1. Who is the data controller?
Constella Intelligence, Inc. is the data controller for the processing of your personal data for the purpose of providing you with the services identified in this privacy policy.
Constella Intelligence, Inc. is a company domiciled at PO Box 20085 San Jose, CA 95160 (hereinafter referred to as “Constella”).
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
privacy@constellaintelligence.com
Constella Intelligence, Inc., PO Box 20085 San Jose, CA 95160
If you are located in the European Union, you may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:
Our branch office in the European Union: Sucursal en España located at C/Acanto 22, 7th floor, 28045, Madrid (Spain) · Data Protection Officer: privacy@constellaintelligence.com.
At Constella we are committed to the fundamental right to the protection of your personal data and this privacy policy is intended to inform you of your rights under the Data Protection Legislation, including, but not limited, to the General Data Protection Regulation (“GDPR”).
We inform you that Constella has appointed a Data Protection Officer in accordance with the General Data Protection Regulation (GDPR), at your disposal for any doubts or queries regarding the processing of your data, and whom you can contact via email privacy@constellaintelligence.com
2. What information do we process?
a) The data you provide us with directly:
As a Data Controller, we collect information about you when you contact us to request a Demo, or when you subscribe to the Constella Newsletter.
When you contact us through these channels, we will ask for your name and surname, business e-mail, Company name, job title and country you work from.
All fields marked with an asterisk (*) in the forms provided to you in the channels must be completed, so that the omission of any of them could make it impossible to provide you with the services requested. You must provide truthful information, and the impersonation of identity or the use of aliases or anonymous names is prohibited.
You may not, when providing any data that may be requested from you on the channels, choose expressions that are offensive, coincide with trademarks, trade names, names or pseudonyms of public figures or celebrities that you are not authorized to use.
So that the information provided is always up to date and does not contain errors, you must inform Constella, as soon as possible, of any changes to your personal data that may occur.
Likewise, by clicking on the “Request a Demo” or “Sign me up” button (or equivalent) incorporated in the aforementioned forms, you declare that the information and data you have provided are accurate and truthful.
Furthermore, we may collect your personal data to provide you with the services you have requested from us, in order to manage and maintain our business relationship with you, as a point of contact of our clients.
b) Data obtained indirectly:
When you browse, various cookies and other tracking devices may be installed on your device, as explained in our Cookie Policy.
3. What is the origin of the data?
We consider that all data processed by Constella have been freely provided by you.
In the event that the personal data provided belong to a third party, you guarantee that you have informed them of this Privacy Policy and have obtained their authorization to provide the data to Constella for the aforementioned purposes. Likewise, you guarantee that the data provided are accurate and up to date, and you accept responsibility for any direct or indirect damage or harm that may be caused as a result of non-compliance with this obligation.
4. For what purpose and on what legitimate basis do we process the data?
Constella acts as the controller of personal data for the following purposes and in accordance with the following legitimate bases:
● On the basis of the management of the contractual or pre-contractual relationship:
a) To provide you with the demo and/or services you have requested from us and to deal with your requests for information, as well as to facilitate the exercise of your rights.
b) To manage and maintain our business relationship once you request a demo and/or use our services.
● Based on the fulfilment of the Constella’s legal obligations:
a) To enable users to exercise their rights.
b) To comply with the regulations applicable to Constella.
c) To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
● On the basis of the explicit, free and unequivocal consent that, where appropriate, you give us at the time of collecting your data:
a) Where appropriate, to keep you informed about our own or third party products and services, always sent through the Constella by electronic means.
● Based on the existence of a legitimate interest on the part of the Constella:
a) To keep you informed about Constella’s products and services, related to those previously contracted and which may be of interest to you.
b) To conduct internal reviews and, where appropriate, contact the customer in the event that fraud or identity theft is detected or there are reasonable suspicions of fraud or identity theft.
However, if you do not wish your data to be processed for these purposes, you may object at any time by contacting us via privacy@constellaintelligence.com as indicated in the Exercise of Rights section of this Privacy Policy.
5. To whom is the data communicated?
All transfers of personal data carried out by us are necessary for the fulfilment of the stated purposes, or are carried out in order to comply with a legal obligation:
a) To the public administrations and the administration of justice, and to the security forces in compliance with the legal obligations that apply to us.
b) Companies providing IT services, tools or IT infrastructure on which the services provided by Constella are based, such as hosting providers, CRMs, emailing service companies, etc.
In this regard, we inform you that any transfer will be carried out taking into account all the necessary legal safeguards. We also guarantee that we sign specific contracts with all our service providers in accordance with the regulations.
Furthermore, Constella has external providers necessary for IT services, tools or IT infrastructure on which the services provided by Constella are based, such as hosting providers, CRMs, emailing service companies, etc, with whom we have signed the corresponding data processing agreements, and who perform data storage, administrative, and other tasks.
Similarly, Constella guarantees that in the case of suppliers located in countries outside the European Union or other countries not considered adequate in accordance with data protection regulations, the necessary precautions are taken to ensure that the data can be transferred securely, either because the supplier offers adequate guarantees, for example, the signing of Standard Contractual Clauses issued by the European Commission; or because any of the exceptions set out in the regulations are applicable.
6. Constella as a data processor
In order to provide our services, Constella acts as a data processor, following the instructions of the relevant customer. These services are related to offer products and services that are designed to protect against or deter fraudulent, illegal or harmful actions and to assist our clients with maintaining the safety, security and integrity of their products and information relating to their customers (which may include you).
To carry out the operations, Constella will access a range of personal data from different sources, which includes, but are not limited to, first and last name, username, email, telephone, data of birth, address, unique personal identifiers, Unique personal identifiers (e.g. social security number, tax ID, driver’s license number, passport number, other national identification number), Professional or employment-related information, e.g. company name, company website, professional identifier numbers, usernames, and passwords, and Credit card number, bank account number, insurance account number. This personal data shall be collected directly or indirectly from different sources, including from our clients.
In most cases, our clients share specific types of personal data about you with us in the first place, and our clients are responsible for obtaining your consent for such sharing. We only process personal data for this purpose according to the specific criteria of the data search or requests as instructed by our clients.
7. Exercising your rights.
7.1. Rights under the European legislation
We inform you that you may exercise the following rights under the GDPR:
1. Right of access to your personal data in order to know what personal data are being processed and the processing operations carried out on them.
2. The right to rectify any inaccurate personal data.
3. The right to erasure of their personal data, where possible.
4. The right to request the restriction of the processing of your personal data where the accuracy, lawfulness or necessity of the data processing is in doubt, in which case we may retain the data for the purpose of pursuing or defending claims.
5. The right to object to automated decision-making, including profiling.
6. The right to object to the processing of your personal data when the legal basis that enables us to process your personal data, in accordance with section 4 above, is legitimate interest.
7. The right to the portability of your data, when the legal basis that enables us to process it of those indicated in section 4 above is the existence of a contractual relationship or your consent.
8. Right to revoke the consent given to Constella.
You may exercise your rights at any time and free of charge in the following ways:
1. By sending an email to privacy@constellaintelligence.com via the email address with which you registered for our services and indicating the right you wish to exercise.
2. By sending a written request to the address Constella´s location, indicating the right you wish to exercise.
3. In addition, when you receive any communication from us, by clicking on the unsubscribe section that will contain that communication, you will be able to unsubscribe from all previously accepted commercial communications.
When you exercise your rights, and only if we have doubts about your identity, we may ask you for additional information to verify your identity.
We also inform you that you have the right to lodge a complaint with the Spanish Data Protection Agency if you consider that we have committed a breach of data protection legislation regarding the processing of your personal data.
We also inform you that you can join the Robinson List at www.listarobinson.es: the advertising exclusion system managed by the Spanish Digital Economy Association (ADIGITAL), in which you can register to object to the use of your data for the purpose of sending you commercial communications.
7.2. Rights under the legislation from the USA
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain Services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.
If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@constellaintelligence.com.
Exercising Your Rights
Please follow the instructions and requirements described below and, on our websites, when submitting your requests. Requests that fail to comply with any of these instructions and requirements may result in delayed or no response.
As a California resident, you have the following rights under the CCPA:
1. Right of access to your personal data in order to know what personal data are being processed and the processing operations carried out on them: the categories of personal information we hve collected and disclosed, the categories of sources, the business or commercial purpose for collecting, sharing or selling your data, and the categories of third parties with whom we disclosed, sell or shared personal information with.
2. Right of deletion of personal information.
3. Right of requesting correction of inaccurate personal information.
4. Right of opting out of the sale or sharing of personal information.
5. Right of not receiving discriminatory treatment for exercising the privacy rights.
6. Right of limiting the use and disclosure of sensitive information.
To exercise the rights described below as a California resident, you must send us a request (1) that provides sufficient information (including, without limitation, email verification) to allow us to verify that (i) you are the person about whom we have collected Personal Data, (ii) you, as the requester, are the same person as the data subject for whose information you’re requesting (or such person’s parent/guardian), (2) that describes your request in sufficient detail to allow us to understand, evaluate and respond to it, (3) that declares, under the penalty of perjury, that you’re exercising your rights under the CCPA as a California resident solely for lawful purposes, and (4) in a way that does not and would not unduly burden or otherwise abuse our data request system and/or our Services. Each request that meets all of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will use commercially reasonable efforts to determine whether a request may be for harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable purposes, and we reserve the right not to respond to such request. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt.
We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
· Email us at: privacy@constellaintelligence.com.
· Submit a form at this address: https://constella.ai/website-privacy-policy/
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Access
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response to a Valid Request, we will provide you with the following information:
· The categories of Personal Data that you requested and we have collected about you.
· The categories of sources from which that Personal Data was collected.
· The business or commercial purpose for collecting or selling your Personal Data.
· The categories of third parties with whom we have shared your Personal Data.
· The specific pieces of Personal Data that you explicitly requested and we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third-party recipient.
Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Personal Data Sales Opt-Out and Opt-In
We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@constellaintelligence.com.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. We do not engage in such “sale” of your Personal Data covered by this Online Privacy Policy. If you have any questions regarding your sale opt-out right as a Nevada resident, please contact us at privacy@constellaintelligence.com with the subject line “Nevada Do Not Sell Request” and provide us with your name and the email address associated with your account.
New Jersey Resident Rights
If you are a resident of New Jersey, you have the following rights under the New Jersey Data Privacy Law, P.L. 2023, c. 266 (“NJDPL”):
7. Right of access to your personal data in order to know what personal data are being processed and the processing operations carried out on them: the categories of personal information we hve collected and disclosed, the categories of sources, the business or commercial purpose for collecting, sharing or selling your data, and the categories of third parties with whom we disclosed, sell or shared personal information with.
8. Right of deletion of personal information.
9. Right of requesting correction of inaccurate personal information.
10. Right of opting out of the sale or sharing of personal information.
Please contact us at privacy@constellaintelligence.com with the subject line “New Jersey Rights Request” and provide us with your name and the email address associated with your account.
Other US Resident Rights
Depending on your place of residence, other data protection legislation with a different list of rights may apply. You can request further information by sending an email to privacy@constellaintelligence.com.
8. Period of conservation of your data.
We will only keep your data for as long as is necessary to provide these services to you. Any of the data you provide us with through the channels will be blocked as long as they are no longer necessary to manage the service and will only be available in the event that there is a legal obligation (derived from a request from the State Security Forces and Bodies or the Courts and Tribunals) as well as when you exercise your rights.
9. Security and confidentiality.
In order to prevent unauthorized access to or unauthorized disclosure of personal data, we have put in place appropriate technical and physical measures and business processes to safeguard and secure the information we collect from you.
10. Minors.
Minors under 14 years of age may not use the services available through our website without the prior authorization of their parents, guardians or legal representatives, who shall be solely responsible for all acts carried out through the site by the minors in their care, including the completion of the forms with the personal data of minors and the ticking, where appropriate, of the boxes/fields that accompany them. In this regard, and to the extent that Constella does not have the capacity to control whether users are minors, it shall be the parents and guardians who enable the necessary mechanisms to prevent them from accessing the website and/or providing personal data without their supervision, and Constella shall not accept any liability in this regard.
If you believe that a child under 14 years of age may have provided Personal Data to us, please contact us at privacy@constellaintelligence.com.
11. Update of the privacy policy.
We make our best efforts to keep our privacy policy fully updated. If we make amendments, they will be clearly identifiable in a clear and specific manner, as possible in the relationship we have established with you (e.g., we may communicate changes to you by email).