Privacy Policy
This Privacy Policy applies to personal data that is collected and processed by AppWell LLC, a limited liability corporation with a
principal address at 59 Bay Vista Drive Mill Valley, CA 94941 ("AppWell"), and covers the following applications (AppWell, TimeWell, and any
other applications or sites linked to this policy). This Privacy Policy does not apply to information from which no individual can
reasonably be identified (anonymized information).
AppWell, as a Controller, collects and processes personal data relating to interactions on the Website (as defined in the
Terms of Service). This Privacy Policy
describes how AppWell uses and protects any information that you give us.
AppWell believes in full transparency, which is why our Privacy Policy is simple and easy to understand.
We strongly urge Customers to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to
this Privacy Policy, please do not access or otherwise use the Website.
If a term is capitalized, and not defined in the Definitions section of this Privacy Policy, its meaning is found in the Definitions section
of the Terms of Service.
- Definitions
- Data AppWell Collects
- When AppWell is a Controller
- When AppWell is a Processor
- Personal Data of those located in the UK, the EEA, or Switzerland
- Data Commitments
- Personal Data Protection
- Personal Data Sharing
- International Transfers of Data
- How Long Your Data is Stored
- Your Data Rights
- California Resident Data Rights
- Updates to the Privacy Policy
- Contact Us
1. Definitions
When we say "Application" we mean any AppWell software licensed by the Customer.
When we say "Customer” we mean the person or company that signs up to use AppWell SaaS applications.
When we say “End User” we mean a natural person that is authorized by the Customer to use the applicable Appwell service.
When we say "cookies" we mean small pieces of data stored on your device (computer or mobile device). This information is used to track your
use of the Website and to compile reports on website activity. For further information about the use of cookies and how you can manage them,
please email us at
support@appwell.io.
When we say "consent" we mean your explicit consent on the processing of personal data. Persons who are 15 years of age or older may give
free consent to the processing of their personal data. However, the User of AppWell has to be of age of majority as defined in Terms of
Service.
When we say “Controller” we mean the natural or legal person, public authority, agency or other body which, alone or jointly with others,
determines the purposes and means of the processing of personal data.
When we say “Data Protection Law” we mean the data protection law applicable to your jurisdiction such as the EU or UK GDPR, Swiss Data
Protection law or the CCPA.
When we say "Processor" we mean any natural or legal person who processes the data on behalf of the Controller.
When we say "processing" we mean any operation or set of operations which is performed on personal data or sets of personal data. This
includes activities such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation,
use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
When we say "personal data" or "data" we mean any information relating to an identified or identifiable natural person; an identifiable
natural person is one who can be identified, either directly or indirectly.
-
Data about a company or any legal entity is not considered to be personal data but registering on behalf of a legal entity may include
sharing personal data. For example, the information in relation to one-person companies may constitute personal data where it allows the
identification of a natural person.
-
The rules also apply to all personal data relating to natural persons in the course of professional activity, such as the employees of a
company or organization, and business e-mail addresses like "firstname.surname@company.com".
2. Data AppWell Collects
We may collect and receive information about you and your Authorized Users in various ways including:
- Information provided by Customers through the use of the Service (for example, by creating the account).
-
Information Customers decide to provide through contacting us via
support@appwell.io.
-
Information AppWell collects through the use of cookies or similar technologies in accordance with our Cookie Policy (for example, your
time zone).
3. When AppWell is a Controller
AppWell is a Controller when collecting and processing personal data as detailed in the table below.
Data AppWell Collects
Purpose of Processing
Legal Basis
Retention
Email address, name, password, location data, timestamp, description of project
Website account creation and maintenance under the Terms of Service, Request for a product demo.
For End Users - Necessary for the End User to access the Application(s) that Customer has licensed.
Processing is necessary for the performance of the Agreement (as defined in Section 1 of the Terms of Service). Without providing an
email address, password and time zone, the User may not create the User Account.
For marketing activities, such processing is based on the consent of the user.
Until the account is deleted in accordance with the Terms of Service.
Customer Financial Data such as name, address, bank account and payment card details.
When subscribing to any of the Paid Plans or when changing any Paid Plan in accordance with the Terms of Service, this information is
being collected by a third party processor.
Processing is necessary for the User's performance of the Agreement which includes providing Additional Features based on the selected
Paid Plan.
We keep only the last four digits of the credit card number under subscription billing info until such Agreement is terminated and for the
period necessary to comply with the applicable financial and tax accounting and other statutory obligations in accordance with the
applicable law (Section 22 of the Terms of Service).
Additional Data Customer decides to share with AppWell
If Customer sends an inquiry to
support@appwell.io or
contacts AppWell for support via another medium, AppWell will collect data Customer chooses to share.
Processing of personal data is either necessary to provide a Service, or the processing is based on Customer’s consent.
If the processing is based on Customer’s consent, we keep the information until Customer withdraws consent or for one year, whichever date
comes first.
Information necessary for identification
To allow Data Subjects to exercise their rights in accordance with this Privacy Policy, as defined in Section 10.
Processing is necessary for compliance with a legal obligation which the Controller is subject to.
We keep this information for a period of one year.
Other personal data
For the prevention and detection of fraud, money laundering or other crimes or to respond to a binding request from a public authority or
court.
The processing is necessary to comply with legal and regulatory obligations.
In accordance with the applicable statutory deadlines.
4. When AppWell is a Processor
AppWell acts as a Processor when processing the personal data of End Users to provide the Services. AppWell does not intend to process or
collect the sensitive information of End Users, such as Protected Health Information, as defined by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), credit card information, or social security numbers.
See the table below to see what information AppWell processes as a Processor.
Data AppWell Collects
Purpose of Processing
Legal Basis
Retention
Information relating to products sold by Customer such as amount of purchase, general location data, and category of item purchased
Necessary to calculate tax rates for the Customer
Processing of personal data is necessary to provide a service
Data is stored in the aggregate and anonymized.
Information entered by End User (this information does include sensitive information such as
To search for data to populate a pdf form
Processing of personal data is necessary to provide a service
End User data is not stored by AppWell
When AppWell engages subprocessors, it requires them to enter into contracts that are no less restrictive than the terms of this policy and
any data processing agreement between you and AppWell.
By using the Service, your End Users may disclose, share, record, or otherwise provide their User Content to AppWell. The extent to which
personal data is processed while using the Service also depends on the AppWell applications that you decide to use.
AppWell does not analyze, disclose, retain or access such User Content unless an End User (including an Enterprise as a User) sends a
request for support and, in these cases, the access is limited to enabling the functioning of the Service.
When acting as a Processor, AppWell will process personal data according to your direction. In this scenario, you are primarily responsible
for the personal data of End Users.
5. Personal Data of those located in the UK, the EEA, or Switzerland
If your End Users or you fall under the scope of application of the GDPR or similar data protection legislation with AppWell as a Processor
based outside the EEA, the United Kingdom, or Switzerland you can request a copy of our Data Processing Addendum ("DPA"). Contact us at
support@appwell.io with any
additional questions.
6. Data Commitments
AppWell will never:
- Sell your or your Authorized User’s personal information or data.
- Disclose your Authorized Users’ personal information or data to marketers or third parties not specified in Section 7.
- Process your Authorized Users’ personal data in any way other than stated in this Privacy Policy.
7. Personal Data Protection
We take administrative, technical, organizational and other measures to ensure the appropriate level of security of personal data we
process. To determine whether a measure is adequate and which level of security is appropriate, we consider the:
Measures we apply include:
- Access authorization control
- Information classification
- Protection of data integrity and confidentiality
- Data backups
- Firewalls
- Data encryption and other appropriate measures
- Equipping staff with the necessary knowledge and understanding of the importance and confidentiality of personal data security.
8. Personal Data Sharing
AppWell utilizes external processors for certain processing activities. We use information audits to identify, categorize and record all
personal data that is processed outside the company, so that the information, processing activity, processor and legal basis are all
recorded, reviewed and easily accessible.
We have strict due diligence procedures and measures in place and review, assess and background check all processors prior to forming a
business relationship. We obtain company documents, certifications, references and ensure that the processor is adequate, appropriate and
effective for the task we are employing them for.
We audit their processes and activities prior to and during the contracting period to ensure compliance with the data protection regulations
and review any codes of conduct that oblige them to confirm compliance.
Upon request, we can provide a list of processors and sub-processors with whom we share your personal data.
9. International Transfers of Data
We may transfer Customers’ personal data to servers located in the United States. This transfer is necessary to fulfill the contract for
Services between AppWell and its Customers.
10. How Long Your Data is Stored
The period for which we store personal data depends on the specific purpose for the processing of personal data, as explained in detail in
Section 4. We retain personal data for as long as reasonably necessary for legal or business purposes.
In determining data retention periods, we consider any applicable laws or regulations and contractual obligations. When we no longer need
personal information, or when a Customer requests that we delete their information, where this is legal, we will securely delete or destroy
it.
However, as an exception to the retention periods in Section 4 the data may be processed to determine, pursue or defend claims and
counterclaims.
11. Your Data Rights
These Data Rights apply to Customers only. If you are an End User of one of AppWell’s applications, please contact the Customer who is
licensing the Service to exercise your data rights. If you are a Customer email
support@appwell.io to exercise
your rights.
RIGHT OF ACCESS
You can send us a request for a copy of the personal data we hold about you. We have ensured that appropriate measures have been taken to
provide a concise, transparent, intelligible and easily accessible report, using clear and plain language. Such information is provided in
writing free of charge. It may be provided by other means when authorized by the Data Subject and with prior verification as to the
subject's identity.
Information is provided to the Data Subject at the earliest convenience, but at a maximum of 30 days from the date the request was received.
Where the retrieval or provision of information is particularly complex or is subject to a valid delay, the period may be extended by two
further months where necessary.
RIGHT TO CORRECTION OF YOUR PERSONAL DATA
If the personal data we have about an Authorized User is incorrect, the Authorized User has the right to request that we correct that data.
When notified of inaccurate data by an Authorized User, we will rectify the error within 30 days and inform any third party of the
rectification if we have disclosed the personal data in question to them.
RIGHT TO ERASURE
You have the right to request from us that your personal data is deleted in certain circumstances including:
- The personal data are no longer needed for the purpose for which they were collected
- You withdraw your consent (where the processing was based on consent)
- You object to the processing and no overriding legitimate grounds are justifying us processing the personal data
- The personal data have been unlawfully processed; or
- To comply with a legal obligation
However, this right does not apply where, for example, the processing is necessary:
- To comply with a legal obligation; or
- For the establishment, exercise or defense of legal claims.
RIGHT TO RESTRICTION OF PROCESSING
If the accuracy of the personal data is contested, you consider the processing is unlawful but you do not want it erased, we no longer need
the personal data but you require it for the establishment, exercise or defense of legal claims or you have objected to the processing and
verification, you can exercise your right to the restriction of processing.
RIGHT TO DATA PORTABILITY
Where a Customer has provided personal data to us, the Customer has the right to receive such personal data back in a structured, commonly
used and machine-readable format, and to have such data transmitted to a third-party Controller without hindrance but in each case only
where:
- The processing is carried out by automated means; and
- The processing is based on the Customer’s consent or the performance of a contract with the Customer.
RIGHT TO WITHDRAW THE CONSENT
If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly
withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information
for the purpose(s) to which you originally consented unless there is another legal ground for the processing.
RIGHT TO LODGE A COMPLAINT
If you have any concerns or requests in relation to your personal data, please contact us at
support@appwell.io and we will
respond as soon as possible but not later than within 30 days.
12. California Resident Data Rights
This Section supplements the information contained in the AppWell's Privacy Policy and applies solely to visitors, users, and others who
reside in the State of California and fall under the scope of the California Consumer Privacy Act ("consumers" or "you") when they visit the
Website or use the Services. Under this Notice AppWell complies with the California Consumer Privacy Act of 2018 ("CCPA").
Any capitalized but undefined term in this Notice shall have the meaning given to it in the CCPA, Definitions section of the Terms of
Service, Privacy Policy and Cookie Policy.
This Notice makes an integral part of our Privacy Policy and Terms of Service.
INFORMATION WE COLLECT
For more details about the personal information AppWell has collected over the last 12 months please see Section 4 of the Privacy Policy -
Personal Data We Process.
The categories of personal information that are listed in Section 4 are obtained by AppWell in accordance with Section 3 of the Privacy
Policy - What Data Do We Collect About You And When?
USE OF PERSONAL INFORMATION
AppWell collects personal information for the purposes described in Sections 3 and 4 of the Privacy Policy - AppWell as Controller.
SHARING PERSONAL INFORMATION
AppWell shares personal information with the categories of third parties described in Section 8 of this Privacy Policy.
Please note that AppWell uses third-party cookies for advertising purposes as further described in our Cookie Policy.
APPWELL DOES NOT SELL CUSTOMER PERSONAL INFORMATION
AppWell does not sell personal information, including the personal information of anyone under 18 years of age.
YOUR RIGHTS AND CHOICES
This section describes Customer rights under the CCPA and explains how to exercise those rights. These rights may be exercised by Customers
when AppWell operates as a Controller.
If your inquiry or exercise of any of the consumer's rights relates to the data on a Workspace processed as explained in Section 4.2 of the
Privacy Policy, please contact the owner of the relevant Workspace via which your personal data has been processed.
In the event AppWell receives a request for exercising any of these rights directly from a consumer, we are obliged to notify the owner of
the relevant Workspace before responding to such a request.
RIGHT TO KNOW PERSONAL INFORMATION AND DATA PORTABILITY RIGHTS
You have the right to request that we disclose certain information to you about AppWell's collection and use of your personal information
over the past 12 months, i.e.:
- Our business or commercial purpose for collecting your personal information.
- The categories of personal information we collected about you.
- The categories of third parties with whom we share your personal information.
- The specific pieces of personal information we collected about you („data portability request").
We will disclose this information to you once we receive and confirm your verifiable consumer request.
RIGHT TO DELETION
You have the right to delete your personal information AppWell collected. AppWell will delete your personal information from the records
once we receive and confirm your verifiable consumer request unless a CCPA exception applies.
We may deny your deletion request subject to the exceptions in CCPA §1798.105, i.e. if retaining the information is necessary for AppWell or
our service providers to:
-
Complete the transaction for which AppWell collected the personal information, provide a good or service that the Customer requested, take
actions reasonably anticipated within the context of AppWell's ongoing business relationship with a Customer, or otherwise perform our
contract with the Customer.
-
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such
activities.
- Debug products to identify and repair errors that impair existing intended functionality.
-
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by
law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
-
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other
applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's
achievement, if the Customer previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on a Customer’s relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which the Customer provided it.
If a Customer’s request is justified, AppWell will also direct their service providers to delete a Customer’s personal information as well.
RIGHT TO NON-DISCRIMINATION
AppWell will not discriminate against a Customer for exercising any of its CCPA rights. Unless permitted by the CCPA, AppWell will not:
- Deny a Customer the use of its Services.
- Provide a Customer a different level or quality of Services.
-
Charge a Customer different prices or rates for Services, including through the use of discounts or other benefits or by imposing
penalties.
-
Suggest that the person exercising their rights will receive a different price or rate for Services or a different level or quality
of Services.
RIGHT TO SAY NO TO THE SALE OF YOUR PERSONAL INFORMATION (RIGHT TO OPT-OUT)
The CCPA requires businesses that sell personal information to allow consumers the ability to opt-out of the selling of their personal
information.
Again, AppWell does not sell personal information.
EXERCISING YOUR RIGHTS
To exercise the rights to access, data portability, and deletion, please submit a verifiable consumer request at
support@appwell.io or contact
us via our Contact page.
Consumers are entitled to make a request for access or data portability twice within a 12-month period.
To exercise its rights, a Customer may send a request by itself or use an authorized agent.
If AppWell cannot verify a Customer’s identity or authority to make the request and confirm the personal information related to the
Customer, AppWell cannot respond to such Customer’s request or provide the Customer with personal information.
We try to respond to consumers' requests within 45 days of their receipt. Sometimes, AppWell may need more time to respond to the request
(up to 90 days total from the moment we receive the request) when AppWell will inform the consumer of the reason and extension period in
writing.
Customers are not obliged to create an account with AppWell in order to make a verifiable consumer request. AppWell will deliver its written
response to the registered email associated with the account if you have an account with AppWell. Please note that any information AppWell
provides will only cover the 12-month period preceding the consumer's request receipt. If we cannot comply with a Customer’s request, we
will provide an explanation.
If a consumer files a data portability request, AppWell will select a format that is readily usable and should allow the transmission of the
information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to verifiable consumer requests unless it is excessive, repetitive, or manifestly unfounded. If
AppWell determines that the request warrants a fee, AppWell will:
- Inform Customer why the decision was made and
- Provide the consumer with a cost estimate before completing the request.
13. Updates to the Privacy Policy
AppWell reserves the right to change this Privacy Policy at our sole discretion. If AppWell makes any changes, we will publish the new rules
on this web page. If the update is material, AppWell will notify Customers directly with the contact information that Customer provided
AppWell.
Where a Customer has previously consented to AppWell’s Privacy Policy, the Customer’s continued use of the Website after AppWell makes
changes is considered acceptance of the updated rules.
14. Contact Us
If Customers have any questions about this privacy policy or wish to exercise their data rights, they are invited to email us at
support@appwell.io; or mail us
at: 59 Bay Vista Drive Mill Valley, CA 94941. Our Data Protection Officer can be reached at
privacy@appwell.io.