Terms and Conditions

1. Terms & Conditions

Terms

By accessing the website at https://creela.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Creela’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on Creela’s website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Creela at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

  1. The materials on Creela’s website are provided on an ‘as is’ basis. Creela makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Creela does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Creela or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Creela’s website, even if Creela or a Creela authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Creela’s website could include technical, typographical, or photographic errors. Creela does not warrant that any of the materials on its website are accurate, complete, or current. Creela may make changes to the materials contained on its website at any time without notice. However, Creela does not make any commitment to update the materials.

Links

Creela has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Creela of the site. Use of any such linked website is at the user’s own risk.

Modifications

Creela may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Kuala Lumpur, Malaysia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

2. Privacy Policy

Your privacy is important to us. It is Creela’s policy to respect your privacy regarding any information we may collect from you across our website, https://creela.com, and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

We don’t share any personally identifying information publicly or with third parties, except when required by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

You have the right to request access to and to request correction of your personal data that are being processed by Creela.

Your continued use of our website will be regarded as an acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

Our Site, creela.com, is owned and operated by Equals One Ventures Sdn Bhd (1379015-X).

This policy is effective as of 5 May 2022.

3. Cookies Policy

This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Cookies Policy:

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Cookies Policy) refers to Creela Analytics.
  • You means the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.
  • Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses
  • Website refers to Creela Analytics, accessible from https://creela.com/.

Why do we use cookies for tracking?

Specifically, we use cookies and similar technologies to provide, maintain, protect, and improve our Site as well as our Services.

We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and Services to operate. Other cookies enable us and the third parties we work with to track and target the interests of visitors to our Websites. We also enable our Users to employ cookies and similar tracking technologies in connection with their use of our Services in order to allow us and our Users to track their Visitors. Finally, third parties serve cookies through our Websites and Services for advertising, analytics, and other purposes.

Most web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove cookies or to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.

Some of the cookies we commonly use are listed below. This list is intended to illustrate the main reasons we typically set cookies. If you visit one of our sites, the site may set some or all of the following cookies:

Cookie Purpose
_hid Identify users who are currently connected with Creela.
created_at Identify user’s first created date and time with Creela.
first_session Identify user’s first session with Creela.
creela_session Tracking current session of user.
pageview Counter for total pageviews.
unique_session Counter for unique session.

What are we collecting?

We collect information in various ways when you use our Site or Services.

For Visitors to the Creela Site

For Visitors to the Site, Creela uses first-party cookies, third-party cookies, and similar tracking technologies to:

  • Provide assistance during the visit
  • Analyze your use of our products, services, or applications
  • Improve your experience on our Site
  • Evaluate our promotional or marketing efforts

The information we collect is non-identifiable and is used to make the Site work as you expect it to.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

For Users of Creela

This section applies to Information of Creela Users that we may process via the provision of our Services.

We collect information, including personal information, you provide us voluntarily. For example:

  • When you enter in your full name, email address, and password when you create an account to access the Services or otherwise enter similar information into forms or surveys on our Site or Applications
  • When you enter information using your Account, including company name, and credit card payment information.
  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information for internal analytics purposes.

As used in this statement, “personal information” means any information which, either alone or in combination with other information, identifies you as an individual, such as your name, mailing address, and email address.

We collect this information to make your experience with Creela better. When you log into the site with your username and password we store an encrypted cookie on your device. This allows you to stay logged in, even if you refresh the page or return to the Site on another day. Also, we collect general usage behavior, most visited features and such to analyze and improve our Services for you. If you choose a plan in Creela, we may collect other information, such as your payment details.

Creela may use Personal Information:

  • To complete transactions between you and Creela
  • To send e-mail, chat, or in-app messaging about the Site or respond to inquiries
  • To provide support for the Creela Services
  • To enhance or improve user experience, the Site, or Creela Services
  • In a support context, to view details of your account and ensure that it complies with your contractual obligations to us
  • To perform any other function that we believe in good faith is necessary to protect the security or proper functioning of the Creela website or the Creela Services

For Visitors to sites using Creela

This section applies to Information Creela may process relating to Visitors of an Creela User’s website.

For Visitors of an Creela User, Creela is acting as a service provider to the User. Creela Services use first-party cookies to maintain a coherent scope for a visitor session across multiple pages on a single website. If you are visiting a site that is using Creela, we collect information such as the channel you came from, the pages you visited, etc.

This information is collected for companies to make their websites great for you. Without it, they simply wouldn’t know when they get it wrong. If they can see how you actually experience their website, they’ll actually know what to improve! This information is by default non-identifiable and only available to the specific Creela User.

The processing of data sent from our Users is governed by our Terms of Use. If you are a customer of one of our Users and would like more information on their use of your data, please contact the User that you interact with directly.

Your Choices Regarding Cookies

If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.

If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.

If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

For any other web browser, please visit your web browser’s official web pages.

Contact Us

If you have any questions about this Cookies Policy, You can contact us:

  • By email: office@creela.com

4. GDPR

What is GDPR?

The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union. The GDPR aims primarily to give control back to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. When the GDPR takes effect, it will replace the 1995 Data Protection Directive. GDPR becomes enforceable from 25 May 2018.

Our commitment to GDPR Compliance

At Creela, we write Customer with a capital “C”. We do our best to implement services that fulfill our Customers’ needs. One of the most important Customers’ requirement is the security of their data. That is why for us it is paramount. Creela understands how the fulfillment of GDPR obligations will improve protection of our Customers’ data. We are fully committed to achieving compliance with the GDPR prior to the regulations effective date.

Our Role as a Data Controller and Data Processor

Creela has customers who are both companies and individuals. We offer a product to companies that allows them to collect and analyze customer experience provided by individuals who may reside in the EU. In this case, through our contract with the company who is our customer, we are acting as a data processor. We collect, store, and retrieve data on their behalf and at their request. We also use our own product to collect, store, and retrieve data to analyze our own product. In this capacity, we are both a data controller and data processor, since the data processing is happening for our own purposes.

Our Use of Third Party Data Processors

Creela makes use of third party services in infrastructure, reporting, and analytics. It is our obligation to ensure that the processing of data on our behalf is also GDPR compliant. For the details of our third-party tools, please refer to the privacy page.

Your rights and responsibilities

Creela is required to be in compliance with the GDPR since we offer services to residents of the EU. In order to offer our service, we must collect data that can identify people. In addition to our obligation to follow the regulation, Creela intends to follow best practices in privacy and protection of data. In accordance with the European General Data Protection Regulation 2016/679 (GDPR) you have a right of access, correction and removal of your personal data which you may exercise by sending us an email at office@creela.com. Your requests will be processed within 30 days. We may require that your request be accompanied by a photocopy of proof of identity or authority.

One of the main drivers of the GDPR is informing your customers/users about you data policies. It is therefore required to ask before you are to collect user data through Creela, you make it easy for your users to see your data policy as explained in your Privacy Statement.

Notification in the event of a Data Breach

We will notify the owners of Creela accounts within 48 hours of the discovery of a data breach. We will work with our customers to inform Data Subjects of the breach.

5. Data Processing Agreement

Processing personal data in a secure, fair, and transparent way is extremely important to us at Equals One Ventures, the company of the creators of Creela. To better protect individuals’ personal data, we are providing this agreement to govern Equals One Ventures’s and your handling of personal data (the “Data Processing Agreement” or “DPA”).

If you are accepting this DPA on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to this DPA; (b) you have read and understand this DPA; and (c) you agree, on behalf of Customer, to this DPA. If you do not have the legal authority to bind Customer, please do not accept this DPA

Definitions

  1. “You” or “Customer” refers to the company or organization that signs up to use the Equals One Ventures Service to analyse the online behavior of your website’s visitors or your app’s users;
  2. In the course of providing the Creela (“Service”) to Customer pursuant to the Agreement, Equals One Ventures may process personal data on behalf of Customer.
  3. In this Data Processing Agreement (“DPA”), “Data Protection Legislation” means the General Data Protection Regulation (Regulation (EU) 2016/279), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction;
  4. “data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation;
  5. The parties agree that Customer is the data controller and that Equals One Ventures is its data processor in relation to personal data that is processed in the course of providing the Service.

Processing of Customer Personal Data

  1. Depending on how the controller chooses to use the Service, the subject matter of processing of personal data may cover the following types/categories of data:
    • IP address (by default the IP address is stored anonymized)
    • City, Region, Country, Longitude/Latitude (Latitude and Longitude are often near the center of population. These values are not precise and cannot be used to identify a particular address or household.)
    • Browser, Browser version, Device type, Operating system, the User-Agent
    • Date, time, timezone
    • Pages visited (Page URLs and Page Titles)
    • Screens visited
    • Referrer URL
    • Marketing campaign URL parameters
    • Files clicked and downloaded
    • Links to an outside domain that were clicked
    • Screen resolution
    • Session recording storing the HTML page, and all mouse events (movements, scrolls, locations and clicks), and keypresses
    • Search terms used on your internal mobile’s and web properties’ search engine
    • Custom dimensions and custom variables (any personal or non personal data the controller wishes to process)
    • Custom events
    • Content pieces
    • JavaScript errors
    • User ID
    • Ecommerce Order ID, Order Date
    • Ecommerce Abandoned carts
    • Media titles and URLs
    • Participation in A/B tests
  2. The group of data subjects affected by the processing of their personal data under this Agreement includes end-users of the Controller’s websites and apps which make use of the Service provided by the Processor.

Processor’s obligations with respect to the controller

  1. Equals One Ventures will process Customer Personal Data only in accordance with Instructions from Customer through the settings of the Service, i.e. (a) to operate, maintain and support the infrastructure used to provide the Service; (b) to comply with Customer’s instructions and processing instructions in their use, management and administration of the Service; (c) as otherwise instructed through settings of the Service. Equals One Ventures will only process Customer Personal Data in accordance with the Agreement.
  2. Equals One Ventures shall notify Customer without undue delay if, in Equals One Ventures’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation.
  3. Equals One Ventures shall guarantee the confidentiality of personal data processed hereunder.
  4. Equals One Ventures shall ensure that all Equals One Ventures personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Agreement.
  5. Equals One Ventures shall implement and maintain appropriate technical and organisational security measures designed to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected.
  6. Equals One Ventures may hire other companies to provide limited services on its behalf, provided that Equals One Ventures complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Equals One Ventures has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Equals One Ventures remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Equals One Ventures transfers personal data will have entered into written agreements with Equals One Ventures requiring that the subcontractor abide by terms substantially similar to this DPA. A list of subcontractors is available to the Customer in our Privacy policy. Prior to modifying the list of subprocessors, Equals One Ventures shall notify Customer by email. Equals One Ventures will update the list within thirty (30) days of any such notification if Customer does not legitimately object within that timeframe. Legitimate objections must contain reasonable and documented grounds relating to a subcontractor’s non-compliance with applicable Data Protection Legislation. If, in Equals One Ventures’s reasonable opinion, such objections are legitimate, the Customer may, by providing written notice to Equals One Ventures, terminate the Agreement.
  7. If Equals One Ventures becomes aware of any accidental, unauthorised or unlawful security breach, destruction, loss, alteration, or disclosure of the personal data that is processed by Equals One Ventures in the course of providing the Service (an “Incident”), it shall without undue delay (not later than 48 hours after having become aware of it), notify Customer by email notification and provide Customer with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Customer content. Equals One Ventures shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident.
  8. Equals One Ventures shall not on its own authority rectify, erase or restrict the Processing of Personal Data that is being processed on behalf of the Controller (unless this is required by law or the Processor Terms of Service), but shall only do so on documented instructions from the Controller and in accordance to the data retention rules associated to the Controller subscription plan.
  9. Upon termination of your account, Equals One Ventures shall delete Customer data within 30 days in accordance with our standard backup and retention policy per the Terms of Service.
  10. Equals One Ventures has designated a representative within the European Union who can be contacted by email privacy@ Creela.com

Customer undertakings and Equals One Ventures’s assistance

  1. Customer warrants that it has all necessary rights to provide to Equals One Ventures the personal data for processing in connection with the provision of the Equals One Ventures Services.
  2. Customer shall comply at all times with Data Protection Legislations in respect of all personal data it provided to Equals One Ventures pursuant to the Agreement.
  3. Customer understands, as a controller, that it is responsible (as between customer and Equals One Ventures) for:
    • determining the lawfulness of any processing, performing any required data protection impact assessments, and accounting to regulators and individuals, as may be needed;
    • making reasonable efforts to verify parental consent when data is collected on a data subject under 16 years of age;
    • providing relevant privacy notices to data subjects as may be required in your jurisdiction, including notice of their rights and provide the mechanisms for individuals to exercise those rights;
    • responding to requests from individuals about their data and the processing of the same, including requests to have personal data altered or erased, and providing copies of the actual data processed;
    • implementing your own appropriate technical and organizational measures to ensure and demonstrate processing in accord with this DPA;
    • notifying individuals and any relevant regulators or authorities of any incident as may be required by law in your jurisdiction.
  4. Equals One Ventures shall assist the customer by implementing appropriate technical and organizational measures, insofar as this is reasonably and commercially possible (in Equals One Ventures’s sole determination and discretion), in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.
  5. Equals One Ventures shall make available to the customer information reasonably necessary to demonstrate compliance with Equals One Ventures’s obligations under this DPA. Such audit shall consist solely of: (i) the provision by Equals One Ventures of written information (including, without limitation, questionnaires and information about security policies) that may include information relating to subcontractors; and (ii) interviews with Equals One Ventures’s IT personnel. Such audit may be carried out by Customer or a national privacy supervisory authority composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality (such as the ICO or the CNIL). For the avoidance of doubt no access to any part of Equals One Ventures’s IT system, data hosting sites or centers, or infrastructure will be permitted.

Liability and Indemnity

  1. Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.

Duration and Termination

  1. This DPA shall come into effect on May 25, 2018 and shall continue until it is changed or terminated in accordance with the Creela Terms of Service.
  2. Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.

Privacy Policy

Please refer to the Creela Privacy Policy for more information: https://creela.com/terms-and-condtions#privacy-policy

Contact Us

Email: office@creela.com