Sail Jump

Privacy Policy Last Updated: 08/11/2024

At Penstack we are committed to protecting and respecting your privacy. We want you to feel that we respect and take great care when we process your Personal Information. This Privacy Policy describes how Penstack Solutions Private Limited, (also referred to as “Penstack”, “we” or “us”) will process the Customer’s, the End User’s, and/or any other users’ (“your”) Personal Information when you interact with us, use our services on our platform (“SailJump”), which includes our software, tools, developer services, data, documentation and our website (“Hosted Services''). It also describes your privacy rights. More information about your rights, and how to exercise them, is set out in Section 3. Penstack is the controller/data fiduciary for the processing of your Personal Information when Penstack determines the purpose and means of the processing. Penstack also act as a processor or service provider on your behalf. This policy also details our privacy practices related to Penstack advertising and marketing. For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable natural person.

1. Description of Users and Acceptance of Terms:

This Privacy Policy applies to visitors to the site www.sailjump.com, who not only view publicly available content (“Visitors”) but also, the subscribers(“Subscribers”) who have signed up with Penstack to use and access the entire or some portions of our tiered platform. Visitors are agreeing to the terms of this Privacy Policy and the Accompanying website Terms of Service, by visiting this website. Each Subscriber is also agreeing to the terms of this Privacy Policy and the accompanying Terms of Service by signing up for access and use of our platform. SailJump and Penstack also periodically makes updates and amendments to both the Privacy Policy and Terms of Use from time to time, which are updated on the website when applicable.

2. Personal Information We Collect: We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Information”) as follows:

2.1. Account Information: When you create an account with us to use our Hosted Services, we collect information associated with your account, including your name, contact information, account credentials, payment information, and transaction history (“Account Information”).
2.2. Communication Information: If you communicate with us, we may collect your name, contact information, and the contents of any messages you send (“Communication Information”).
2.3. Payment Information: When you purchase or subscribe to our Hosted Services, we may collect your billing information, such as your credit card number, expiration date, and billing address, or use a third-party payment processor to process your payments (“Payment Information”).
2.4. Technical Information: When you visit, use, and interact with our Hosted Services, we may receive certain information about your visit, use, or interactions (“Technical Information”), including the following:

2.4.1. Log data: Information that your browser automatically sends whenever you visit our website (“Log Data”). Log Data includes your business accounting information including, but not limited to customer list, sales and transaction data, payment receipts information and bank details, and any other information collected by us when you access SailJump, or when SailJump is integrated with your third-party software.
2.4.2. Usage data: We may automatically collect information about your use of our Hosted Services, such as the types of content that you view or engage with, the features you use, and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, computer connection, IP address, and the like. However, we will never collect or store any data directly related to your uploaded documents, queries, or other usage that could contain confidential or sensitive information in a way that doesn’t follow our Security Policy.
2.4.3. Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
2.4.4. Cookies: Cookies are small text files placed on your computer by websites you visit to collect standard Log Data and visitor behavior information. These cookies serve as unique identifiers, allowing websites to recognize your device and remember information about your preferences or activities.

How do we use cookies?

We use cookies to follow your activity on our website and that information helps us understand your preferences and improve your website experience. We also use cookies for such activities as remembering your access credentials for our Hosted Services and keeping you signed in, if you so choose. In addition to the cookies used by Penstack and our service providers, some cookies are placed by third parties such as Google (for analytics, as described below).

What types of cookies do we use?

Essential Cookies: these are essential to enable you to move around the website and use its features, such as accessing secure areas of the website.
Performance and Analytics Cookies: these include Google Analytics and they keep track of the pages that you visit and the content you access, so we can determine which content is most popular and improve the performance of our website. These cookies primarily record aggregate and anonymous statistical data but do capture a minimal amount of identifiable information such as order IDs.
Functional Cookies: they remember the choices you make, such as language options or the region you are in. These cookies help to make your visit more personal and are deleted automatically when you close your browser or the session expires.

How you can manage cookies

You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options, you must adjust your browser settings (such as Chrome, Safari, Firefox, Edge, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, you may limit the features and functionality of our Hosted Services.

3. How We Store Your Personal Information

3.1. We securely store your Personal Information at Amazon Web Services (AWS) servers and utilize a combination of advanced security measures, as mentioned below:

3.1.1. SSL encryption for added data protection.
3.1.2. Regular updates of the latest security patches.
3.1.3. 2 factor authentication

3.2. We will keep your Personal Information stored for a time period which is determined based on the purpose for which the Personal Information was collected and the legal obligations we must fulfill. Your Personal Information may be stored for longer periods only when necessary for archiving purposes in the public interest, scientific or historical research, or statistical purposes, in accordance with applicable regulations. We ensure that appropriate technical and organizational measures are in place to protect your Personal Information during this period, as provided in Section 2.2.

4. How We Use Personal Information

4.1. The following disclosures are intended to provide additional information about the categories of Personal Information we collect (as defined above), the type of data, how we use each category of Personal Information. These disclosures do not limit our ability to use or disclose information as described above.

4.1.1. We do not sell your Personal Information.
4.1.2. We may use Personal Information for the following purposes:

4.1.2.1. To provide, administer, maintain, improve, and/or analyze the Hosted Services.
4.1.2.2. To provide you with support services.
4.1.2.3. To communicate with you including discussing with you, the use the SailJump.
4.1.2.4. To develop new features and Hosted Services.
4.1.2.5. To prevent fraud, criminal activity, or misuses of our Hosted Services, and to ensure the security of our IT systems, architecture, and networks.
4.1.2.6. To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our Affiliates, you, or other third parties.

4.2. Aggregated Information. We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Hosted Services, to improve and add features to our Hosted Services. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Hosted Services and share aggregated information like general user statistics with third parties, publish such aggregated information or make such aggregated information generally available. We may use your data for recommendations and development of aggregated analytical models based on the entire network of customers registered on SailJump. We may collect aggregated information through the Hosted Services, through cookies, and through other means described in this Privacy Policy.
4.3. We are committed to ensuring that your Personal Information is accurate and up to date. We take every reasonable step to rectify or erase any inaccurate Personal Information without delay, considering the purposes for which the Personal Information is processed. If you believe that any Personal Information we hold about you is inaccurate or incomplete, please contact us so we can address your concerns promptly.
4.4. We are committed to processing your Personal Information in a manner that ensures its security and confidentiality. This includes protecting against unauthorized or unlawful processing, as well as accidental loss, destruction, or damage. We implement appropriate technical and organizational measures to safeguard your Personal Information and uphold your rights and freedoms. However, you understand and agree that these steps do not guarantee immunity from unethical security breaches, security threats, malicious viruses and other such vulnerabilities.

5. Legal Basis Of Processing: While the Hosted Services are not intended for the collection and use of most types of Personal Information, we recognize that certain categories of Personal Information may be collected or input into the Hosted Services. Where applicable data privacy laws apply, our legal grounds for processing Personal Information include:

1. Legitimate business interests: We handle Personal Information because it furthers the legitimate business interests of Penstack (or of our customers, business partners, or suppliers) in the activities we engage in to run our business and provide you with Hosted Services, and because that handling of Personal Information does not unduly impact your interests, rights, and freedoms.
2. Contract: Some of our handling of Personal information is necessary to meet our contractual obligations to you, or to take steps at your request because we are planning to enter into a contract with you. For example, when we process your Payment Information, we are relying on this basis.
3. Consent: If the applicable law requires consent, and in some other cases, we handle Personal Information on the basis of consent. For example, we conduct some of our direct marketing on the basis of consent. If the applicable law requires explicit consent, we use Personal Information on that basis.
4. Legal obligation or claims: We sometimes need to use and disclose Personal Information to comply with our legal obligations, or because it is necessary to establish, exercise, or defend legal claims.

Purpose	Legal Basis
We will collect, use, and store your registration information, user information and settings and login information to register and create an account on SailJump, to connect your device, integrate with the accounting ERP that you use and the respective Service, and provide you with our Hosted Services.	Contract
To provide and facilitate the Hosted Services, including to fulfil any contracts with you with respect to your account	Contract
To improve and develop our Hosted Services and new features and conduct research	Legitimate business interests
We may use Social Information to perform analytics and to communicate with you.	Contract
We may disclose your Social Information to our Affiliates	Contract
We may use Payment Information to facilitate payments for products and Hosted Services provided by Penstack. We may disclose Payment Information to our Affiliates and third-party payment processors.	Contract. Legitimate business interests
We use your Communication Information for providing our Hosted Services and responding to you.	Contract. Legitimate business interests
We use your Technical Information for analytics and, in some cases, for moderation and prevention of fraud and malicious activity.	Legitimate business interests. Legal obligation
We use Support Information for providing support, improving the Hosted Services, and in responding to you.	Legitimate business interests. Consent
We may use Personal Information to protect the rights, privacy, safety, or property of our users, us, our Affiliates, or any third party Legal obligation.	Legitimate business interests

6. Your Data Protection Rights

6.1. Right to lodge a complaint. If you have objections or concerns about how we process your Personal Information, you have the right to contact, or lodge a complaint with, the supervisory authority in your state or place of habitual residence, place of work or place of alleged infringement, as per the applicable data protection law.
6.2. Right to information and access. You can request information regarding whether we are processing your Personal Information and ask to receive a copy of your Personal Information as per the applicable data protection law, together with certain additional information regarding how we process your Personal Information.
6.3. Right to rectification. If you believe that your Personal Information is inaccurate or incomplete, you can ask for it to be corrected or completed.
6.4. Right to object. You have the right to object to the processing of your Personal Information which is based on our legitimate business interests. If we cannot demonstrate compelling and legitimate grounds to continue processing the Personal Information, we must cease the processing. You always have the right to object to our processing of your Personal Information for direct marketing purposes.
6.5. Right to restriction. In some cases, you have the right to request a restriction of the processing of your Personal Information, which means that the Personal Information is marked so that, in the future, it can only be processed for certain limited purposes. This is possible, for example, if you have objected to the processing, if you have disputed the accuracy of your Personal Information, or if the processing is unlawful. By requesting a restriction of our processing, you have the right to stop us from processing your Personal Information for a certain time-period for other purposes than, for example, to defend legal claims.
6.6. Right to erasure. In some cases, you may request that your Personal Information be erased. The right to erasure applies, for example, to Personal Information that is no longer necessary for the purpose for which it was collected, or to Personal Information that is processed based on your consent if you choose to withdraw your consent. In certain circumstances, we may not be able to delete your Personal Information, for example, if your Personal Information is needed to comply with a legal obligation, if it is still needed for the purpose for which it was collected, or if our interest in continuing to process the Personal Information outweighs your interest in having it deleted.
6.7. Right to transfer your Personal Information (data portability). If we process your Personal Information to fulfill a contract or based on your consent, you may, in certain cases, be able to obtain the Personal Information for use elsewhere, e.g. by obtaining a copy of it in a machine-readable format and transmitting it to another data controller.
6.8. Right to withdraw consent. In those cases where we process your Personal Information based on your consent, you have the right to withdraw your consent at any time. When you withdraw your consent, we will stop any processing of Personal Information which is based on your consent.
6.9. Right to be informed of data breaches. In the event of a data breach that compromises your Personal Information, you have the right to be informed. We will notify you and the supervisory authority without undue delay when we become aware of a breach that poses a risk to your rights, in accordance with Section 2.2.
6.10. You can exercise some of these rights through your Penstack account. If you are unable to exercise your rights through your account, please submit your request through legal@sailjump.com.
6.11. Please note these rights may be limited, for example if fulfilling your request would reveal Personal Information about another person, or if you ask us to delete information that we are required by law or have compelling legitimate interests to keep.

7. Disclosure of Personal Information :

7.1. In certain circumstances, we may share your Personal Information with third parties without further notice to you, unless required by the law, including without limitation in the situations below:

7.1.1. Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain Hosted Services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud service providers, and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, and web analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
7.1.2. Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of Service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or Affiliate as part of that Transaction along with other assets.
7.1.3. Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Hosted Services, or the public, or (v) protect against legal liability.
7.1.4. Affiliates: We may share Personal Information with our “Affiliates,” meaning an entity that controls, is controlled by, or is under common control with Penstack. Our Affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.
7.1.5. Other Users: certain actions you take may be visible to other users of our Hosted Services.

8. Third-party Websites and Hosted Services :

Our Hosted Services may contain links to other websites not operated or controlled by Penstack, including social media services (“Third Party Sites”). When you decide to click on these links and be led to such websites, we recommend familiarizing yourself with their privacy policies or notices, cookie policies and/or other documents pertaining to the use of such Third Party Sites. The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. We assume no responsibility for the content, policies or practices of such Third Party Sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies.

9. Requests : To exercise your rights, please contact us at legal@sailjump.com. We reserve the right to limit our facilitating such requests to that which is required by applicable law.

9.1. To protect your Personal Information from unauthorized access or deletion, we may require you to verify your identity before we will process any request to know or delete Personal Information. If we cannot verify your identity (and, where applicable, proof of residency) to our satisfaction, we will not provide or delete your Personal Information.
9.2. You may submit a request to exercise your rights through an authorized agent. Such an agent must present signed written authority to act on your behalf and must be able to verify your identity (and, where applicable, proof of residency) to our satisfaction.
9.3. Rest assured that we will not discriminate against you for making any such request. Your right to access and delete your Personal Information is important to us, and we will take reasonable steps to verify and process your request promptly.
9.4. Please be aware that even if we delete your Personal Information, certain residual data may still remain in our backups or archives for a limited period in accordance with our data retention policies and applicable laws.

If you have any questions or concerns about this process or our data deletion practices, please feel free to contact us at legal@sailjump.com.

10. Security

10.1. We take significant and appropriate steps to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We use appropriate technical and organizational measures to protect your Personal Information which may include physical access controls, encryption, intrusion detection and network monitoring depending on the nature of the information and the scope of processing.

11. Data Retention and Deletion :

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, unless a longer retention period is required or permitted by law. We may also retain your Personal Information for legitimate business interests, such as to comply with our legal obligations, resolve disputes, and maintain our records. When we no longer need your Personal Information, we will delete it using secure methods such as secure data wiping or anonymize it in accordance with our data retention policies and applicable laws, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible. We regularly review our data retention policies to ensure compliance with applicable laws, rules, and regulations and to minimize the risk of retaining unnecessary Personal Information.

12. Information Penstack Provides where Personal Data is Collected from You

12.1. When Personal Information is obtained directly from you (e.g., Account Information, Communication Information, Payment Information), we will provide the following information to you:

The identity and contact details of the data controller/data fiduciary (Penstack Solutions Private Limited).
The purposes of the processing for which the Personal Information are intended, as described in Section 2 of the Privacy Policy.
The legal basis for the processing, including any legitimate business interests pursued by us.
Any recipients or categories of recipients of the Personal Information (e.g., third-party service providers, Affiliates).
The retention period or criteria used to determine the retention period of the Personal Information.
The existence of your rights to request access, rectification, erasure, restriction of processing, objection to processing, and data portability, as well as the right to lodge a complaint with a supervisory authority and be notified of any data breaches.
The existence of any automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing.

12.2. When Personal Information is not obtained directly from you (e.g., through Social Media Pages, analytics tools), we will provide the following additional information to you:

The categories of Personal Information concerned (as described in Section 1 of the Privacy Policy).
The source from which the Personal Information originate and, if applicable, whether it came from publicly accessible sources.
The purposes of the processing for which the Personal Information are intended, as described in Section 2 of the Privacy Policy.
The legal basis for the processing, including any legitimate interests pursued by the data controller.
Any recipients or categories of recipients of the Personal Information (e.g., Affiliates).
The retention period or criteria used to determine the retention period of the Personal Information.
The existence of your rights to request access, rectification, erasure, restriction of processing, objection to processing, and data portability, as well as the right to lodge a complaint with a supervisory authority and be notified of any data breaches.

13. Children’s Privacy

Our Hosted Services are not directed to, or intended for, children under 18 We do not knowingly collect Personal Information from children under 18. If you have reason to believe that a child under 18 has provided Personal Information to Penstack through the Hosted Services, please email us at legal@sailjump.com. We will investigate any notification and, if appropriate, delete the Personal Information from our systems. Users under 18 must have permission from their parent or guardian to use our Hosted Services.

14. Marketing

We would like to send you information about products and Hosted Services of ours that we think you might like. If you have agreed to receive communication related to marketing, you may always opt out at a later date. You have the right at any time to stop us from contacting you for marketing purposes or giving your Personal Information to our Affiliates. If you no longer wish to be contacted for marketing purposes, please click www.sailjump.com/newsletter/unsubscribe.

15. Acceptance of Terms

All data and information provided by you through your use of the Hosted Services is subject to the Privacy Policy. By using the Hosted Services, you accept and agree to be bound and abide by this Privacy Policy.

16. Changes to this Privacy Policy

We regularly review this Policy and reserve the right to modify or update it at any time in accordance with applicable laws and regulations. When we do, we will post an updated version on this page, unless another type of notice is required by applicable law or contractual agreement. By continuing to use our Service or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means, you consent to the revised Privacy Policy.

17. Contact Information

If you have any questions about our Privacy Policy or any other privacy-related issue, please contact us at legal@penstack.com.