Penknife - Privacy Policy

Last Updated: July 25, 2023

Overview of this Privacy Policy

This Privacy Policy describes how we collect, store, share, and use the personal information that our customers store on our ATS cum CRM platform, that we collect on our websites, and that we otherwise use in the operation of our business.

This policy is organized into four sections:

First, we provide an overview of this policy, including a description of what it does (and does not) cover
Second, we describe the types of data that we collect and how we keep that data secure
Third, we discuss how we use and store your data and share it with persons outside Penknife
Last, we explain how you can exercise your legal rights over the personal information that we store about you or your customers We may revise this policy to reflect changes in the law, our ATS cum CRM platform, or business operations. We will notify you of these changes through a message on our website or ATS cum CRM platform or by some other reasonable means. The date that this policy was last updated can be found at the beginning of this policy.

If you have any questions about this policy or our data privacy practices, please get in touch with us at privacy@penknife.app

What This Privacy Policy Does (and Does Not) Cover

What does this Privacy Policy cover?

This Privacy Policy describes how we process personal data in the operation of our business. In this policy, “Penknife”, “we”, “us” and “our” refers to 314e Corporation and its affiliates. We categorize this personal data as either Customer PII or ATS cum CRM Data.

ATS cum CRM Data means personal data that is uploaded, stored, or transmitted by or on behalf of one of our customers in connection with their use of our ATS cum CRM platform. ATS cum CRM Data does not include service data, which we discuss below under “How do we monitor the use of our ATS cum CRM platform?” As discussed in our Terms of Service, our customers retain ownership of their ATS cum CRM Data and provide us with a limited license to that data so that we can allow them to make use of our ATS cum CRM platform and related services.

This policy includes links to materials outside this policy, like Help Center pages, which provide more detail about the topics discussed here. These linked-to materials are for reference only, may be changed at any time, and are not a part of this policy.

How We Collect Data and Keep It Secure

What Customer PII do we collect?

Here is how we collect Customer PII and the types of personal data we collect:

When you visit our website or social media pages, we use cookies to collect information about you that may be considered personal information, including your IP address.
When you register for events, offers, or marketing materials, we collect your contact information. Contact information may include your name, employer name and size, email address, phone number, and location information.
When you register for a free trial of our ATS cum CRM platform, we collect your contact information. If you register for a paid subscription, we also collect your credit card number and billing address. Note that we do not collect or store credit card information directly on our servers, but utilize this information using trusted third-party payment processors.
We collect other information when you use our ATS cum CRM platform, including operating system, system model, IP address, browser type, domain names, and internet service provider (ISP). We may link log files to Customer PII, such as your name and email address. We also collect information about your use of our ATS cum CRM platform, as described below under “How do we monitor the use of our ATS cum CRM platform?”
If you access our ATS cum CRM platform through a third-party login service or connect an application to Penknife, that service may share information with us, including your user ID associated with that account, an access token necessary to access that service, and any information that you have permitted that third party to share publicly or with Penknife specifically.
When you apply for a job with us, we may collect your contact information, resume, and employment history.
When you visit our offices in person, we may collect your name, employer name, and other personal information.
We sometimes obtain information from other sources, such as mergers and acquisitions, data brokers, account administrators, other users in your organization, and commercial lists, and may merge this with information we have previously collected.
We use our ATS cum CRM platform in the operation of our own business, and so process ATS cum CRM Data about our customers, leads, and other contacts.

What ATS cum CRM Data do we collect?

We process the ATS cum CRM Data that is stored in our customers’ (and our own) Penknife accounts. Our customers control the types of personal data that they store in Penknife, and we process ATS cum CRM Data as directed by them. Typically, ATS cum CRM Data consists of the following:

Contact information about their customers, leads, and contacts, in addition to financial and other information related to sales opportunities and project implementation.
If a customer’s Penknife account is synced to a Google Workspace account, copies of emails and calendar information in Gmail and other applications. For more information, see below under “What information does Penknife access from my Google Workspace accounts?”
When you use our technical support, training, or professional services, we collect your contact information and your device and system information.

Your use of our ATS cum CRM platform and provision of ATS cum CRM Data is governed by our Terms of Service. It is your responsibility to ensure that you own or have adequate permissions to store and process personal information on our ATS cum CRM platform.

Prohibited Data

Our Terms of Service prohibit storing certain types of sensitive or regulated information on our ATS cum CRM platform or otherwise providing us with this information, including, for example, in support requests or other communications. This information includes credit card, bank account, driver’s license or social security information, information that would be considered “protected health information” under HIPAA, and special categories of data, including information about someone’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic and biometric data, health, sex life or sexual orientation. It is our customers’ responsibility to ensure that they and their users comply with these restrictions.

Children’s Data

Use of our ATS cum CRM platform is only available to persons who are old enough to enter into a legal contract, and access to our platform is not directed to children under 16 years of age. If our policy changes, we will obtain consent from a parent or guardian before we knowingly collect data from anyone under the age of 16 years.

For more information about how our customers use and share their ATS cum CRM Data, you should refer to their privacy policies. As noted above, if you provide us with personal data on behalf of someone else, you must have their consent or some other legal basis to do so.

Do we collect email tracking information?

Yes, our ATS cum CRM platform has email tracking functionality that can be used to notify senders when an email is opened. Certain governmental regulators, including those with jurisdiction over EU member states, have expressed the opinion that the use of email tracking functionality requires that recipients have consented to the use of this technology.

Penknife may use its ATS cum CRM platform’s email tracking technology when it sends emails to current and prospective customers. By submitting your contact information to Penknife, for example, when you sign up for a trial account, you are deemed to have agreed to this Privacy Policy and consented to our use of email tracking technology in our communications with you.

We encourage customers who wish to make use of our ATS cum CRM platform’s email tracking technology to discuss their marketing plans and policies with legal counsel to ensure that they are following all applicable legal requirements.

What information does Penknife access from my Google Workspace accounts?

One of our ATS cum CRM platform’s most powerful features is its ability to work seamlessly with Gmail and other Google Workspace applications. This section describes how Penknife and Google applications share information.

Google Gmail

If you sign up for Penknife with a Gmail address, our ATS cum CRM platform will automatically sync with your Gmail account. This means that the platform will access your Gmail contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email if you use the email tracking functionality. In addition, you can use our ATS cum CRM platform to read, modify, create, and send emails from your Gmail account. Our ATS cum CRM platform will store replies, outgoing mail, email headers, subject line, time sent, and email bodies. By default, synced emails are visible to all.

Google Calendar

Our ATS cum CRM platform also automatically syncs with the Google Calendar application, accessing your calendar events and tasks in your Google Calendar. It also allows you to create and edit events and tasks and send invitations from your Google Calendar account.

For special requirements that apply to information that we obtain from your Gmail account, see below under the heading, “What additional requirements apply to information collected through our Gmail integration and Google APIs?”

What steps do we take to keep your data secure?

The security of your personal data is important to us. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received. Therefore stringent security procedures are in place to protect the confidentiality of your data.

Under our Terms of Service, we commit to maintain certain administrative, physical and technical controls, and we will not materially reduce the overall effectiveness of these safeguards without our customers’ consent.

If you have any questions about the security of your personal data, you can contact us at privacy@penknife.app

What additional requirements apply to information collected through our Gmail integration and Google APIs?

Our ATS cum CRM platform enables you to read, create and modify messages in your Gmail account. In order to provide you with this service, we obtain, process, and store a copy of the Google user data contained in or associated with messages in your Gmail account, such as the email addresses of persons to whom you send or from whom you receive messages in your Gmail account, electronic copies of the files attached to those messages, and the contents of those messages.

We refer to the Google user data described in the immediately preceding paragraph as “Google User Data.” Google User Data is subject to the additional limitations on its use, transfer, and accessibility set forth below:

We will use Google User Data only to provide or improve user-facing features of the Services that are prominent in the Services’ user interface.
We will only transfer Google User Data to unaffiliated third parties (a) if necessary to provide or improve user-facing features that are prominent in the Services’ user interface, (b) as necessary to comply with applicable law or (c) as part of a merger, acquisition or sale of assets with notice to you.
We will not use or transfer your Google User Data for serving ads, including retargeting, personalized or interest-based advertising.
We will not allow humans to read your Google User Data unless we have first obtained your affirmative agreement for specific messages; it is necessary for security purposes (such as investigating a bug or abuse); it is necessary to comply with applicable law, or our use is limited to internal operations and the data (including derivations) have been aggregated and de-identified.

Note that we may obtain personal data that is included in your Google User Data from sources other than the messages in your Gmail account. For example, we may obtain your email address when you register for the Service. Personal data that we obtain from sources other than messages in your Gmail account is not considered Google User Data for the purposes of this Privacy Policy and is not subject to the additional requirements described above.

Penknife’s use and transfer to any other application of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

How do we use ATS cum CRM Data?

We process ATS cum CRM Data in accordance with the instructions of our customers in order to provide them with the services offered through our ATS cum CRM platform. We also process ATS cum CRM Data as required by applicable law, including responding to valid requests by law enforcement authorities, monitoring compliance with our Terms of Service and other policies, and to resolve support requests, and maintain our ATS cum CRM platform.

In some cases, we may use ATS cum CRM Data in an anonymized manner for machine learning that supports certain product features and functionality within our ATS cum CRM Platform and for product development purposes.

How do we use Customer PII?

We use Customer PII and other personal data used in the operation of our business for our legitimate interests or when we have a lawful basis for doing so. We use Customer PII only as identified in this Privacy Policy or our Terms of Service. Below is a summary of the principal uses we make of Customer PII:

ATS cum CRM Services

We use Customer PII, including contact information and information about computer systems, to provide the services offered through our ATS cum CRM platform. For example, we use your name and email address to create and maintain your account and register you on our ATS cum CRM platform. We also use contact and payment information to process your subscription fees.

Customer Communications

We use your contact information and other Customer PII to communicate and build relationships with our customers. For example, we may contact customers to process, fulfill and follow up on transactions and requests for products, services, support, training, and information. We also contact customers to provide them with information about their subscriptions, such as sending reminders when their subscription (trial or paid) is about to expire.

Product Support

We use Customer PII, including contact information and technical information about computer systems, to provide product support, including troubleshooting and technical support and agreed-upon diagnostic, monitoring, and management services.

Sales and Marketing

We use Customer PII, including contact information and cookie information, to send sales and marketing communications to customers and potential customers. These communications may include information about new product features, sales promotions, updates to our blogs or new webinars, and other information about us and our partners. We also collect information about engagement with our websites and ATS cum CRM platform to engage in market research, personalize content and advertising, and help identify and communicate offers of products, programs, and services that may be of interest to you. In some cases, we may send “refer-a-friend” emails on your behalf, subject to your consent.

If you wish to unsubscribe to our marketing communications, you should follow the unsubscribe instructions included in our email communications, or you may contact us at privacy@penknife.app

Improve and Operate Our ATS cum CRM Platform

We collect and use Customer PII, including contact information and product usage data, to measure, analyze and improve our products and services, the effectiveness of our ATS cum CRM platform and other services, as well as our advertising and marketing. For more information, see below under “How do we monitor the use of our ATS cum CRM platform?”

Other Uses

We may use Customer PII for other purposes reasonably related to the operation of our business. For example, we use product usage information to enforce our Terms of Service, and prevent fraud and other prohibited or illegal activities. Other reasons include considering an application for employment and complying with our legal obligations.

How do we monitor the use of our ATS cum CRM platform?

We collect, record and analyze data and other information about how our customers use our ATS cum CRM platform to do things like optimize product design. This data may include tracking and recording visits to individual webpages, including in the ATS cum CRM platform, and interactions with specific components of those webpages. We may share or publish this service data with third parties in an aggregated and anonymized manner, but we will not include any ATS cum CRM Data or publicly identify customers or end-users.

We use a variety of third-party tools to measure, monitor and record your usage of our services, including Google Analytics and other event-tracking software. When you visit sites that use Google Analytics, Google and we may link information about your activity from that site with activity from other sites that use Google Analytics services.

We may share or disclose personal data as follows:

To our service providers and suppliers, who are acting and using your information on our behalf to provide services to our customers and help us with our business activities. For more information, see below under “What personal data do we share with sub-processors?”
To corporate subsidiaries, we own or control to support their business and marketing processes
Based on a good faith belief that such disclosure is necessary to protect the rights or safety of any person or entity
Based on a good-faith belief that disclosure is necessary to respond to judicial process, valid government inquiry, or is otherwise required by law, such as to comply with a subpoena, bankruptcy proceedings, or similar legal process
In the event of an acquisition of our company or our assets, your information may be transferred with the company or the asset
To other third parties for purposes that you have allowed or to which you have consented, such as to our reseller partners
When posted to our community webpages or to our wikis, forums, blogs, message boards, chat rooms, and other social networking environments
To create aggregated information that does not identify you personally

Except as described above or elsewhere in this Privacy Policy, we do not sell, transfer or otherwise disclose, sell, trade, or otherwise transfer your Personal Data to outside parties.

We share personal data with service providers and suppliers that are acting and using your information on our behalf to provide services to our customers and help us with our business activities.

Sub-processors help us process payments, provide customer support, host our ATS cum CRM platform, analyze data, provide marketing assistance, and integrate with third-party services. We also use sub-processors to help us provide components of our ATS cum CRM platform. For example, certain of our sub-processors provide us with the data warehousing and visualization capabilities that power our Reporting tools, and we may share ATS cum CRM Data with those sub-processors for the purpose of providing this reporting functionality. We may also share Customer PII, including email addresses and other personally identifying information, with service partners that communicate with, monitor or provision our customers on an individual basis to serve as a unique customer identifier.

Sub-processors are authorized to use your personal data only as necessary to provide these services to us. Transfers of personal data to subsequent third parties are covered by the services agreements between us and our sub-processors.

For more information about our sub-processors, please visit Sub-Processors, Penknife Help Center.

Where do we store your data?

Penknife uses third-party cloud computing services to host its ATS cum CRM platform and store and process ATS cum CRM Data. The servers used to provide these hosting services are located in the United States. Penknife is unable to accommodate requests to store data in other locations. For more information about the third parties that provide hosting services, please visit the Penknife Help Center.

ATS cum CRM Data may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

For information about the steps we take to comply with legal requirements related to our transfer of personal data of EU residents to the United States, see below under “Do we participate in Privacy Shield?”

How long do we store ATS cum CRM Data?

After an account expires, Penknife will store ATS cum CRM Data in accordance with its Terms of Service and this Privacy Policy. In general, we keep a copy of this data for at least 30 days post-termination. After that, ATS cum CRM Data is purged in accordance with Penknife’s data deletion policies, generally within 180 days after a customer’s subscription expires.

Your Rights Over Your Data

What are your choices regarding your personal data?

You may request to review, correct, delete, or otherwise modify any of your personal data. These choices apply to all personal data collected by Penknife and not only to cookie and marketing data as described in Penknife’s Cookie Policy. If you have registered for an account for our ATS cum CRM platform, you may generally update your user settings and profile by logging into our platform with your username and password and editing your settings or profile. You can also update the contact details of your leads, contacts, and prospects stored in the ATS cum CRM platform at any time. Otherwise, to access, correct, or delete your personal information, please visit the webpage Submit a Request, Penknife Help Center. After we verify your request, we will respond to you in accordance with our legal obligations and this policy. If your request relates to your personal data stored on our ATS cum CRM platform, this generally means we will direct your request to the licensed account administrator for review.

If you wish to unsubscribe to our marketing communications, you should follow the unsubscribe instructions included in our email communications, or you may contact us at privacy@penknife.app.

Special data management rights belonging to California residents are described below under “California Rights and Choices.”

California Privacy Statement

The following supplemental privacy policy (Supplemental Policy) describes how we process information about residents of California.

Summary of Personal Information That We Collect About You

For individuals who are California residents, the California Consumer Privacy Act requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it. While we have set out the categories below as required by the California Consumer Privacy Act, you can review the other sections of our Privacy Policy set out above, and other information that describes our data collection and use, which provide additional information about our collection and use of personal data.

Depending on how you interact with us, we may collect the categories of information as summarized in the table below. This Supplemental Policy also does not apply to the personal information we collect from employees or job applicants in their capacity as employees or job applicants. It also does not apply to the personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

All of the categories of personal information we collect about you (as detailed below) come from the following categories of sources:

You, including through your use of our Services;
Automatically collected from you; O* ur affiliate companies;
Our customers, who may store and process personal information about you in the Platform; and

Other third parties.

Categories of Personal Information We Collect	Categories of Third Parties with Which We Share that Information
Identifiers (such as name, address, email address, employer information)	Third parties (such as our service providers and integration partners) or your organization (through its purchase of an account with us) Our affiliate companies Aggregators (such as analytics services)
Commercial Information (such as transaction data)	Third parties (such as our service providers) Our affiliate companies Aggregators (such as analytics services)
Financial Data (such as billing information)	Third parties (such as our service providers and integration partners) Our affiliate companies
Internet or Other Network or Device Activity (such as browsing history or app usage)	Third parties (such as our service providers and integration partners) Our affiliate companies Aggregators (such as analytics services)
Location Information (for example, inferred from your IP address)	Third parties (such as our service providers and integration partners) Our affiliate companies Aggregators (such as analytics services)
Professional or Employment-Related Data (such as the name of your employer)	Third parties (such as our service providers and integration partners) Our affiliate companies Aggregators (such as analytics services)
Legally Protected Classifications (such as gender and marital status)	Third parties (such as our service providers and integration partners) Our affiliate companies
Other Information that Identifies or Can Be Reasonably Associated with You	Third parties (such as our service providers and integration partners) Our affiliate companies Aggregators (such as analytics services)

Categories of Business/Commercial Purposes for Our Use of Your Information

All of the categories of personal information we collect about you (as detailed above) are used for the following purposes:

Providing our Service (for example, operating our ATS cum CRM platform, account servicing and maintenance, customer service and support, advertising and marketing, analytics, and communication about our services);
For our operational purposes and the operational purposes of our service providers and integration partners;
Improving our existing services and developing new services (for example, by conducting research to develop new products or features);
Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity; Bug detection, error reporting, and activities to maintain the quality or safety of our services;
Auditing consumer interactions on our site (for example, measuring ad impressions);
Short-term, transient use, such as customizing content that our service providers or we display on the services;
Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners; and
Other uses that we notify you about.

California Rights and Choices

Subject to certain restrictions, if you are a California resident, you have the right to request that we disclose the personal information we collect about you, to delete any personal information that we collected from or maintain about you, and to opt out of the sale of personal information about you. As a California resident, you also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests, including our means of verifying your identity. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, email us at privacy@penknife.app or by calling us at +1-510-371-6736

Accessing and Deleting Your Personal Information

Right to request access to your personal information If you are a California resident, you have the right to request that we disclose the categories of personal information that we collect, use, or sell about you. You may also request the specific pieces of personal information that we have collected about you. However, we may withhold some information where the risk to you, your personal information, or our business is too great to disclose the information.

Right to request deletion of your personal information

If you are a California resident, you may also request that we delete any personal information that we have collected from/about you. However, we may retain personal information as authorized under applicable law, such as personal information required as necessary to provide our services, protect our business and systems from fraudulent activity, debug and identify errors that impair existing functionality, as necessary for us, or others, to exercise their free speech or other rights, comply with law enforcement requests pursuant to lawful process, for scientific or historical research, for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. We need certain types of information so that we can provide our services. If you ask us to delete it, you may no longer be able to access or use our services.

How to exercise your access and deletion rights

California residents may exercise their California privacy rights by visiting our Customer Support Center and submit the form located there. While completing this form is the best way to reach us, you may also email us at privacy@penknife.app or by calling us at +1-510-371-6736

For security purposes, we may request additional information from you to verify your identity when you request to exercise your California privacy rights.

Sales of Personal Information

California residents may opt out of the “sale” of their personal information. We do not “sell” your personal information as we understand that term to be defined by the California Consumer Privacy Act and its implementing regulations.

Non-Discrimination Rights

California residents have the right to not be discriminated against for exercising their rights as described in this Supplemental Policy. We will not discriminate against you for exercising your CCPA rights.

Contact Information

We welcome your comments or questions. You may contact us at:
Privacy Concerns: privacy@314ecorp.com or privacy@penknife.app
Security Concerns: security@314ecorp.com
Telephone: +1-510-371-6736

Address:
314e Corporation
301 Oxford Valley Rd., Ste 1303B
Yardley, PA 19067