Last updated June 16th, 2020
Whale Incorporation (“Whale”or "Whale Inc." or "CommisSure") operates several websites and services including thecommissure.com and related subdomains. It is Whale's policy to respect your privacy regarding any information we may collect while operating our services.
1. The GDPR and Whale
1.1. On privacy, the GDPR and why it is important
To offer greater privacy and control of data for individuals who use or are stored within our services, we will apply the GDPR to all individuals who are stored within or use our services, whether inside or outside of the EU.
We believe in the GDPR and in increased privacy for everyone.
1.2. General Data Protection Regulation (GDPR)
In 2016, the European Commission approved and adopted the new General Data Protection Regulation (GDPR). GDPR is a significant change in data protection regulation in the EU and replaces the existing legal framework (the Data Protection Directive and the various member state laws).
The GDPR is a comprehensive set of regulations that dictates what companies like Whale must do in order to properly protect our customers' data. Even though we are not a European company, we have many customers in the EU and we fully comply with these regulations. This document explains in simple terms what we're doing in order to ensure compliance.
It will come into effect on May 25, 2018.
Note: The full GDPR regulations are extremely long and complicated. This isn't meant to be a comprehensive list of every single thing we do to protect your data, but rather it's a simple summary so that you can have a good idea of the protections we have in place. Please feel free to reach out to us if you have questions about specific items that aren't addressed here.
1.3. How GDPR applies to Whale
GDPR defines three parties, which we will reference throughout this document:
- Data Subject - This is the person about whom data is being stored and used. You are also a data subject, because you have an account with CommisSure (i.e. you're our customer).
- Data Controller - This is the person or company that is using the data that's being stored. We are a data controller, concerning your personal data, because you have an account with CommisSure.
- Data Processor - These are companies that create tools to actually store and take advantage of the data. We (Whale) are a data processor.
The data Controller and Processor both have different responsibilities to ensure that we are acting legally and ethically. This document explains what we do to comply with GDPR as a Processor, and how we use the data we collect.
1.4. Technical security
Keeping your data secure and private is of the utmost importance, and so we are careful to follow industry best practices. A lot goes into online security, but here are some of the main things we do that might interest you:
- Our servers are hosted by Amazon Web Services (AWS). AWS is the largest and (in our opinion) most sophisticated hosting company in the world, and they have extensive physical and digital security in place.
- We never store passwords as plain text – they are always hashed and salted securely using bcrypt.
If you have questions or concerns, reach out to us at firstname.lastname@example.org
1.6. Data Processing Addendum
GDPR requires that we have a contract, called a Data Processing Addendum (DPA), with our customers which specifies things like how we process data, that we will assist you in your GDPR obligations to your customers, etc. In our case, our Data Processing Addendum is our standard Terms of Service, which applies to all of our customers, including you.
To obtain a copy of our Data Processing Addendum, please reach out to email@example.com, or visit the page listed above.
1.6.1. Changes to our DPA; other DPAs
To ensure no inconsistent or additional terms are imposed on us beyond that reflected in our standard DPA and model clauses, we cannot agree to sign customers’ DPAs. As a small team we also can’t make individual changes to our DPA since we don't have a legal team on staff. Any changes to the standard DPA would require legal counsel and a lot of back and forth discussion that would be cost prohibitive for our team.
1.7. Data Processing Officer
We have appointed a Data Protection Officer. They may be contacted at firstname.lastname@example.org
1.8. Data Breach Notification Plan
We work hard to keep our software secure so that there are no data breaches, but in the event that there is a data breach, we have a plan in place that fully complies with the requirements laid out by GDPR. You can read our full plan below, but the basic idea is that if we become aware of a data breach, we will notify any of our customers who may have been impacted, and provide them with the appropriate information so that they can also comply with their responsibilities as a Data Controller.
The specifics of our response to a data breach would of course depend on the details of the breach itself (the method of the breach, what data was compromised, etc.) but here is an outline of how we will approach the situation:
1.8.1. Identifying a breach
The first step in responding to a data breach is knowing that one has happened in the first place. We monitor the status of our security with technology (running penetration tests and network scans) as well as policy (training employees on what to look out for, making sure issues are escalated appropriately).
If we ever identify a breach, or even notice something out of the ordinary that justifies investigation, we will take the following steps:
1.8.2. Assigning roles and reponsibility
At any company, the best way to ensure that an issue is taken seriously is to make sure that it has the attention of top leadership. Whale has one individual who will personally handle all security concerns. Yongho Son, the Founder and CEO, will be responsible for organizing the company-wide response, assigning roles, and ensuring that we do everything outlined in this document and more to handle the situation as thoroughly as possible.
Every member of the company knows that if there is ever a security concern, the issue should go directly to the CEO without any delay.
1.8.3 Investigate the type and scope of the breach
Breaches can happen in many different ways. They can be the result of a technical or social failing on our end. In many cases, the customer may have been tricked into giving their login information to the attacker, and it might not be the result of insecurity in the software at all.
In order to decide how to respond to a breach, we must first understand how the breach happened. We will seek to answer the following questions as quickly as possible:
- Was there some sort of failure of our technology or processes that enabled the breach?
- What data was accessed?
- What was (or might have been) done with the data? I.e. deleting data is different from exporting it outside our server
- How many users were impacted?
1.8.4. Address immediate threats
If we find that the breach is caused by a customer’s login information being compromised (e.g. two business partners are fighting over ownership of the business and one steals the other’s account login information) we will shut down login access for the account in question until we are confident that the rightful owner is the only one with access. In some cases this can take several days or longer as there may be legal issues outside of our control that must be adjudicated first.
If we determine that the breach occurred due to an vulnerability on our end, we will work to fix whatever the vulnerability was as quickly as possible to prevent further damage. If a situation like this ever arises, every employee at Whale who can be helpful will treat this as their top priority and set aside any other responsibilities until the problem is resolved.
1.8.5. Notify the appropriate parties of the breach
This step will depend heavily on the details of the breach. For example, in a situation where a specific user is phished, they will likely already know about the breach, and it wouldn’t impact any of our other customers. But if our entire database is compromised by a hacker, that would potentially impact all of our users (our customers, as well as your customers).
Our general guideline is that if there’s a reasonable possibility that the breach will have a negative impact on a customer, we will notify them quickly. "Quickly" can mean different things depending on how long it takes us to conclude our investigation, but when possible, our goal would be to send notifications no more than 72 hours after we become aware of the issue.
1.8.6. Your responsibilities
Note: If you or your customers are in the EU then you may be subject to the GDPR data breach notification rules. This basically means that if you are storing private information about a person in our systems and that data is breached, you may be responsible for notifying that person the same way we are responsible for notifying you (this is true with any service you use, not just us). If this happens, we will work with you to make sure that you have all the information possible so that you can comply with the GDPR.
1.9. Trusted third-party services we use
We may share data with the following third-parties, also known as Subprocessors under GDPR, so that we can offer our services to you, and so that we know how to continue improving our services to remain valuable to you.
- Google Gmail for fetching and sending emails requested by a user
- Google Analytics for website analytics
- Google AdWords for tracking success of advertisements we buy
- Google Fonts for CSS font family
- SendGrid for sending transactional email
- Amazon Web Service (AWS) for hosting our infrastrcture
- Cloudflare for content delivery network of our web sites
Our app's use of information received from Google APIs will be adhere to Google API User Data Policy, including the Limited Use Requirements.
We have Data Processing Addendums with all of our Subprocessors.
1.10. Information we collect on our customers
If you have a CommisSure account, we are the Controller of your personal information (PI). The data below is stored locally within our systems (unless noted otherwise), and may also be stored in a third-party service listed above. All logs are scrubbed of sensitive info (passwords, tokens, etc.) locally before being sent over the wire.
- Unique user account email
- Hashed password (hased using sha2)
- Geographic location (through Google Analytics)
- Pages visited (through Google Analytics)
- IP, City, Continent, Country, Device info.
- The total number of Search usage
- The total number of File Preview usage
- The total number of Web Browser usage
- The total number of File Explorer usage
- The total number of Memo usage
- The total number of Commissure Folder usage
- The total number of Email usage
- The total number of notes user created
- The total number of web-pages user created
- The total number of emails user created
- The total number of files user created
- The total number of memos user created
- The total number of Commmissure Folders user created
- The total size of files
- The total size of local database
- The total usage time
- The total registered device number
- The total program execution number
Except the data listed above, we don't collect any other information from customer. We will never violence any data security issue.
1.11. Data retention
All of the above data could be included within our logs (e.g. within database query logs, request logs, etc.), backups, and within temporary storage (e.g. caching systems), which we keep for up to 30 days.
Before the maximum 30 day retention period, all archived logs, backups, and temporary storage are permanently deleted – this means that after a user has been "forgotten" i.e. erased upon request, the user will be completely erased from our systems within 30 days.
1.12. Data subject rights
Our customers, the Data Subjects, are entitled through their Data Subject Rights (DSR) to access ("Right To Access"), export ("Right to Data Portability"), change, and permanently delete ("Right To Be Forgotten") all their data from our systems.
If we receive a request from one of our customers (a Data Subject) to access, change, export, or delete their data stored within our systems, we, the Processor, will forward the request to you, the Controller, without delay.
We, the Processor, will not change, export, or delete data on or for any of our customers, a Data Subject, unless it is required by law or by our Terms of Service, or unless we have received documented instruction from you, the Controller, to do so.
We will respond to these requests within 14 days or less, which is well within the GDPR requirement of 30 days. DSR requests may be sent to email@example.com
1.13. Revisiting GDPR compliance regularly
As part of our commitment to remaining GDPR compliant and respecting the privacy of our users, we will revisit this document at least once per year to ensure that all of the information is accurate and up-to-date. If you have questions or concerns, contact us at firstname.lastname@example.org.
1.14. Google Account Authentication
Accounts are added to CommisSure using OAuth authentication. OAuth is a secure mechanism which gives CommisSure access to your Google account data without letting us know your password. This token is valid during your use of CommisSure. If you remove an account, or uninstall CommisSure, you’ll be prompted to re-authorize CommisSure for Google Account using OAuth.
CommisSure will require access to your Google account(s) and user data for the following purposes:
- To verify your email address and to create your Software account on our servers in order to link your Google account(s) with CommisSure
- To access and read your Google account profile information to retrieve, use, and display your account name and account photo or image in CommisSure
- To access and retrieve your email messages (i) to display a count of unread messages; (ii) to display your unread, read, draft, deleted, archived, sent, and flagged email messages; and (iii) to read, display, retrieve, and download any files attached to your email messages
- To access your Google account(s) in order to send email messages from your account(s) through CommisSure
2.1. Website visitors
Like most website operators, Whale collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request.
Our purpose in collecting non-personally identifying information is to better understand how CommisSure's visitors use its website and to better provide related content to its visitors. From time to time, Whale may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
We do not keep logs for requests to our Marketing or Documentation sites, but IP address and other personally identifiable information may be collected from website visitors for one of our Subprocessors (all of which are listed in 1.9.).
2.2. Aggregated statistics
Whale may collect statistics about the behavior of visitors to its websites. Whale may display this information publicly or provide it to others. However, Whale does not disclose personally-identifying information other than as described below.
2.3. Information disclosure to third-parties
We do not sell, trade, or otherwise transfer your information to third-parties. This does not include sharing a limited subset of your information with trusted third-parties (our Subprocessors, which are outlined in 1.9.), who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to process this information in accordance with their DPA.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
2.4. Third-party content
2.5. COPPA compliance
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. The Act was passed by the U.S. Congress in 1998 and took effect in April 2000. COPPA is managed by the Federal Trade Commission (FTC). Our website, products and services are all directed to people who are at least 13 years old or older. If you are under 13 years old, you cannot use our services.
2.6. Business transfer
If Whale, or substantially all of its assets were acquired, or in the unlikely event that Whale goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Whale may continue to use your personal information as set forth in this policy.
2.8. Terms of Service
Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our services.
If there are any questions regarding this document, you may contact us at email@example.com