1. Our Services
Lexer offers a suite of software tools that are accessible via our websites. These tools allow you to bring together all of your customer data, customer service accounts and digital advertising channels for easy access and management through a single online platform. Through this platform, you can analyse and segment your customer data; manage your marketing and advertising campaigns; engage with your customers; schedule and publish messages; and analyze the results of these activities. Collectively, we refer to these tools as our “Services”.
Any collection, use, and management of personal information by third parties, including Facebook, Instagram, Twitter, LinkedIn and Google (collectively, the “Third Parties”) are governed by their respective privacy policies and terms. When using Third Parties, you are required to comply with their privacy policies and terms. We recommend you carefully review their privacy policies and terms, as Lexer is not responsible for Third Parties.
Our Services also enable you to customize and connect your Lexer account to Third Party services (“Third Party Services”), including through apps you can access in the App Directory or which may be available to you via our platform. The collection of your information by these third parties is governed by the Third Party Services’ privacy policies and terms. We recommend you carefully review their privacy policies and terms, as Lexer is not responsible for Third Party Services.
Our Services are not intended for use by children and should only be accessed by individuals who are at least 18 years old and are using the Services for business purposes.
2. What information do we collect?
We collect information about you as reasonably necessary for the following activities:
Using our Services
We collect the following information when you use our Services:
- Your contact and profile information including your name, email address, organization name, and address; your preferences such as language, time zone, and the types of communication you would like to receive from us; and image (if you choose to provide this). We may also obtain this information if you choose to use a social login service, such as Facebook Login, to create or access your account.
- Billing and other payment information (if you sign up for a paid service or purchase a Third Party Service), including payment method details, such as credit card number.
- The Services you have acquired from us, including the type of plan, number of team members, and transaction information related to the Services.
- Your profile information for Third Parties you choose to connect to the Services. For example, your Facebook profile information may include your Facebook username and profile image.
- A specific location such as an address, a city, or a place (for example, a restaurant) if you choose to share this information.
- Your messages, posts, comments, images, advertising, and other material you curate on and upload to the Services; and information that is collected from Third Parties that you choose to connect to and which is displayed on our Services.
- Content that you may send and receive through Third Parties may contain personal information that Lexer does not directly collect or process. This may include information such as: names, photos, age, gender, geographic location, opinions, preferences, and phone numbers.
Logs, usage, and support data:
- Log data, which may include your IP address, the address of the web page you visited before using the Services, your browser type and settings, your device information (such as make, model, and OS), the date and time when you used the Services, information about your browser configuration, language preferences, unique identifiers, and cookies.
- Usage data and analytics, which may include the frequency of login, and the different types of activity undertaken by users.
- General Location information, such as IP address and the region in which you are located when you are logging in and using the Services.
- Customer support questions, issues, and general feedback that you choose to provide.
Surveys, events, and marketing information
If you choose to participate in our surveys, contests, events (such as webinars and in-person events), or those in which we are affiliated, or request information from us about our Services, we may collect information about you related to the survey, contest, or event; your contact information, such as your name, email address, telephone number, organization name and address; and general information about your organization that you choose to provide, such as annual company revenue, number of employees, and industry.
We may also use service providers to obtain additional business related information about your company such as the organization’s legal name, size, and publicly available revenue, to assist us in offering services that are appropriate to your organization’s needs.
In addition, we may collect information on email open and click rates, including whether individuals clicked on links, and which web pages are visited after opening the email.
Applying for employment
Our careers site collects information you choose to provide to us when applying for employment, which may include contact information, education and employment history, credentials, and LinkedIn profile information.
Browsing our websites
When you browse our websites, we collect information about you as described below, some of which is collected automatically:
- When you use automated chat functionality (chatbots) to make an inquiry or other request, we may collect information about you such as your name and email address, your specific request, and information related to your use of our Services.
- Aggregated website usage data including form analysis data (such as time taken to complete the form), engagement rate, session replay, and mouse movements. If you wish to opt out of this collection, please follow the steps outlined here. Please note this requires the use of an opt-out cookie, so if you reset your cookies, you will need to opt out again.
A cookie is a small file containing information specific to a user, passed through an internet protocol such as a web browser and stored on a device.
We may also be provided with:
- Cookies data or other anonymous identifiers, if provided by clients and relating to use by other persons of our client’s websites. We receive this information as part of the information required to deliver products and services to our clients. We use this information to conduct analytics for our clients and to analyse trends and identify audiences and customers for our clients.
- Cookies data, anonymous identifier data, device information, log information and other information, if provided by ad serving services or advertising networks and relating to use by other persons of third party websites serviced by those ad serving services or advertising networks. We receive this information to provide products and services to our clients, including for the conduct of analytics for our clients and to analyse trends and identify audiences and customers for our clients.
- Many browsers and internet access devices are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser or configure your internet access device to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies. Please note that rejecting cookies may mean that some or all of the features and functionality of particular websites or internet services will not be available to you.
3. How do we use your information?
We use your information for the purposes described below:
Providing and securing our Services
- We need to identify and authenticate our users to ensure, for example, that only those authorized users are able to use the Services for their organization, and to make changes to their accounts.
- We use information that you provide when signing up to set up your account, process payments, contact you regarding the Services, and manage your account.
- We use your contact information and information related to your request to respond to your inquiries, manage our contract with you, respond to your questions and requests, and send you updates and information about the Services.
- We use logging and other data such as general location information—for example, the IP address of your browser or device, to help us manage the performance, security and compliance of the Services.
- Where you have chosen to share your specific location information, we use this information to provide location based features, such as enabling you to share your location on your posts for Third Parties that support this functionality, and to use any functionality that relies on location information.
- We analyze usage information, your feedback, support queries, and survey responses to help us understand and make improvements to our Services.
Communicating with you
We use your contact information where appropriate to send you information about our Services, events, marketing communications (consistent with your preferences—see “Marketing emails, advertising and website browsing” below), and job opportunities. We also use email statistics, such as open rates, to assess the effectiveness of, and to make improvements to our communications.
Improving our websites and applications
We use information about you to help us understand usage patterns and other activities on our websites and applications so that we can diagnose problems and make improvements, including enhancing usability and security.
4. What are your rights regarding the information about you?
When using our Services, you may access, update, or correct most of your Account information by logging in to your account to edit your profile or organization record.
If you have requests that cannot be carried out by logging in to your account, such as accessing additional information or deleting information about you, please send an email to firstname.lastname@example.org. Please note that we may need to retain certain information about you for as long as you maintain an account for our Services, to provide you with our Services, for record keeping purposes, for payment processing, to comply with our legal and regulatory obligations, to resolve disputes, or to enforce the applicable terms of service or other agreement in place between you (or your organization) and Lexer (the “Terms of Service”).
Requests to access, correct, or delete your information will be handled within thirty (30) days unless they are unusually extensive or complex, in which case we will advise you of the expected timeline for handling your request.
If you have authorized us to access your Third Party account, you may revoke this access at any time via the Services.
You can contact our Support team for other general requests about your account by your preferred method.
For marketing communications, you may opt out of marketing communications sent by Lexer by accessing our clicking on the unsubscribe link in the marketing email you receive.
5. Who has access to your information?
Lexer does not rent or sell your information. We restrict access to your information to authorized employees and we do not share your information with third parties except in the circumstances explained below.
Employees and Authorized Contractors
Our employees and authorized contractors may need to access information about you when they require this to perform their job. For example, a customer support representative would need access to your account to validate your identity and respond to your question or request; our email communications team would need access to your contact information to ensure this information is sent correctly and any unsubscribe requests are properly managed; and our security staff would need to review information to investigate attempted denial of service attacks, fraudulent account activity, or other attempts to compromise the Services.
All our employees and contractors are required to agree to maintain the confidentiality and protect the privacy of your information.
Service Providers, Authorized Resellers, and Partners
We will share limited information about you to authorized service providers we use for marketing services, communicating with you, managing our customer database, the provision of professional services, and providing and managing the Services (including hosting data centers, securing our Services, and payment processing).
We limit the number of service providers who are permitted to process your Content for the purpose of assisting us in delivering the Services. We refer to these service providers as “sub-processors” and they are listed on this page.
Where you have purchased a service from an authorized reseller or partner, we may provide information about you to (and may receive information about you from) the reseller or partner as necessary to support your use of the service you purchased.
Third Parties and Third Party Services
Where your employer or an entity has purchased Services on your behalf, we may disclose information about you such as your name and email address, and some usage information including whether a user has logged in to the Service, frequency of login, time spent using the Services to assist your employer or the entity in managing its use and maximizing the value of the Services.
Law Enforcement, Government Agencies, and Professional Advisors
We may need to disclose information about you where we believe that it is reasonably necessary to comply with a law or regulation, or if we are otherwise legally required to do so, such as in response to a court order or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands.
In addition, we may be required to disclose information about you if we believe it is necessary to investigate, prevent, or take action: (a) against illegal activities, fraud, situations involving potential threats to our rights or property (or to the rights or property of those who use our Services), or to protect the personal safety of any person; or (b) regarding situations that involve the security of our Services, abuse of the Services infrastructure, or the Internet in general (such as voluminous spamming, or denial of service attacks).
6. What international data transfers occur at Lexer?
Under the General Data Protection Regulation (GDPR) and other data protection laws, information about you may only be transferred from your region to other regions if certain requirements are met. For instance, under the GDPR, information about you may be transferred from the European Economic Area (EEA) to outside the EEA if adequate data protections are in place.
Lexer also uses Third Party service providers, such as managed hosting providers, credit card processors, and technology partners to provide the software, networking, infrastructure and other services required to operate the Services. These Third Party providers may process or store personal data on servers outside of the EEA and Switzerland, including in Australia or the US. We rely on adequacy (if sent to Australia), the service provider’s registration in the EU-US Privacy Shield and Swiss-US Privacy Shield (if sent to the US), and/or standard contractual clauses (if sent to the US or onward to other countries) to ensure that information about you is lawfully transferred under EU law.
The Third Party service providers we use to help us deliver the Services and which process your Content are referred to as “sub-processors”.
By its nature, social media data can be shared with people around the globe. Third Parties and Third Party Services that you choose to integrate with our Services may collect, store, and process your information from various locations around the world according to their own terms and privacy policies.
7. How do we safeguard your information?
Lexer maintains industry standard security safeguards to protect your information. This includes ensuring our employees receive appropriate security and privacy training and guidance so they are aware of the measures they need to implement to protect your information.
Access controls are in place to limit access to your information to those who need it to perform their jobs. For example, information about you may be provided to our customer support specialists to help you with your requests. Individuals who are permitted to handle your information must adhere to confidentiality obligations.
We encrypt data where appropriate to ensure that your information is kept private. We undertake vendor security and privacy reviews to ensure that vendors follow our stringent requirements to safeguard your information, and we also enter into data protection agreements with our vendors.
8. How long do we retain your information?
In general Lexer does not permanently store Content from Third Parties. Rather, when you login to the Services, we retrieve data from Third Parties in real time so that it is displayed in the platform for viewing during your session. We store other Content that you produce (such as draft Content for publication on Third Parties) so that you can easily access this material on the Services. Lexer analytic products will store mentions related to our customers from social media audiences for up to 25 months to allow our customers to conduct trending and analysis.
Aggregated data is used by Lexer for analysis, product improvement, and troubleshooting purposes. In some cases, Content may continue to exist on Third Parties even after you or we delete it from our Services, and you will need to contact the relevant Third Party directly if you want it to remove this Content.
We retain your information only as long as required to provide the Services requested by you, for record keeping purposes, to comply with our legal obligations, resolve disputes, and enforce the terms for the Services.
After it is no longer necessary for us to retain information about you, we will dispose of it in a secure manner or anonymize the information.
9. Lexer’s roles under the GDPR and UK data protection laws
Depending on the situation and the type of data involved, Lexer may act as a data controller or a data processor.
Lexer as a data controller
Lexer acts as a data controller when we are:
- Collecting information from you to set up and administer your Lexer account (for example, Account information such as your name and email address);
- Monitoring usage information on our website;
- Managing your contact and other related information to send marketing, Services, and other communications to you;
- Responding to a support or general inquiry; and
- Recruiting individuals for job opportunities.
Legal bases for processing when Lexer is a data controller
The legal bases for processing information about you include:
- Your consent (for example, when you have provided your information to sign up for an account or for a webinar; or you have provided your employment history when applying for a job). Where we rely on your consent to process personal data, you have the right to withdraw your consent at any time.
- It is necessary to perform a contract (for example, we may need your information to fulfill our obligations of providing Services to you under the terms relevant to the Services you have acquired).
- Legitimate interest (for example, to provide and maintain the Services to you, to maintain the security of the Services, and to attract new customers to maintain demand for the Services, all of which are described in the “How do we use your information?” section above).
- In some cases, we may have a legal obligation to process your personal data to comply with relevant laws (for example, processing payroll and tax information to comply with relevant employment and tax legislation); or processing is necessary to protect your vital interests or those of another person (for example, obtaining health-related information during a medical emergency).
Your rights when Lexer is a data controller
Where Lexer is acting as a data controller, we have outlined certain rights in the section “What are your rights regarding the information about you?”.
In addition, you may have the following rights:
- Right to object to processing: you may request that Lexer stops processing information about you (for example, to stop sending you marketing communications).
- Right to restrict processing: you may request that we restrict processing information about you (for example, where you believe that this information is inaccurate).
- Right to data portability: you may request that we provide you with information Lexer has about you in a structured, machine-readable, and commonly used format, and you may request that we transfer this information to another data controller.
If you would like assistance on any of the above requests, please send an email to email@example.com with details of your request so that we may consider how we can help you.
Lexer as a data processor
Where you are using our Services and making decisions about the personal data that is being processed in the Services (including selecting the Third Party accounts you wish to connect to the Services, or uploading and using Content), you are acting as a data controller and Lexer is acting as a data processor.
There are certain obligations under the GDPR that you have as a data controller, including being responsible for managing Content on the Services. As a data processor, Lexer will only access and process Content to provide you with the Services in accordance with your instructions (which you provide through the Services), the Terms of Service, Third Parties terms, and applicable laws. As part of delivering the Services, we may process Content to further improve the Services, such as enhancing usability and developing new features.
If you, as a data controller, require Lexer to agree to data protection requirements under Article 28, GDPR, or under UK data protection laws, Lexer makes available a data processing addendum that meets these requirements. Please email your customer details (organization name and plan information) with your request to firstname.lastname@example.org.
If you are using the Services as an authorized user of a Lexer customer (whether that customer is your employer, another organization, or an individual), that customer determines its own policies (if any) regarding storage, access, modification, deletion, sharing, and retention of personal information and Content, which may apply to your use of the Services. Please check with that customer about the policies and settings it has in place.
10. Your California Privacy Rights
If you are a consumer as defined in the California Consumer Privacy Act (CCPA), the following provisions apply to you. Definitions of terms are set out in the CCPA.
Information about your Personal Information
- The categories and specific types of personal information collected and sources from which personal information are collected are set out here.
- The business and commercial purposes for collecting personal information are set here.
- The categories of third parties with whom your information is shared is set out here.
We have outlined certain rights in the section “What are your rights regarding the information about you?”
Under the CCPA, you may have the following specific rights:
- The right to know about the personal information collected about you, which we have set out under “Information about your Personal Information”
- The right to have your personal information deleted.
- The right not to be discriminated against for exercising consumer rights under the CCPA.
You may exercise your rights by emailing us at email@example.com. If your organization requires a CCPA addendum, please email us your customer details (organization name and plan information) with your request here.
While we disclose personal information to service providers for the purpose of managing our relationship with you (e.g. distributing marketing communications) and providing the Services, we do not sell your personal information.
12. How to contact us
If you have any questions, concerns or feedback, please send an email to firstname.lastname@example.org and Privacy Officer/Data Protection Officer; or send a letter to:
Lexer Pty Ltd
86 Inkerman Street, St Kilda, VIC, 3182, Australia
Attn: Lexer Privacy Team
If we are unable to resolve your concerns, you also have the right to contact your local data protection authority.