Personal Data does not include information that has been anonymized or aggregated, such that it could not identify a specific natural person.
Selligent endeavors to process Personal Data in compliance with the European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or “GDPR”).
I. PRIVACY STATEMENT SCOPE
Generally, our intent is to collect only the Personal Data that is provided voluntarily by Visitors so that we can offer information and/or services to those individuals or offer information about employment opportunities.
Please see Section III (Client Data) regarding questions or complaints about Personal Data pertaining to you as an individual that has been submitted to us by a Client.
Some of our 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.
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 Data to those third parties.
II. TYPES OF PERSONAL DATA
We may collect and process Personal Data, including the following:
(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) commercial 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 and demographics;
(c) transaction information about how you interact with Selligent including purchases, inquiries, Client account information;
III. CLIENT DATA
3.1 Client Agreement. Our Clients engage Selligent to perform Services for them under a services agreement. All Personal Data that we process in order to provide Services to our Clients is collectively, “Client Data”.
3.3 Selligent as Processor. Selligent is committed to protecting the privacy and security of all Client Data. This Section III (Client Data) explains our practices with regard to all of the Client Data we process for our Clients, including any reports, analyses or other materials we generate for our Clients which rely on or reference to such Client Data, including:
(a) SaaS product(s). Client will provide, through Client’s use of an On Demand/Cloud service, Client Data collected by Client (not by Selligent) respecting the individual(s) or entity(ies) Client wish to contact using the Service(s) being provided to Client. In addition, if ordered by Client, the Services may collect Client Data for Client concerning the behavioral use by an individual or entity in Client’s campaign(s), which may associate certain preferences with an email address or other Personal Data, and adjust a Client’s campaign in its contact with such individual(s).
(b) Hosted social/viral product(s). As part of its Services, Selligent hosts technology that enables Clients 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 reside 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 Client, 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.
(c) Reports. In addition, Selligent will report to its Clients aggregated anonymous data pertaining to Clients, Client Data or the companies and individuals who are customers or clients of a Client that participated in a campaign, including without limitation generically the number of contacts in a participant’s email address book (but not any content, which Selligent will not collect nor store unless the user requests that the Selligent product or service collect and enter such information for such user to share a message).
3.4 Sharing of Client Data. Selligent will not review, share, distribute, or reference any Client Data except as provided in the services agreement with Client and as provided in this Section III:
(a) Selligent will disclose Client Data of a particular Client to such Client and to other entities or individuals when instructed by the Client.
(b) We may disclose Client Data to our affiliates and service providers as needed to provide the Services that our Client has requested. These entities are all contractually bound to limit use of Client Data as needed to perform the Services.
(c) We will also always disclose Client 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, European Union (EU) and EU countries, and other countries where Selligent operates.
3.5 Protection of Client Data. We maintain adequate technical and organizational measures designed to protect the Client Data provided by a Client against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use in accordance with our agreement with such Client.
3.6 Access to Client Data. Selligent acknowledges that individuals have the right to access receive a copy of, and/or other rights as provided for by applicable legislation, regulations or decrees with respect to their Personal Data. If Personal Data pertaining to you as an individual is Client Data, and you wish to exercise any rights you may have with respect to such Personal Data, including right to access, correct, amend, or delete such data, please inquire with our Client directly. Because Selligent personnel have limited ability to access the Client Data submitted by our Clients as part of our Services, if you wish to make your request directly to Selligent, please provide the name of Client who submitted your data to our Services. We will refer your request to that Client, and will support them as needed in responding to your request within a reasonable timeframe.
3.7 International Transfer of Client Data.
(a) Location of Client Data. With limited exceptions, our Client Data is maintained in the region (NA or EEA) where the Client is located. However, some Client Data from Clients may be processed in a region other than where Client is located.
(b) Transfer. We may transfer personal Client Data pertaining to individuals outside the United States or the EU to our affiliates and service providers in the United States and elsewhere in the world. These transfers are happening under the appropriate legal mechanisms in compliance with the relevant data protection rules on transfers (Privacy shield, Standard Contractual Clauses, etc.).
(d) Selligent will always protect the privacy and security of Client Data in our possession or control, regardless of where it is processed. Client Data from the European Economic Area (“EEA”) or Switzerland, and other countries with data transfer restrictions are authorized to be processed under the Frameworks (See Section VIII International Transfers and Privacy Shield Frameworks), through written agreement, or by other appropriate legal means, including the EU model clauses.
In addition, it is the responsibility of each Client not to provide any information regarding, respecting or relating to any individual under the age of thirteen (13) or any other applicable age restriction as provided under any applicable (state) law.
IV. INFORMATION WE COLLECT
4.1 Voluntarily Provided. Other than Client Data which was obtained and processed by Selligent as provided in Section III (Client Data), we obtain Personal Data about you as a Visitor, a prospective business contact or Client 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 Client or if you create a profile for a Client account. In some cases, you may have previously provided your Personal Data to Selligent (if, for example, you are a former Client). In addition, some pages on our Website may ask the Visitor to provide information, including Personal Data 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.
Your Personal Data is not used for other purposes, unless we obtain your permission, or unless otherwise required or permitted by applicable law. For example, if you send us an email message requesting information about Selligent, we will use your email address and other information you supply to respond to your request. If you send us a resume to apply online for a position with Selligent, we will use the information that you provide to match you with available Selligent job opportunities. Where we ask for use your Personal Data for additional purposes, we will ask your permission for this at the point of collection.
Selligent generally collects only the Personal Data necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection and where applicable, unless this Personal Data is required for the performance of a contract or the follow-up of precontractual requests, explicit consent will be requested.
Other than Client Data which may contain Special Category Personal Data which is processed by Selligent as provided in Section III (Client Data), Selligent only collects Special Category Personal Data 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.
Please use your discretion when providing Sensitive Personal Data to Selligent, and under any circumstances, do not provide Sensitive Personal Data to Selligent, unless you thereby explicitly 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 Personal Data 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 Data.
The collection of this information allows us to customize a Visitor’s or Client’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 Clients use our Services.
(a) IP Address/log information. When Visitors or Clients 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 Clients’ use of the Services (under legitimate interest, i.e. the freedom to do business)
(b) Cookies. When our Websites are accessed, “cookies” may be placed by or for us on the visiting computer. When a Client 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 Client 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 Client account. We encode our cookies so that 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 Client’s computer or mobile device. Selligent will obtain the explicit consent of the Visitor or Client prior to collection of such information if legally or contractually required to do so. With respect to the collection of precise information about the location of a Visitor or Client’ mobile device, once the Visitor or Client 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 Clients with information regarding Services which we believe may be of interest to Visitors or Clients 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., small image files 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 Clients, 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. Please be aware that certain of the Personal Data 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 Data 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 Client Through an Agreement.
When you are a Client, 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 (Client Data), as part of providing the Services, we also may collect Client Data about your customers, and their clients and/or end users (including information they share about others). Client Data will be collected, used, shared and protected as set forth below and in Section III (Client Data).
Before permitting a Client to use a product or service, we may require such Client to provide information we can use to verify the Client’s and user’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, ID card or passport information or physical location of server(s).
We may also obtain information about a Client from third parties such as credit bureaus and identity verification services. When a Client is using a Service, we may collect information about a Client’s computer or other access devices for fraud prevention purposes. Clients 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.
We receive information, including Personal Data when you apply for a job in the “employment” section of the Website, or through another channel. Any such information gathered in relationship thereto 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 our Client’s users as a result of participation in online learning programs through use of Selligent’s Learning Management System (“LMS”), including email address and other contact information and scoring.
The information from the LMS system is stored in the United States, with consent of the Client’s users.
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, contributors 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 contributors 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 compliance with a legal obligation or to the extend 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.
For example, we may collect information when you respond to a survey, set your preferences, contact us through customer services or by other means, enter a contest or sweepstakes or participate in another promotional or information gathering activity. Any information collected through these methods shall be used as provided in any announcement related to such item(s) and if none, then in accordance with Section IV 4.1 (Voluntarily Provided) and provided there is an appropriate legal ground for such collection (e.g.: consent, execution of a contract, legitimate interest, i.e. the freedom to do business,…).
V. How We Use Personal Data
Use in General. We use the information (including Personal Data) we collect from or about Visitors and Clients (including without limitation, through technologies such as those described in Section IV 4.3 (Automatic Collection of Personal Data) primarily to provide better customer service to Clients, to improve and customize the content Visitors and Clients see, to help recognize Visitors and Clients when you use other devices, to provide the Services requested by Clients, and to contact Visitors and Clients about special promotions and new Services and for purposes including the following:
- provide Services and client support upon Clients request or order;
- administering orders and accounts relating to our suppliers or Clients;
- process transactions and send notices about Client agreements, the Services or a Client’s transactions;
- resolve disputes, collect fees, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our agreements with Clients and our Acceptable Use Policy(ies) and those of contracted third parties of which Clients and Visitors have been made aware;
- 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 Clients and Visitors targeted marketing, product and/or service update notices, and promotional offers based on the communication preferences of Visitors and Clients;
- Compare information for accuracy and verify it with third parties;
- Administering membership records;
- Enable Visitors and Clients to post on our blogs and interact with Selligent through social media;
- Send information to a Client’s contacts if we are asked to do so by a Client; and
- Perform data analyses (including market and consumer search, trend analysis, financial analysis and anonymization and aggregation of Personal Data).
The legal ground of this processing is either the necessity for the performance of the contract, for pre-contractual discussion or the legitimate interest derived from the freedom to do business.
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.
Client Data will be used and protected as set forth in Section III (Client Data).
VI. Where and How We Store, Process and Protect Personal Data
Personal Data collected is stored and processed on computers in the United States, Europe and other countries and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal, state and EU or local laws and regulations.
We maintain adequate administrative, technical and physical safeguards designed to protect the Personal Data 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 except in line with Section VII below.
Despite Selligent's best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your Personal Data is limited to those who have a need to know. Those individuals who have access to the Personal Data are required to maintain the confidentiality of such information. We also make reasonable efforts to retain Personal Data 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, or as necessary for the performance of the Services to our Clients.
Client Data will be protected as set forth in Section III (Client Data).
VII. How We Share Personal Data 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 Data may be considered an asset of ours and as such may be sold or transferred to third parties.
VIII. INTERNATIONAL TRANSFERS AND PRIVACY SHIELD FRAMEWORKS
Selligent may transfer certain Personal Data or Client Data across geographical borders to its affiliates, service providers or outside companies working with us or on our behalf. Selligent may also store Personal Data or Client Data in a jurisdiction other than where a Client is based and such jurisdiction may not provide the same level of protection for such Personal Data or Client Data as Client’s home country. In such case, Selligent foresees appropriate safeguards and transfer agreements.
By providing Personal Data and Client Data to us, Visitors and Clients are consenting to this transfer and/or storage of such Personal Data and Client Data across borders.
Selligent does not knowingly collect or solicit any information from anyone under a specific age when such collection is prohibited under the law governing the processing of information under such specific age, or knowingly allow such persons to register an account on our Websites or become Clients. In the event that we learn that we have collected Personal Data from a person under a specific age 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 of such information as referred to above, please contact us at provided below.
Please see Section III (Client Data) regarding Personal Data pertaining to a person under a specific age that has been submitted to us by a Client.
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 Data, 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 Data and Client Data as part of the transaction.
XII. YOUR RIGHTS, INCLUDING OPT-OUT OPTIONS
According to the GDPR, you have the rights:
- to access and rectify your data (to help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information);
- to opt-out at any time, free of charge, of our processing for marketing purposes (“right to opt out of direct marketing”);
- to be forgotten or to the erasure of your data, as well as to the restriction of processing of Personal Data (this may result in the inability to use the Services of Selligent or access certain of its websites);
- to retract your consent at any time to the process of your data;
- to portability of your data;
- to be informed, in case of automated decision-making process, of the logic underlying the system and the importance and consequences envisaged by the processing for the person concerned.
To exercise these rights, you must respect the conditions provided by the GDPR. Alternately, to make things easier you can contact us at the address that you will find below.
You have the right to lodge a complaint with the Supervisory Authority.
Please see Section III (Client Data) regarding accessing, correcting, blocking and/or deleting Personal Data pertaining to you as an individual that has been submitted to us by a Client.
The criteria to determine the retention periods of Personal Data are based upon the need to retain data to comply with a legal requirement (e.g. invoices, juridical claims, etc…) contract requirements or legitimate interest.
XIII. CHANGES TO THIS PRIVACY STATEMENT
XIV. YOUR COMMENTS AND QUESTIONS
If you are located within the United States or outside the EEA:
ATTN: Privacy Officer
Selligent, Inc. d/b/a Selligent Marketing Cloud
1300 Island Drive, Suite 200
Redwood City, CA 94065
If you are located within the EEA:
ATTN: Privacy Officer
Selligent SA (Selligent Marketing Cloud)
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.
Contact details of your EU data protection authority can be consulted using this link.
Please see Section III (Client Data) regarding questions or complaints about Personal Data pertaining to you as an individual that has been submitted to us by a Client.