliance with the CCPA. For example, Productive will forward User requests for information related to Customer Data and any requests Productive receives for deleting User profiles directly to the Customer.

    If you have questions specific to our Data Processing Addendum, please contact our Data Protection Officer Jan Varljen at jan.varljen@productive.io. However, please note that the terms of our DPA are non-negotiable.

    How Do I Exercise My Consumer Rights Under the CCPA?

    Right to Know

    Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information Productive collects. To make such a request, please contact us at contact@productive.io.

    Note: Productive is the controller of Other Information, as defined above. For Customer Data requests, please ask your Organization Owner. If you’re not sure who the Owner of your Organization in Productive is, visit the Settings page in Productive. If you’re not a member of an Organization anymore, send us a note at contact@productive.io and in it, and please include:

    your Organization’s name

    the email address associated with your Productive account

    Sale of Personal Information

    Productive does not sell personal information and will not sell personal information, as defined in the CCPA.

    How Productive’s Verification Process Works

    Productive takes all reasonable precautions to verify your identity in connection with fulfilling its responsibilities under the CCPA. We evaluate each request based on the individual submitting the request and the category of data related to the request (Customer Data or Other Information), and verification steps may vary. 

    If you’re an Organization Owner requesting Customer Data or deletion of information, we will verify your identity before processing the request.

    If you’re a User within a Productive Organization and you’re requesting access to or deletion of Customer Data, we will forward your request to your Organization Owner to verify the request.

    In case you’re a User within a Productive Organization or Owner of a Productive Organization requesting Other Information, we will verify your identity based on the nature of your request.

    In case you are an active Productive User, you can verify within your own password-protected Productive Organization.

    In case you are a former User of Productive or just a website visitor, contact us and we will use Other Information to verify you.  

    To begin the verification process, contact us at contact@productive.io and our team will take you through the process from there.

    Who Can I Contact for Additional CCPA-Related Questions?

    California consumers may make a request following their rights under the CCPA. You can do this by contacting Productive at contact@productive.io. Productive will verify your request using the information associated with your account in the shortest possible time frame (government identification may be required). Consumers can also designate an authorized agent to exercise your rights on their behalf.

    For additional CCPA related inquiries, please contact our Data Protection Officer, Jan Varljen at dop@productive.io.

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    Trust – Cookie Policy

    Cookie Policy

    Here you can find all our policies on compliance and how we process your data. If you have any questions, write to us at contact@productive.io.

    Effective: May 25, 2018

    At Productive, we believe in being transparent about how we collect and use data. This policy provides information about how and when we use cookies for these purposes. Capitalized terms used in this policy but not defined have the meaning set forth in our Privacy Policy, which also includes additional details about the collection and use of information at Productive.

    What is a cookie?

    Cookies are small text files sent by us to your computer or mobile device, which enables Productive features and functionality. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.

    To find out more about cookies, visit this site.

    Does Productive use cookies?

    Yes. Productive uses cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. Productive sets and accesses our own cookies on the domains operated by Productive and its corporate affiliates (collectively, the “Sites”). In addition, we use third party cookies, like Google Analytics.

    How is Productive using cookies?

    Some cookies are associated with your account and personal information in order to remember that you are logged in and which workspaces you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things. Cookies can be used to recognize you when you visit a Site or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure.

    How are cookies used for advertising purposes?

    Cookies and other ad technology such as beacons, pixels, and tags help us market more effectively to users that we and our partners believe may be interested in Productive. They also help provide us with aggregated auditing, research, and reporting, and know when content has been shown to you.

    What can you do if you don’t want cookies to be set or want them to be removed, or if you want to opt out of interest-based targeting?

    Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust.

    Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information.

    For other browsers, please consult the documentation that your browser manufacturer provides.
    You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com). In addition, on your iPhone, iPad or Android, you can change your device settings to control whether you see online interest-based ads.
    If you limit the ability of websites and applications to set cookies, you may worsen your overall user experience and/or lose the ability to access the services, since it will no longer be personalized to you. It may also stop you from saving customized settings, like login information.

    Does Productive respond to Do Not Track Signals?

    Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites or Services, and we do not alter any of our data collection and use practices upon receipt of such a signal.

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    Trust – Productive Subprocessors

    Productive Subprocessors

    Here you can find all our policies on compliance and how we process your data. If you have any questions, write to us at contact@productive.io.

    Last Updated: March 3rd, 2022

    To support delivery of our Services, Productive (or one of its Affiliates listed below) may engage and use data processors with access to certain Customer Data (each, a “Subprocessor“). This page provides important information about the identity, location and role of each Subprocessor. Terms used on this page but not defined have the meaning set forth in the Customer Terms of Service or superseding written agreement between Customer and Productive (the “Agreement“).

    Third Parties

    Productive currently uses third party Subprocessors to provide infrastructure services, and to help us provide customer support, email notifications, and analytics. Prior to engaging any third party Subprocessor, Productive performs diligence to evaluate their privacy, security and confidentiality practices, and executes an agreement implementing its applicable obligations.

    Infrastructure Subprocessors

    Productive may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Services:

    Other Subprocessors

    Productive may use the following Subprocessors to perform other Service functions:

    Productive Affiliates

    Not depending on the geographic location of a Customer or their Authorized Users, and the nature of the Services provided, Productive may also engage one or more of the following Affiliates as Subprocessors to deliver some or all of the Services provided to a Customer:

    Updates

    As our business grows and evolves, the Subprocessors we engage may also change. We will endeavor to provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement, along with posting such updates here. Please check back frequently for updates.

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    Trust – GDPR Compliance

    GDPR Compliance

    Here you can find all our policies on compliance and how we process your data. If you have any questions, write to us at contact@productive.io.

    Productive Is GDPR Compliant

    The European Union (EU) General Data Protection Regulation (GDPR), enforced from May 2018, is one of the biggest changes to data privacy regulation for businesses with customers from the European Union. We put security, privacy, and data protection at the core of our product. We are fully certified as GDPR compliant, and constantly strive to go above the minimum regulatory standards. We regularly update our Terms of Service to be in compliance with GDPR and other generally acceptable privacy law. 
     
    Taking into account new case law (especially “Schrems II” decision of European Court of Justice) as well as Brexit, Productive took additional steps to be compliant with the EU and UK data protection law. 

    EU Data Transfers

    The European Data Protection Board (EDPB) advises that each EU entity which is data exporter conducts an assessment of whether or not it can transfer EU personal data on the basis of the EU Standard Contractual Clauses (EU SCCs). In particular, Productive recommends the following steps:

    1. Consider the technical and organizational security measures included in the updated Data Processing Addendum. Based on the type of data you process on Productive, determine whether these are sufficient for your use.

    2. Review Productive’s Data Processing Addendum, which includes the new supplemental clauses recommended by the EDPB and incorporates the new version of the SCCs approved by the European Commission.

    3. Conduct a risk assessment for the transfer of personal data to the US in your use of Productive. Information on this page and the https://www.productive.io/security may be helpful for your review.

    Can UK-based customers transfer UK personal data to Productive?

    The Information Commissioner’s Office (ICO) advises that each UK entity conducts an assessment of whether or not it can transfer UK personal data on the basis of the UK Standard Contractual Clauses (UK SCCs). In particular, Productive recommends the following steps:

    1. Consider the technical and organizational security measures included in the updated Data Processing Addendum. Based on the type of data you process on Productive, determine whether these are sufficient for your use.

    2. Review Productive’s Data Processing Addendum, which includes the UK SCCs.

    3. Conduct a risk assessment for the transfer of personal data to the US in your use of Productive. Information on this page and the https://www.productive.io/security may be helpful for your review.

    Productive’s GDPR Commitment

    As a business management platform, Productive has two kinds of relationships:

    Productive <—> Customer (e.g. awesome branding agency) — an Organization using Productive

    Productive <—> User (e.g. John Doe) —- a user that has a login to Productive

    Everything you do in your Organization is data (e.g. projects, budgets, contacts, emails) owned by your Organization. Your Organization is the data controller (in certain cases it is possible that it can be data processor) of that data. Productive is data processor of that data and acts exclusively based on the instructions of your Organization as data controller.
     
    To be fully compatible with GDPR we’ve added the option to destroy all data from your Organization on request. If an Organization decides to leave Productive they can request the complete deletion of all business data. 
     
    In certain cases Productive can be data controller of your data (e.g. when we communicate directly, when you apply for a position in our company etc.).
     
    Please check our Privacy Policy to learn how your data is being processed.

    Productive’s Security Standards

    We keep your data secure 100% of your time. We regularly review and update our security measures. 

    Please check implemented security measures on our Security page.

    Has Productive ever had to disclose data to US authorities?

    Productive has not received any data access request from the US government under Section 702 of the Foreign Intelligence Surveillance Act or Executive Order 12333.

    If such a request were received, Productive will use reasonable efforts: 

    1. to have the governmental authority request such data directly from you; and 

    2. to notify you of the request promptly, unless prohibited under the applicable law of the requesting government authority or Productive. If prohibited from notifying you, Productive will use reasonable efforts to obtain the right to waive the prohibition to communicate as much information to you as possible.

    Also, please check Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S. Data Transfers after Schrems II (so-called White Paper), where powers of US public authorities are explained in detail. This document includes a more detailed interpretation of relevant US legislative and amendments that were made after Schrems II.

    Where does Productive store data?

    Productive stores data on Amazon Web Services servers located in the EU, specifically in Ireland.

    Does Productive sell or market the data to third parties in any way? 

    No, Productive does not sell or market your data to third parties.

    Will Productive sign my company’s DPA?

    Productive can’t sign DPAs from other companies. However, Productive’s DPA should be sufficient in any customer relationship with Productive. Productive’s DPA contains EU SCCs for EU and UK SCCs for UK data and includes terms specific to how Productive works.

    Contacting Productive

    If you would like to know more about our security measures and GDPR compliance, please contact us at contact@productive.io, or at our mailing address below. We’ll be happy to answer all your questions.

    The Productive Company, Inc.
    2093 Philadelphia Pike
    #3280 Claymont, DE, 19703


    You can also contact our DPO Jan Varljen at dpo@productive.io.

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    Trust – Data Processing Addendum

    Data Processing Addendum

    Download a signed copy of our Data Processing Addendum.

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