Effective: April 1, 2018
Your privacy is important to us.
- 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 Shelly and
- defining and capitalizing a few terms that are used more than once for simplicity and brevity.
When we refer to “Shelly”, we mean the Shelly Apps Pty Ltd 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.
Table of content
- Information We Collect and Receive
- How We Use Information
- Data Retention
- How We Share and Disclose Information
- International Data Transfers
- Identifying the Data Controller and Processor
- Your Rights
- Data Protection Authority
- Contacting Shelly
Information We Collect And Receive
Shelly may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
Customer Data. Customers or individuals (“Authorized Users”) routinely submit Customer Data to Shelly when using the Services.
Other Information. Shelly also collects, generates and/or receives Other Information:
(1) Account Information
To create or update an account, you or your employer supply Shelly with an email address, password, and/or similar account details. In addition, Customers that purchase a paid version of the Services provide Shelly (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, Shelly logs the channels, people, features, content and links you interact with, the types of files accessed 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. Shelly collects information about devices accessing the Services, including type of device, what operating system is used, device settings and application IDs.. 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 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. Shelly may also collect location information from devices in accordance with the consent process provided by your device.
(3) Third Party Services
Customer can choose to permit or restrict Third Party Services for their account. 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 account. Once enabled, the provider of a Third Party Service may share certain information with Shelly. For example, if a cloud storage application is enabled to permit files to be imported to an account, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Shelly 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 Shelly. When a Third Party Service is enabled, Shelly is authorized to connect and access Other Information made available to Shelly 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.
(4) Third Party Data
Shelly 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.
(5) Additional Information Provided to Shelly
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 Shelly.
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 account setup details, is not provided, we may be unable to provide the Services.
How We Use Information
Customer Data will be used by Shelly 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. Shelly is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to an account, configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.
Shelly uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Shelly 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. Shelly tries to make the Services as useful as possible for specific accounts and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, channels 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 Shelly. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. Shelly 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.
How We Share And Disclose Information
This section describes how Shelly may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Shelly does not control how they or any other third parties choose to share or disclose Information.
- Customer’s Instructions. Shelly 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.
- Collaborating with Others. The Services provide different ways for Authorized Users to collaborate, such as sharing notes. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other account(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 activity logs, or accessing or modifying your profile details. For information about your account settings, please see our Product Help.
- 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 delivery of our Services is set forth at Shelly Subprocessors.
- Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Shelly may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Shelly 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. Shelly may share Other Information with its corporate affiliates, parents and/or subsidiaries.
- During a Change to Shelly's Business. If Shelly engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Shelly'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 Shelly customer the average amount of time spent within a typical account.
- To Comply with Laws. If we receive a request by a legal authority, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Shelly will require a search warrant issued by a court of competent jurisdiction. All requests should be narrow and focused on the specific Customer Data sought. Shelly is committed to the importance of trust and transparency for the benefit of our Customers and does not voluntarily provide governments with access to any data about users for surveillance purposes. Shelly will notify Customer before disclosing any of Customer’s Data so that the Customer may seek protection from such disclosure, unless Shelly is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm to people or property associated with the use of such Customer Data. If Shelly is legally prohibited from notifying Customer prior to disclosure, Shelly will take reasonable steps to notify Customer of the demand after the nondisclosure requirement expires.
- To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Shelly or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
- With Consent. Shelly may share Other Information with third parties when we have consent to do so.
Shelly takes security of data very seriously. Shelly 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. Given the nature of communications and information processing technology, Shelly 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.
- Confidentiality. We place strict controls over our employees’ access to the data you and your users make available via the Shelly services, as more specifically defined in this agreement with Shelly covering the use of the Shelly services ("Customer Data"), and are committed to ensuring that Customer Data is not seen by anyone who should not have access to it. The operation of the Shelly services requires that some employees have access to the systems which store and process Customer Data. For example, in order to diagnose a problem you are having with the Shelly services, we may need to access your Customer Data. These employees are prohibited from using these permissions to view Customer Data unless it is necessary to do so. We have policies in place to ensure that any access to Customer Data is logged. All of our employees and contract personnel are bound to our policies regarding Customer Data and we treat these issues as matters of the highest importance within our company.
- Personnel Practices. Shelly employees receive privacy and security training during onboarding as well as on an ongoing basis. All employees are required to read and sign our comprehensive information security policy covering the security, availability, and confidentiality of the Shelly services.
- Compliance. The environment that hosts the Shelly services maintains multiple certifications for its data centers, including ISO 27001 compliance, FedRAMP authorization, PCI Certification, and SOC reports. For more information about their certification and compliance, please visit the AWS Security website, and AWS Compliance website.
- Security Features. In addition to the work we do at the infrastructure level, we provide Authorized Users of the Shelly services with additional tools to protect their Customer Data including deletion of Customer Data and exporting Customer Data. Details can be found at our Product Help.
- Availability. We understand that you rely on the Shelly services to work. We're committed to making Shelly a highly-available service that you can count on. Our infrastructure runs on systems that are fault tolerant, for failures of individual servers or even entire data centers. Our operations team tests disaster-recovery measures regularly and is equipped to quickly resolve unexpected incidents.
- Disaster Recovery. Customer Data is stored redundantly at multiple locations in our hosting provider’s data centers to ensure availability. We have well-tested backup and restoration procedures, which allow recovery from a major disaster. Customer Data and our source code are automatically backed up nightly. The Operations team is alerted in case of a failure with this system.
- Incident Management & Response. In the event of a security breach, Shelly will promptly notify you of any unauthorized access to your Customer Data.
- Product Security Practices. New features, functionality, and design changes go through a security review process. In addition, our code is audited, tested, and manually peer-reviewed prior to being deployed to production.
International Data Transfers
Shelly may transfer your Personal Data to countries other than the one in which you live.
Identifying The Data Controller And Processor
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. Customer is the controller of Customer Data. In general, Shelly is the processor of Customer Data and the controller of Other Information.
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 using the settings and tools provided in your Services account. If your account is corporate account and you cannot use the settings and tools, contact your employer for assistance.
To the extent that Shelly's processing of your Personal Data is subject to the General Data Protection Regulation, Shelly relies on its legitimate interests, described above, to process your data. Shelly may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Shelly’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 Shelly’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority.
Shelly Apps Pty Ltd
36 Augusta Road
Fairlight NSW 2094