As a company that finds its roots in the European Union, and that considers compliance to privacy legislation a core principle of its organisation, Showpad has created these Privacy Principles based upon the foundations of the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data).

As GDPR currently is the most advanced and elaborate data protection legislation in the world, Showpad uses GDPR as its main benchmark for its companywide privacy program.

Seeing the global activities of Showpad, it goes without saying that with these Privacy Principles, in addition to GDPR, also want to take into account the principles of other applicable data protection laws  (such as the California Consumer Privacy act of 2018, or, the Swiss Data Protection act).

The principles of such other data protection legislations have either already been incorporated through GDPR (in most of the cases) or either have specifically been added to these Privacy Principles.

These Privacy Principles are provided for convenience only and want to provide as much information as Showpad is able to provide under applicable data protection laws (e.g. sections 13/14 GDPR).

Showpad is acting as “Processor” / “Service Provider” in respect of the operation of the Products and Services and not as data controller (see FAQ B12), which means that the Customer Policy shall always have priority over these Privacy Principles.

In no way do these Privacy Principles or the publication thereof mean that Showpad is taking up a role as data “Controller” under these Privacy Principles or taking up additional liabilities or responsibilities than as legally applicable between a controller and processor.

The publication of, or getting acceptance against, the Customer Policy (or absence thereof) occurs solely under the responsibility of the Showpad Customer.

Where the Data Subject already has accepted the Customer Policy (or where such (updated) Customer Policy subsequently becomes applicable) that cover Your interaction, directly or indirectly (e.g. through an integration or through a software client), with the Products and Services and/or certain Customer Content managed thereon, the Customer Policy shall apply instead of these Privacy Principles.

Unless the Customer Policy applies (see FAQ A2) these Privacy Principles apply to the interactions, direct or indirect (e.g. through an integration or through a software client), that the Data Subject may have with the Products and Services and/or certain Customer Content managed thereon.

These Privacy Principles are being provided under the responsibility of the Showpad Customer, who is acting as data “Controller” for the processing activities covered under these Privacy Principles (see FAQ B12).

These Privacy Principles do NOT apply in situations other than explained above or in situations where the Showpad Privacy Policy applies (www.showpad.com/privacy-policy) (Showpad acting as data “Controller”, including in respect of Showpad’s use of its own Products and Services).

Showpad is offering Products and Services mainly in the field of sales enablement / guided selling that measure, analyse and report on the engagement and behaviour of individuals with content being made available to them through the Products and Services (“Customer Content”), including “Showpad Content”, “Showpad Coach”, and “MeetingIQ” (i.e. virtual human interactions for instance through online meetings). These Products and Services are offered under a “Software as a Service” model, which is a software licensing and delivery model in which software is centrally hosted and made available to multiple users over a network, including through interacting products (including front-end clients, apps, Web-Interface, plugins, or connectors to third-party applications).

To the extent the Data Subject is interacting with the Products and Services (see the then current Products and Services offerings at www.showpad.com/overview), and/or the Customer Content managed thereon, the Data Subject’s engagement therewith is measured, analysed and reported back to the Showpad Customer.

The aim is to provide the Showpad Customer through the Products and Services with the information, insights, analytics and tools to help the Showpad Customer to streamline and improve interactions by and between their internal collaborators (e.g. sales teams, marketing teams, …) and/or third parties (e.g. potential buyers).

Except in the limited cases as explicitly stated in the Showpad Privacy Policy for which Showpad is data “Controller” (see FAQ B12), Personal Data in respect of the Products and Services is not processed for any other purpose.

For avoidance of doubt, under these Privacy Principles, Showpad does NOT process the Personal Data for any other purposes than as described in this FAQ B1.

Under these Privacy Principles, Showpad does NOT process the Personal Data for any other purposes than for the Products and Services (see FAQ B1) as data “Processor” on instruction and for the benefit of the Showpad Customer (as being the data “Controller”) (see FAQ B12).

As Showpad is not the owner of the dataset containing the Personal Data, Showpad does NOT sell, trade or otherwise commercialise Personal Data as being processed through the Products and Services to or for the benefit of anyone else than the Showpad Customer, nor does Showpad use the Personal Data for Showpad’s direct marketing purposes.

Depending on the role within the Products and Services (see FAQ B7) certain categories of Personal Data may be processed as follows:

• Contact information (e.g. name, email address, telephone number, …)
• Account information (e.g. password, profile picture, role, device information, logon information, Language preference from the browser…)
• Usage/behavior statistics (e.g. sessions, in app views, shares, channel subscriptions, # of interactions with the Customer Content, …)
• Connection information (e.g. IP address, geolocation, …)
• Customer Content (e.g. documents, presentations, audio, video, … as uploaded onto and managed by the Products and Services)
• Communications (e.g. Chat content, reviews, comments, Admin announcements, …)
• Information from third party integrations (connected calendars, CRM data, Marketing data, …)

The Products and Services process Personal Data for and on behalf of Showpad Customer. It is the Showpad Customer who is acting as data “Controller” (see FAQ B12) and therefore who determines what Personal Data of which Data Subject to process.

This information is also made available to the Showpad Customer via the privacy settings within the Administrator part of the Products and Services. In case you require more input, you can contact the Showpad data protection officer via privacy@showpad.com.

Seeing the scope of the Products and Services (see FAQ B1), the Products and Services are NOT intended or equipped to Process any Personal Data in respect of genetic data, biometric data, data concerning health (e.g. HIPAA regulated data) or data concerning a natural person’s sex life or sexual orientation, nor any Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or such other data that the applicable data protection law indicates being “regulated” or “sensitive” (“Sensitive Personal Data”).

The Showpad Customer – as being data “Controller” (see FAQ B12) – is responsible for ensuring that no such Sensitive Personal Data is being Processed through the Products and Services, or where it does, that it does so under its own assessment and responsibility.

Showpad does not provide for additional means or provide additional effort in order to have Sensitive Personal Data processed through the Products and Services.

Seeing the scope of the Products and Services (see FAQ B1), the Products and Services are NOT intended or equipped to Process any data that is regulated by the Payment Card Industry Security Standards Council (PCI SSC), nor do the Products and Services offer features that are subject to the Payment Card Industry Data Security Standards (PCI DSS).

The Showpad Customer – as being data “Controller” (see FAQ B12) – is responsible for ensuring that no such PCI regulated data is being Processed through the Products and Services, or where it does, that it does so under its own assessment and responsibility.

The Products and Services are NOT intended or equipped to process Personal Data for any automated decision-making processes or techniques which create or deny rights to the Data Subject.

The Showpad Customer – as being data “Controller” (see FAQ B12) – is responsible for ensuring that no automated decision-making processes or techniques are being added to the Products and Services, or where it does, that it does so under its own assessment and responsibility.

You can interact with the Products and Services through the following roles:

• “Administrator”: someone generally managing the Products and Services (e.g. managing User accounts, having privileges for making Customer Content available for use by the User through the Products and Services, being able to generally/individually monitor usage statistics);
• “Privileged User”: someone having privileges for managing parts of the Products and Services (e.g. managing Users accounts of divisions, making Customer Content available to divisions for use by the division User through the Products and Services, being able to generally/individually monitor division usage statistics);
• “User”: someone who through the Products and Services is i) interacting with the Customer Content being made available to him by the Administrator/Privileged User, ii) making Customer Content and/or virtual human interactions (e.g. online meetings) available to a Third-Party Data Subject, and/or iii) monitoring that Third-Party Data Subject’s engagement with such content/during such virtual human interactions, as well as the related usage statistics;
• “Third-Party Data Subject” someone (usually the prospect / potential buyer) receiving specific information from the User through the Products and Services usually in respect of a potential business transaction to be negotiated/concluded with the User, and being allowed access to the Products and Services and/or Customer Content managed thereon, by or on behalf of the Showpad Customer (either under or outside of an account).

Each of these roles will generate their specific analytics as to the way how they interact with the Products and Services and/or Customer Content managed thereon.

All roles and related user management is controlled and managed by You.

To the extent the Administrator – Privileged User – User enables re-sharing of Customer Content via the Products and Services by the Third-Party Data Subject, when re-sharing such Customer Content via the Products and Services with a second Third-Party Data Subject, the first Third-Party Data Subject needs to ensure:

• being allowed to process the email address of the second Third-Party Data Subject for that purpose; and
• living up to the respective applicable law or regulation in respect of fraudulent and misleading activity or sending unsolicited email, mass emails, or spam (e.g. EU e-privacy regulations).

The Showpad Customer may activate or use certain integrations with third party applications, through different methods (e.g. the API of the Products and Services, iFrame, linking to third-party URL’s, …).

Such integration may lead to the fact that third-party applications receive access to certain Personal Data or Customer Content either directly from the Data Subject or through the Products and Services.

Such activation, implementation, combination and/or Customer Content offering occurs solely under the responsibility of the Showpad Customer and the Customer Policy. Consequently, Showpad does not take any responsibility for this.

Under these Privacy Principles, Personal Data of Data Subjects may be made available:

• within the functionality of the Products and Services (as determined by the Showpad Customer) to:
  • Users – Administrators – Privileged Users; and
  • Third-Party Data Subjects (e.g. in respect of collaborative functionalities of the Products and Services such as Shared Spaces)
• within the functioning of the architectural set-up (incl. maintenance & support) of the Products and Services, to:
  • Showpad (including its collaborators); and
  • the respective Sub-Processors ((including their collaborators), providing processing activities for the Products and Services (see FAQ B13).

Disclosures within the functioning of the architectural set-up shall:

• be limited to the Personal Data as required for the specific purpose in question of the respective recipient; and
• take into account the necessary provisions on confidentiality, integrity, availability and security of the Personal Data involved.

To the extent required as per applicable Data Protection law, Showpad shall remain responsible towards the Showpad Customer for such Sub-Processors to ensure that the processing by such Sub-Processors remain in line with the applicable data protection law.

Where applicable to the Products and Services in question, Third-Party Data Subject interactions with Customer Content occurring under “Kiosk Mode” will be attributed to, and aggregated under the analytics of, the User Account linked to the “Kiosk Mode”.

The Products and Services, are typically solutions that aim at selling products, negotiating a sales transaction and/or providing learning capabilities within professional organisations. As such, the Products and Services are not aimed towards children and minors, nor should it be used for such purpose.

The Products and Services do not knowingly process Personal Data of children and minors.

If a parent or guardian becomes aware that his or her child has provided Personal Data that is processed by the Products and Services without their consent, he or she should contact the Showpad Customer who is the data “Controller” (see FAQ B12).

It is the Showpad Customer who:

• Manages user accounts to the Products and Services (e.g. password reset, access rights, third-party integrations, suspending accounts, grouping users, assigning channels, …);
• Manages the Customer Content being made available through the Products and Services;
• Determines which Data Subjects to interact with through the Products and Services (and thus whose Personal Data are to be processed);
• Determines for which purpose the Products and Services are to be used.

It is therefore the Showpad Customer who legally is acting as the so-called data “Controller”.

Therefore, all inquiries the Data Subject may have, or rights the Data Subject may want to exercise with regard to the processing of one’s Personal Data through the Products and Services, need to be addressed to the Showpad Customer (see FAQ E2). Should Showpad receive such request directly from a Data Subject, Showpad can legally only pass such request on to the Showpad Customer. Showpad is legally not allowed to respond to such request, unless as instructed by the Showpad Customer.

Seeing the above, Showpad is only offering the means allowing the Showpad Customer to interact with the Data Subject through the Products and Services, and as Showpad is merely acting upon instructions of the Showpad Customer, this means that Showpad is processing the Data Subject’s Personal Data as a so-called data “Processor” for and on behalf of the Showpad Customer.

Notwithstanding the above, in the limited cases as explicitly stated in the Showpad Privacy Policy (see FAQ A3), certain Personal Data resulting from the relationship between Showpad and the Showpad Customer, may be processed by Showpad as being the data “ Controller” (e.g. as required for Showpad as a controller to administer the (contractual) relationship between Showpad and its Customer, or, providing support). More info can be found in the Showpad Privacy Policy (Controller).

The Products and Services make use of two types of sub-processors; 1) “Core Sub-processors” and 2) “Feature dependent Sub-processors”.

• Core Sub-processors (e.g. hosting partners) are subprocessors that are key to the functioning of the Products and Services and without whom Showpad cannot guarantee the functioning of the respective Products and Services, or to meet the contractual warranties and service levels.
• Feature dependent Sub-processors are sub-processors that offer a certain functionality that is either not present in all versions of the Products and Services, either are optional (and thus can be switched off).

To the extent required as per applicable Data Protection law, Showpad shall remain responsible towards the Showpad Customer for such Sub-Processors to ensure that the processing by such Sub-Processors remain in line with the applicable data protection law.

For more information on which sub-processors are used in the Products and Services as well as the respective details of the processing activity (overview of sub-processors, location of processing, etc.), see here or see the privacy settings within the Administrator part of the Products and Services.

In case you require more input on this topic, you can contact the Showpad data protection officer via privacy@showpad.com.

Showpad transfers Personal Data to third countries if and when required by:

• Its and its affiliates’ employees and collaborators;
• Third-party technology and service providers as used for the purposes described in this Privacy Policy (see Sub-Processors) ;
• Third-party maintenance & support recipients (including related service/technology providers);
• Other third parties to the extent Showpad has good faith belief that such disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request from a public or law enforcement authority; (b) national security (c) protect the safety of any person from death or serious bodily injury; (d) prevent fraud or abuse; (e) as necessary to protect or enforce our legal rights & those of our collaborators as well as the integrity of our Product and Services.

Such disclosures shall always be limited to the Personal Data as required for the specific purpose of the recipient while taking into account the necessary provisions on confidentiality, integrity, availability and security of the data involved.

In the current set-up of the Showpad organisation, such export of personal data is required to guarantee the functioning of the respective Products and Services, or to meet the contractual warranties and service levels.

To the extent required as per applicable Data Protection law, where such export occurs, Showpad shall ensure that such transfer occurs under the necessary legal provisions as required by the applicable legislation.

To the extent data is being (re)transferred Showpad shall ensure to that such (re)transfer occurs under such instruments as allowed per the GDPR and providing for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission, binding corporate rules, or EU standard contractual clauses, …).

Before each Administrator’s, Privileged User’s and/or User’s Personal Data is processed, consent from those Data Subjects will be sought at the moment of creation of their account.

The legal basis for processing Third-Party Data Subject’s Personal Data is dependent on the privacy setting (as determined by the Showpad Customer), for example, where processing of Third-Party Data Subject’s Personal Data uses the setting of:

=> Seeking prior consent from the Third-Party Data Subject:

• consent will be sought at the moment of first interaction with the Products and Services or the Customer Content made available thereon (except for virtual human interactions (e.g. online meetings)).
• For virtual human interactions (e.g. online meetings) consent needs to be obtained from the Third-Party Data Subject(s) participating to such virtual human interactions (e.g. through oral consent) at the start of the virtual human interactions.

=> Informing the Third-Party Data Subject:

• an information banner can be made to appear at the moment of first interaction with the Products and Services or the Customer Content made available thereon (except for virtual human interactions (e.g. online meetings)), referring such Third-Party Data Subject to an applicable privacy policy.
• An information footer can be enabled in the emails that are send out of the Products and Services to a Third-Party Data Subject.

In respect of EEA residents, consent is an allowed basis for the lawful processing of Personal Data (see section 6,1 (a) GDPR). Additionally, certain Personal Data is processed based on legitimate interest (e.g. see section 6,1 (f) GDPR) because:

=> necessary for technical reasons, e.g.:

• IP address is used to determine origin of the request resulting in certain privacy settings becoming applicable or not;
• email address of a (re-shared) Third-Party Data Subject is used for the technical aspects of delivering the message to the recipient under an SMTP protocol;
• email pixel is incorporated in emails sent out (without reporting back if outside of policy coverage);
• in order to capture consent (e.g. online meetings).

=> used as training material for internal training purposes of the Showpad Customer, e.g.:

• (deactivated) account analytics (e.g. User analytics of (former) Administrators/Privileged Users/Users)
• Pitch IQ video’s / training video’s
• (peer) reviews/comments

Data in Showpad hosted environment (production):

• Showpad Customer Instance: The Showpad Customer instance (including all data it then contains) remains available on production environment for up to 90 days following closure of the Showpad Customer Instance (e.g. where the contract with the Showpad Customer has expired).
• Administrator/Privileged User/User (“Showpad Content” & “Showpad Coach”): Subject to the above, from the moment the respective user account is closed (as part of account management done by the Showpad Customer), the account and the Personal Data it then contains remains available on production environment for up to 90 days following user account closure. After such period, the respective Personal Data of that Administrator/Privileged User/User is deleted, resulting in the fact that analytics are anonymised for that user account.
• Third-Party Data Subject (“Showpad Content”): Subject to the above, as long as the respective Third-Party Data Subject is interacting with or through the Products and Services and for a certain period after the last interaction such Party has had with or through the Products and Services (period as determined and set by the Showpad Customer) the respective Personal Data of that Third-Party Data Subject is deleted, resulting in the fact that analytics of that Third-Party Data Subject are anonymised.
• Training content & information (“Showpad Coach”): Subject to the above, such Personal Data remains available on production environment for up to 90 days following deletion of such data by the Showpad Customer, after which such data is deleted or anonymised (as applicable).
• Deletions on production environment occurs in weekly runs.

Data in Showpad hosted environment (backup):

• Backups of the production environment are made on a daily as well as weekly basis;
• Backups are kept for up to 90 days in addition to the above;
• data will be permanently and irrevocably deleted in backup after such 90-day period.
• Deletions on backup environment occurs in weekly runs.

Any supplier, technology provider or subprocessor being onboarded by Showpad is subject to the Supplier review and vetting process in line with the controls of the certified Showpad information management system (ISO 27001) and privacy information management system (ISO 27701), as well as such controls being part of the Showpad SOC 2 reporting.

In respect of technology providers or subprocessors that are being added to the Showpad platform stack, these are subject to the highest tier of supplier vetting by Showpad on security, privacy and compliance before being allowed by Showpad, and includes the regular re-assessment of their security, privacy and compliance posture.

Some of the Showpad services make use of artificial intelligence (AI).

No AI service may be running under a third-party service or at third-party location other than as detailed here.

Showpad features that make use of AI services may be using third party AI models. As Showpad is a data processor, Showpad is not allowed to share customer data with any other party outside of our subprocessing relationship. This is a principle that applies to all customer data and for all other purposes, including third party AI model training.

Showpad has several organisational as well as product related initiatives in that regard.

• Organisational initiatives include:
  • Dedicated privacy website & FAQ’s in respect of the Showpad privacy program: www.showpad.com/gdpr-information-hub/ and www.showpad.com/gdpr
  • Data protection officer (DPO): Showpad has appointed a qualified data protection officer who supervises the entire data privacy program at Showpad and works in close conjunction with the Showpad Information Security Manager. The data protection officer is registered with the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/) and can be reached via privacy(at)showpad.com.
  • Vetting by Showpad of its vendors & subprocessors: Each vendor to Showpad is vetted by Legal, Infosec and the Showpad DPO in the areas of security, contractual terms and privacy related matters (e.g. data processing agreements, and applicable transfer mechanisms (e.g. EU standard contractual clauses). Special attention is given to subprocessor that are acting as subprocessor with regard to the Products and Services.
  • Contractual documents / privacy policies: Our contractual documents are state-of–the-art and contain the necessary provisions, including in respect of data processing agreements, end-to-end confidentiality, and privacy policies (meeting all necessary legal requirements).
  • intra-group data processing agreement, including Standard contractual clauses: all companies of the Showpad group are bound by the intra-company data processing agreement and, where applicable to such entities, include the Standard contractual clauses, in order to facilitate and safeguard intra-group data transfers of Personal Data.
  • ISO certification: The Products and Services are covered under the Showpad ISO 27001 and ISO 27701 certification.
  • Information security Management system (ISMS): Showpad has implemented an elaborate ISMS managing and following up on internal policies on data security.

• Product related initiatives include:

• • EU Data centres / CDN opt out: Showpad’s principle hosting infrastructure is located within the EU at a first-class world-renowned hosting partner (AWS – 2 separate EU regions). CDN (Content delivery network) happens trough global points of presence through AWS Cloudfront and can be switched off per customer instance.
  • Product engineering: All new product capabilities that are to be introduced within the Products and Services are vetted and checked for privacy compliance and follow three key cornerstones: (i) the GDPR principles of “privacy by design” and “privacy by default”, (ii) giving flexibility to both EU customers and non-EU customers to allow for localized application of the Products and Services – while (iii) keeping all changes as simple as possible.
  • Elaborate privacy settings: The Products and Services provide for elaborate privacy settings allowing e.g. for a localized approach in a granular way or enabling/disabling tracking options.
  • Data Protection Agreement (DPA): To the extent the activities of the Showpad customer are covered by the material and territorial scope of an applicable data protection law, such applicable data protection law may require that the processing of the personal data by the Showpad  Products and Services is covered under a data processing agreement concluded between Showpad and its Customer. Showpad thereto makes available a DPA via showpad.com/dpa that reflects the unique aspects of the Products and Services and containing all required specifics in order for the Showpad Customer to meet his legal obligations. Where relevant or needed, the DPA shall be an integral part of the Showpad master services agreement (showpad.com/msa).

Showpad has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (a) the pseudonymisation and encryption of personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.

Showpad shall thereto take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

Showpad uses industry standard encryption technologies, including application to application communication channels are TLS encrypted and data at rest is encrypted using AES 256 bits encryption. These encryption technologies are incorporated into the Showpad Product and cannot be managed by the Showpad customers themselves.

While Showpad aims to implement industry-leading safeguards designed to protect Personal Data, we cannot guarantee that any Personal Data which was incidentally processed by the Showpad Customer (e.g. regulated or sensitive Personal Data, see FAQ’s B4 and B5) is maintained at levels of protection to meet specific needs or obligations the Showpad Customer may have relating to that type information.

The Showpad Information security program is covered under an ISO 27001 certification (see https://www.bsigroup.com/en-GB/our-services/certification/certificate-and-client-directory/), BSI certificate n° IS653767), as well as an ISAE3402 accreditation, and is audited on a regular basis by an external audit firm.

The Showpad Information security program is managed by the Showpad Information Security Team.

To the extent the activities of the Showpad Customer are covered by the scope of an applicable data protection law, such applicable data protection law may require that the processing of the personal data by the Products and Services is covered under a data processing agreement concluded between Showpad and its Customer.

Showpad thereto makes available a DPA via showpad.com/dpa that reflects the unique aspects of the Products and Services and containing all specifics – as required per the applicable data protection law – in order for the Showpad Customer to meet his legal obligations (e.g. standard contractual clauses).

Where relevant or needed, the DPA shall be an integral part of the Showpad master services agreement (showpad.com/msa).