SELLIGENT PRIVACY POLICY


We at Selligent, Inc. d/b/a Selligent Marketing Cloud, together with our subsidiaries and affiliates in the CM Group family of brands, including Selligent SA and its subsidiaries and affiliates, (“CM Group”, “Selligent” or “we” “us,” or “our”) are committed to protecting the privacy of individuals who visit our websites (“Websites”) that link to this Privacy Policy (“Visitors”) and of individuals (including representatives) from companies and entities who enter into agreements for the provision of Services and/or register to use the Services as defined below (the companies and their representatives are collectively, the “Clients”). We may disclose your information to affiliates within CM Group for customer support, marketing, technical operations, and account management purposes.”

This Privacy Policy (this “Privacy Policy”) describes Selligent’s privacy practices in relation to the use of our Websites, whether accessed from a computer or a mobile device, and the related applications and services offered by us (collectively, the “Services”), as well as individuals’ choices and rights regarding use, access and correction of Personal Data.

For purposes of this Privacy Policy, Personal Data means any information that relates to an identified or directly or indirectly identifiable natural person and/or (where applicable) a household.

Personal Data does not include information that has been anonymized or aggregated, such that it could not identify a specific natural person.

Please note that the Website addresses (i.e., URLs) or other hyperlinks included within this Privacy Policy may not function as hyperlinks when accessed via certain mobile devices or other access points. To view this Privacy Policy with clickable hyperlinks, please visit the websites on your computer.

Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Website Terms of Use.

I. Privacy Policy Scope

This Privacy Policy covers the information practices, including how Selligent collects, uses, shares and secures the Personal Data that Visitors or Clients may provide, on Websites that link to this Privacy Policy (individually and collectively referred to as our “Websites”).

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 the following information that may, alone or in connection with other information, constitute Personal Data:

(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;

(d) when our Clients collect Personal Data from you and submit it to us for processing, or request that we process that Personal Data on their behalf pursuant to our agreement with them, that information is considered “Client Data.” Client Data includes without limitation, names, preferences, and other information provided to Selligent by the Client, at Client’s collection point or by acquisition from a third party. Client Data is governed as described in Section III (Client Data) of this Privacy Policy.

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”.

With the exception of Section 3.8 below, in the event of a conflict between this Privacy Policy and the terms of any agreement(s) between a Client and Selligent, the terms of those agreement(s) will control.

3.2 Client Privacy Policy Governs Client Data. When our Clients collect Personal Data from individuals and submit it to our platform or if Clients request that as part of the Services, we collect information from individuals using technologies, such as the cookies, web beacons, location, social media usage analytics and other technologies described in Section 4.3 and/or request that we process that information on their behalf pursuant to our agreement with them, the privacy statement of the Client applies, and other than this Section III (Client Data), this Privacy Policy does not apply.

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) Web beacons. Some of Selligent Services use web beacons (i.e., small image files on a web page or in an email that can be used to collect certain information from an individual’s computer such as the time the content was viewed) to optimize the relevancy of emailing campaigns or to gather aggregate visitor statistics and manage cookies. It is each Client’s responsibility to use the Selligent Services in compliance with its own privacy and cookie policies.

(d) 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).

Selligent will not sell, market, or distribute any Personal Data in any way to any third party(ies), except as specifically stated in this Privacy Policy or in a specific agreement in accordance with applicable law(s). Any user may decline to provide Personal Data by choosing not to participate in a program offered by a Selligent Client, or their users. Alternatively, anyone may elect to opt out of receiving any further message in a campaign or respecting other future communications from a Selligent Client and/or user by replying to the message with an unsubscribe request according to the instructions provided with the campaign message.

By submitting a telephone number to Selligent you agree that a representative of Selligent can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products and/or services.

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 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 may disclose Client Data to our affiliates for customer support, marketing, technical operations, and account management purposes.

(d) We may also 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, including the European Commission’s Standard Contractual Clauses.

(c) Global Support. In the performance of an agreement with a Client, Selligent provides global support to such Client on a 24/7 basis. Selligent may access Client Data that resides on a server or cloud from any location where its customer support representatives are located. Support via ticketing will be automated and sent to the call center that is active, and calls to the call center will also be directed accordingly on a 24-hour basis. U.S. support center will have access to European Client Data, and our Europe support center will have access to US Client Data. Selligent will access and use such Client Data only to perform the support obligations to its Client and in accordance with this Privacy Policy and with any Data Processing Agreement (“DPA”) in place between Selligent and its Clients.

(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 appropriate data transfer mechanisms (See Section IX International Transfers), including the European Commission’s Standard Contractual Clauses.

3.8 Client’s Responsibilities. Notwithstanding anything to the contrary in any service agreement with Client or otherwise, it is the Client’s sole responsibility to provide and abide by its own online information practices, including its privacy policy, including presenting verbatim or a summary of the practices set forth in this section by way of privacy policy, and to use and share with Selligent only information it has authority to use in the manner used (by either permission or applicable law). Selligent is not responsible to initiate the collection of information except as expressly agreed with a Client and Selligent is not responsible for verifying the integrity, lawfulness and reliability of the Client Data. With regard to any Special Category Personal Data (“Special Category Personal Data” includes Personal Data regarding a person’s race, ethnicity, political beliefs, trade union membership, religious or similar beliefs, physical or mental health, genetic or biometric data, sexual life, sexual orientation or criminal record), and to the extent permitted by any DPA or other contractual agreement in place between Selligent and Client, it is the Client’s responsibility to abide by all applicable laws, rules and regulations when collecting and processing such data, including with regard to the submission to Selligent for processing, and the processing performed by the Client on Selligent’s platform.

As part of the Services, contact details may be used to send notifications and follow-up messages regarding a promotion being run by a Client, and it is Client’s responsibility to use such hosted information only as authorized by its own privacy policy, online information practices, applicable law(s) and/or express permission.

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.

If you have questions for us about this Section III (Client Data), please contact us at the address below in Section XV (Your Comments and Questions).

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.

By submitting Personal Data to Selligent, you understand and acknowledge that Selligent uses this Personal Data in accordance with this Privacy Policy.

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 XV (Your Comments and Questions).

4.2 Automatic Collection of Personal Data.

In some instances, Selligent and its service providers use cookies, web beacons and other technologies to automatically collect certain types of information when our Websites are accessed, or when Client uses the Services, or through emails that Selligent may exchange with a Visitor or Client.

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.

(c) Do Not Track. Our Services may not recognize browser-based Do Not Track signals. However, as discussed above under “Cookies,” you may be able to modify your browser settings to block all cookies, or to block “third-party” cookies. Cookies that we set on our Services are considered “first-party” cookies. Details on your ability to restrict or change the Personal Data that we may collect about you are listed below Section XIII (Your Rights, Including Opt-Out Options) of this Privacy Policy.

(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.

To provide Visitors with more choice on how their data is collected by Google Analytics, Google has developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to the Services or to other web analytics services.

(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.

4.4 Employees and Job Applicants

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.

4.6 Additional.

Finally, we may collect Personal Data from or about you in other ways not specifically described in this Privacy Policy.

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. The Sources of Personal Data

We collect Personal Data from the following categories of sources:

VI. The Sources of 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:

Client Data will be used and protected as set forth in Section III (Client Data).

We will not use information we collected for materially different, unrelated, or incompatible purposes without providing you with notice and/or updating this Privacy Policy.

VII. 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. Therefore, we cannot guarantee the security of data sent to us electronically, and transmission of such data is therefore entirely at your own risk.

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).

VIII. How we share personal data with third parties

Selligent will not sell or rent any of your Personal Data to third parties in the normal course of doing business and only shares your Personal Data with third parties and service providers as described in this Privacy Policy. We may disclose the following categories of Personal Data with the following categories of third parties for business purposes:

Category of Personal DataCategory of Third Party
Identifiers
Internet activity information
Professional information
CM Group affiliates 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.
Identifiers
Professional information
Internet activity information
Commercial activity, including Service use information.
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 Personal Data in connection with the services they perform for us for specified business purposes and not for their own benefit.
We also may share the Personal Data we obtain with our distributors and resellers. These entities, which collectively are referred to here as the “Selligent Business Partners”, are contractually obligated to use Personal Data only for the purposes described in this Privacy Policy.
Credit bureaus to report outstanding negative balance accounts, as allowed by law.
Identifiers
Professional information
Internet activity information
Parties to a corporate transaction or proceeding: In the event of a corporate sale, merger, reorganization, bankruptcy, dissolution or similar event, Personal Data may be part of the transferred assets;
Clients.
Identifiers
Professional information
Public authorities and legal proceedings: Selligent may disclose Personal Data about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern the Websites, service agreements with Clients, our Acceptable Use statements, or this Privacy Policy ; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

IX. International Transfers

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. You may obtain a copy of these agreements by contacting us as provided below in Section XV (Your Comments and Questions).

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 Inc. d/b/a Selligent Marketing Cloud participates in, and has certified compliance with, the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks (the “Frameworks”). As part of its self-certification to the Frameworks, Selligent has adopted a Privacy Shield Statement in regards to human resource (“HR”) and Non-HR EU personal data, which Privacy Policy with dispute resolution is incorporated into this Privacy Policy via the following link: www.selligent.com/privacy-shield. As of July 16, 2020, we no longer rely on the EU-U.S. Privacy Shield to transfer personal data to the U.S.

X. Children

Selligent does not knowingly collect or solicit any Personal Data from anyone under a specific age when such collection is prohibited under the law governing the processing of Personal Data under such specific age, or knowingly allow such persons to register an account on our Websites or become Clients.

We are not liable for any damages that may result from a user’s misrepresentation of age. No one under a specific age is authorized to submit or post any information, including Personal Data. Parents or legal guardians of children under a specific age cannot agree to these terms on their behalf.

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 atas 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.

XI. For California Residents

Under California’s Shine the Light law, Cal. Civ. Code § 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 XV (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.

Lastly, if you are a resident of California, except in certain circumstances, you have the following rights under the California Consumer Privacy Act of 2018 (“CCPA”):

a) to know what categories of Personal Data about you we have collected and used, including the sources of the Personal Data;

b) to know what categories of Personal Data is being sold or disclosed and if it is being sold or disclosed to third parties and a list of categories of information that are sold, or, to know that your Personal Data has not been sold;

c) if applicable, to opt out of the sale of your Personal Data

d) to access your Personal Data, including the right to download or transfer Personal Data collected during the previous 12 months;

e) to request that your Personal Data be deleted; and

f) not to be discriminated against even if you exercise your rights under the CCPA.

We are not required to respond to requests relating to Personal Data more than twice in a 12-month period.

We will acknowledge the receipt of requests to know or requests to delete Personal Data free of charge, within ten (10) business days. In order to protect your privacy and the security of Personal Data, we may verify your request by asking you to provide additional Personal Data for us to verify your identity. We will only use Personal Data provided in connection with a verifiable consumer request for the purpose of verifying the requestor’s identity or authority to make the request and for no other purpose. We will respond to your request within 45 calendar days of receipt, provided that we have been able to successfully verify your identity.

While California residents have the right to opt-out of the sale of their personal information under CCPA, in the last 12 months, we have not sold Personal Data collected in and through the Websites or Personal Data relating to our Clients. Consequently, we do not have an opt-out functionality on the Websites. If our practices change, we will update this Privacy Policy and take any other necessary action to comply with applicable law.

If you are a California resident and you want to exercise any of your rights as set forth above, please contact us at privacy-dataprotection[at]selligent.com. For all requests, it is helpful to put the statement “California Privacy Rights” on the subject line of your request, describe the nature of your request, and provide your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response.

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.

XII. 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.

XIII. Your Rights, Including Opt-Out Options

According to the GDPR, you have the rights:

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.

XIV. Changes to This Privacy Statement

Selligent may amend this Privacy Policy at any time to reflect our current privacy practices by posting revised version(s) on our Websites. The revised Privacy Policy will be effective at the time of posting. If any such revised Privacy Policy includes a material change to the use or sharing of your Personal Data, including without limitation one that may or will affect any personally identifiable information that we have already collected, we will make reasonable efforts to notify you of the changes and to give you the opportunity to opt out.

XIV. Your Comments, Questions and Complaints

If you have comments, questions or complaints regarding this Privacy Policy or our associated practices, please contact Selligent by contacting us at the following:

If you are located within the United States or outside the EEA:

ATTN: Privacy Officer
Selligent, Inc. d/b/a Selligent Marketing Cloud
11 Lea Avenue
Nashville, TN 37210 – USA
[email protected]

If you are located within the EEA:

ATTN: Privacy Officer
Selligent SA (Selligent Marketing Cloud)
Avenue de Finlande 2
1420 Braine-l’Alleud – Belgium
[email protected]

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.

(http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080)

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.

LAST UPDATE: DECEMBER 3, 2021