I. PRIVACY STATEMENT SCOPE
Please see Section III (Customer Data) regarding questions or complaints about Personal Information pertaining to you as an individual that has been submitted to us by a Customer.
Some of our Selligent affiliates may have published privacy statements on their websites that provide additional information about local practices. Please follow the privacy link on our affiliate’s websites to read these local statements. We have also provided our employees with our privacy practices for employee information.
The Websites may contain links to other websites we do not control or maintain. Selligent is not responsible for the privacy practices employed by these other websites. We encourage you to note when you leave our Website(s) and to read the privacy statements of such other websites before submitting any Personal Information.
II. TYPES OF PERSONAL INFORMATION
(a) contact information that allows us to communicate with you, such as your name, username, mailing address, telephone numbers, email address or other addresses that allow us to send you messages;
(b) relationship information that helps us do business with you, such as the types of products and services that may interest you, information on your company’s size, geographic locations, creditworthiness and demographics; and
(c) transaction information about how you interact with Selligent including purchases, inquiries, Customer account information, support services, and information about how Customers use the Services.
III. CUSTOMER DATA
3.3 Selligent as Processor. Selligent is committed to protecting the privacy and security of all Customer Data. This Section III (Customer Data) explains our practices with regard to all of the Customer Data we process for our Customers, including any reports, analyses or other materials we generate for our Customers which rely on or reference to such Customer Data, including:
(a) On Demand/Cloud (hosting of Selligent Platform and product(s)) Customer will provide, through Customer’s use of an On Demand/Cloud service, Customer Data collected by Customer (not by Selligent) respecting the individual(s) or entity(ies) Customer wish to contact using the Service(s) being provided to Customer. In addition, if ordered by Customer, the Services may collect Customer Data for Customer respecting the behavioral use by an individual or entity in Customer’s campaign, which may associate certain preferences with an email address and adjust a campaign in its contact with such Customer(s).
(b) Hosted social/viral product(s) As part of its Services, Selligent hosts technology that enables Customers to seek and share information from their customers, clients and/or users, including information that a user may share about others (“friends”). The information entered may in the forms of addresses for email and other electronic delivery format(s), which addresses may reveal a name and/or personal characteristic that such person has represented in the address format. In addition, depending on the interface, campaign and message created by the Customer, those entering information, including individuals, may enter information revealing their first and last name, mailing address, telephone number, and other information that can identify them, as well as email addresses and other information regarding friends.
3.4 Sharing of Customer Data. Selligent will not review, share, distribute, or reference any Customer Data except as provided in the services agreement with Customer and as provided in this Section III:
(a) Selligent will disclose Customer Data of a particular Customer to such Customer and to other entities or individuals when instructed by the Customer.
(b) We may disclose Customer Data to our affiliates and service providers as needed to provide the Services that our Customer has requested. These entities are all contractually bound to limit use of Customer Data as needed to perform the Services.
(c) We will also always disclose Customer Data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate.
3.4 Protection of Customer Data. We maintain administrative, technical and physical safeguards designed to protect the Customer Data provided by a Customer against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use in accordance with our agreement with such Customer.
3.5 Access to Customer Data. Selligent acknowledges that individuals have the right to access their Personal Information. If Personal Information pertaining to you as an individual is Customer Data, and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our Customer directly. Because Selligent personnel have limited ability to access the Customer Data submitted by our Customers as part of our Services, if you wish to make your request directly to Selligent, please provide the name of Customer who submitted your data to our Services. We will refer your request to that Customer, and will support them as needed in responding to your request within a reasonable timeframe.
3.6 International Transfer of Customer Data.
(a) Location of Customer Data. With limited exceptions, our Customer Data is maintained in the country where the Customer is located. However, some Customer Data from Customers is maintained in a country other than where Customer is located.
(d) Selligent will always protect the privacy and security of Customer Data in our possession or control, regardless of where it is processed. Customer Data from the European Economic Area (“EEA”), and other countries with data transfer restrictions are authorized by Privacy Shield (See Section * Privacy Shield Framework) or other appropriate means.
IV. INFORMATION WE COLLECT
4.1 Voluntarily Provided. Other than Customer Data which obtained and processed by Selligent as provided in Section III (Customer Data), we obtain Personal Information about you as a Visitor, a prospective business contact or Customer if you choose to provide it. For example, if you contact our email mailboxes or you are listed as the contact person for certain Services ordered by a Customer or if you create a profile for a Customer account. In some cases, you may have previously provided your Personal Information to Selligent (if, for example, you are a former Customer). In addition, some pages on our Website may ask the Visitor to provide information, including personal information in order to receive communications, documents, or information about an event. Such information may include: name; email address; physical location/address; entity affiliation; and information about intended or desired use, interests, and preferences.
Selligent generally collects only the Personal Information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection.
Other than Customer Data which may contain “sensitive Personal Information which is processed by Selligent as provided in Section III (Customer Data), Selligent only collects "sensitive" Personal Information when the relevant individuals voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes Personal Information regarding a person's race, ethnicity, political beliefs, trade union membership, religious or similar beliefs, physical or mental health, sexual life or criminal record. Please use your discretion when providing sensitive information to Selligent, and under any circumstances, do not provide sensitive information to Selligent, unless you thereby consent to Selligent's use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in Selligent databases. If you have any questions about whether the provision of sensitive information to Selligent is, or may be, necessary or appropriate for particular purposes, please contact Selligent as provided in Section XIV (Your Comments and Questions).
4.2 Automatic Collection of Personal Information.
The collection of this information allows us to customize a Visitor’s or Customer’s online experience; improve the performance, usability and effectiveness of the Services; advertise and market our services; measure the effectiveness of our marketing activities; and generate and analyze statistics about our Customers use our Services.
Please see Section III (Customer Data) regarding our automatically collecting Personal Information as part of the Services we provide on behalf of our Customers.
(a) IP Address/log information When Visitors or Customers visit any of our Websites, we may collect (automatically log) their IP address (the unique address identifying a computer on the Internet) and standard web log information, such as browser type and the pages accessed on our Websites. The IP address will be automatically recognized by our servers. We may also use this information in aggregate form to maintain and improve our Websites and the Services and to generate and analyze statistics about our Websites and the Services and our Customers’ use of the Services.
(b) Cookies When our Websites are accessed, “cookies” may be placed by or for us on the visiting computer. When a Customer accesses a Service by logging in using a password and/or user ID, we send a "session cookie" to that computer. This type of cookie helps us recognize visits to multiple pages on the Websites during the same session, so that we don't need to ask for a password on each page. Once a registered Customer has logged out or a browser is closed, this cookie expires and no longer has any effect. We may also use longer-lasting cookies for other purposes such as to display an email address on a sign-in form, to avoid the need to retype the email address on each log in to a Customer account. We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if the browser permits, but doing so may interfere with use of our Websites.
(d) Usage Analytics Selligent uses several third-party usage analytics tools including Google Analytics. More information about how Google Analytics is used by Selligent can be found here: http://www.google.com/analytics/learn/privacy.html.
(e) Location-based tools Selligent may collect and use the geographical location of a Visitor’s or Customer’s computer or mobile device, but only with the express consent of the Visitor or Customer. With respect to the collection of precise information about the location of a Visitor or Customer’ mobile device, once the Visitor or Customer has consented to the collection, the consent may be adjusted by them by managing your location services preferences through the settings of the mobile device they are using. This location data is collected for the purpose of providing Visitors and Customers with information regarding Services which we believe may be of interest to Visitors or Customers based on your geographic location, and to improve our location-based Services.
(f) Web beacons Selligent or its service providers may use web beacons (i.e., mall image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server) to track the effectiveness of third party web sites that provide us with recruiting or marketing services or to gather aggregate visitor statistics and manage cookies. Selligent only uses web beacons in accordance with applicable laws.
If you reject the cookies associated with some web beacons, you can render them web beacons unusable, although the web beacon may still record an anonymous visit from your IP address but cookie information will not be recorded.
In some of our communications with prospects, Visitors or Customers, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge interest in our Services, and to maintain and improve them.
(g) Social media widgets and applications The Services may include functionality to enable sharing via third party social media applications (such as the “Like” button on Facebook® and the widget on Twitter®). These social media applications may collect and use information regarding your use of the Services (see details on ‘Social Sharing’ cookies above). Please be aware that certain of the personal information that you provide via such social media applications may be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.
In addition, Selligent may include blogs, forums, crowd-sourcing and other applications or services on its Websites or in social media, in its Services or otherwise online (collectively “social media features”). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any Selligent social media feature may be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we may have limited or no control.
4.3 If You Become a Customer Through an Agreement
When you are a Customer, in addition to the information collected as described in Section 4.1 and 4.2, we also collect the types of information described in this Section 4.3. As described in Section III (Customer Data), as part of providing the Services, we also may collect Customer Data about your customers, and their clients and/or end users (including information they share about others). Customer Data will be collected, used, shared and protected as set forth below and in Section III (Customer Data).
Before permitting a Customer to use a product or service, we may require such Customer to provide information we can use to verify the Customer’s identity, address or location, or to manage risk. Such information may include without limitation, bank or credit card account information for automatic payments, taxpayer ID number, or physical location of server(s). We may also obtain information about a Customer from third parties such as credit bureaus and identity verification services. When a Customer is using a Service, we may collect information about a Customer’s computer or other access device for fraud prevention purposes. Customers will also provide Selligent with identifying information to set up and administer the Services, including authorized user identification information, and business and technical contact information, which will be used to perform the Services.
4.4 Employees. We receive information, including PII when you apply for a job in the “employment” section of the Website. Any such information gathered through that section will be used solely to evaluate whether your background and experience make you a candidate for a career with us. We may also receive information from an employee’s participation in online learning compliance programs (“LMS”) as part of your employment, including email address and other contact information and scoring. The information from the LMS system is stored in the United States, with consent of our employees. We have provided our employees with our privacy practices for employee information.
4.5 Blog/Message Board, email, etc.
To the extent Selligent makes available any forum for public comment, such as a blog, message board or chat space, posters should be aware that any profile information disclosed by them is available to all users of the applicable forum, and is thus neither private nor confidential. Selligent cannot guarantee the security of any information disclosed or communicated online in such fora, and posters disclose any such information entirely at their own risk. Selligent reserves the right at any time, in its sole discretion, to remove any content a poster may post on a blog, message board or chat space and restrict subsequent access to any such forum. Selligent further reserves the right to republish any posting to any such forum elsewhere on the Internet in any format. When Selligent is contacted via email, we answer by sending an email response to the sender. We also store the email we receive for archival purposes and for our own marketing purposes if we feel that it is consistent with the nature of the inquiry. We will not use return email addresses for any other purpose unless you give us permission to do so.
V. How We Use Personal Information
Use in General. We use the information (including personal information) we collect from or about Visitors and Customers (including without limitation, through technologies such as those described in Section IV 4.3 (Automatic Collection of Personal Information) primarily to provide better customer service to Customers, to improve and customize the content Visitors and Customers see, to help recognize Visitors and Customers when you use other devices, to provide the Services requested by Customers, and to contact Visitors and Customers about special promotions and new Services and for purposes including the following:
- provide Services and customer support Customers request or order;
- administering orders and accounts relating to our suppliers or customers;
- process transactions and send notices about Customer agreements, the Services or a Customer’s transactions;
- resolve disputes, collect fees, and troubleshoot problems;
- customize, measure, and improve our products, services and the content and delivery of our Services and Website(s)
- provide information about Services and events, programs or surveys, send Customers and Visitors targeted marketing, product and/or service update notices, and promotional offers based on the communication preferences of Visitors and Customers;
- Compare information for accuracy and verify it with third parties;
- Administering membership records;
- Enable Visitors and Customers to post on our blogs and interact with Selligent through social media;
- Send information to a Customer’s contacts if we are asked to do so by a Customer; and
- Perform data analyses (including market and consumer search, trend analysis, financial analysis and anonymization and aggregation of Personal Information)
In most cases, Visitors who voluntarily provide information will receive a personalized message from one of our sales representatives with more information about the communication, document, or event, or our Services, via phone or email. If the Visitor has opted in to receive email communications from Selligent during contact with our Websites or sales representative, the Visitor will receive regular communications from Selligent until opting out using one of the clearly specified methods in the email communication.
Customer Data will be used and protected as set forth in Section III (Customer Data).
VI. Where and How We Store, Process and Protect Personal Information
Personal information collected is stored and processed on computers in the United States and Europe, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations.
We maintain administrative, technical and physical safeguards designed to protect the Personal Information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
When processed as part of a hosted service, the information may be processed and stored on the servers of third party providers hired to provide the hosting, and our agreements with such parties require that they not use, disclose, or share such information.
Despite Selligent's best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your Personal Information is limited to those who have a need to know. Those individuals who have access to the Personal Information are required to maintain the confidentiality of such information. We also make reasonable efforts to retain Personal Information only for so long as the information is necessary to comply with an individual's request or until that person asks that the information be deleted.
Customer Data will be protected as set forth in Section III (Customer Data).
VII. How We Share Personal Information with Third Parties
- Members of the Selligent corporate family to provide joint content and services (like registration, transactions and customer support and relationship management), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have consented.
- Service providers under contract who help with parts of our business operations; (fraud prevention, bill collection, marketing, technology services, hosting services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
- Credit bureaus to report outstanding negative balance accounts, as allowed by law.
- In an insolvency or reorganization proceeding Personal Information may be considered an asset of ours and as such may be sold or transferred to third parties.
VIII. INTERNATIONAL TRANSFERS AND PRIVACY SHIELD FRAMEWORK
Selligent may transfer certain personal information or Customer Data across geographical borders to its affiliates, service providers or outside companies working with us or on our behalf. Selligent may also store personal information or Customer Data in a jurisdiction other than where a Customer is based and such jurisdiction may not provide the same level of protection for such personal information or Customer Data as Customer’s home country. By providing personal information and Customer Data to us, Visitors and Customers are consenting to this transfer and/or storage of such Personal Information and Customer Data across borders.
Selligent does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register an account on our Websites or become Customers. In the event that we learn that we have collected Personal Information from a child under age 13 without appropriate permission from their parent/legal guardian, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at provided below.
Please see Section III (Customer Data) regarding Personal Information pertaining to a child under the age of 13 that has been submitted to us by a Customer.
X. PRIVACY STATEMENT TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, e-mail and mailing address including billing ZIP code and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us as provided below in Section XIV (Your Comments and Questions). We will respond to such requests for information access within 30 days following receipt at the e-mail or mailing address stated below. Please note that we are only required to respond to an individual once per calendar year.
Additionally, California law requires that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. We do not currently alter our practices when a Do Not Track signal is received. To learn about Do Not Track and for information about how to opt out of receiving targeted advertising, please click www.aboutads.info/choices.
XI. PRIVACY AND CHANGE OF CONTROL
In the event Selligent or its parent company or other affiliate goes through a business transition, such as a merger, reorganization, financing, change of control, or acquisition or sale of all or a portion of our business, we may transfer Personal Information and Customer Data as part of the transaction.
XII. YOUR CHOICES, INCLUDING OPT-OUT OPTIONS
In addition to the right to access and correct your Personal Information, you may also have the right to have your information blocked or deleted in accordance with applicable law.
Please see Section III (Customer Data) regarding accessing, correcting, blocking and/or deleting Personal Information pertaining to you as an individual that has been submitted to us by a Customer.
XIII. CHANGES TO THIS PRIVACY STATEMENT
Please see Section III (Customer Data) about changes to policy statements regarding Personal Information pertaining to you as an individual that has been submitted to us by a Customer.
XIV. YOUR COMMENTS AND QUESTIONS
If you are located within the United States or outside the EEA:
1300 Island Drive, Suite 200
Redwood City, CA 94065
If you are located within the EEA:
Avenue de Finlande 2
1420 Braine-l’Alleud – Belgium
If you have an unresolved privacy or data use concern that we have not addressed to your reasonable satisfaction, please contact our U.S.-based third party dispute resolution provider (free of charge), JAMS Mediation and Arbitrators at https://www.jamsadr.com.
Please see Section III (Customer Data) regarding questions or complaints about Personal Information pertaining to you as an individual that has been submitted to us by a Customer.