Last updated: May 10th, 2018

Persado, Inc.

We at Persado, Inc. (“Persado,” “we,” “us,” or “our”) created this Privacy Policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy explains the conditions under which and the purposes for which we collect and use your Personal Data in connection with your use of our website located at https://www.persado.com (“Site”) and any client portal or any other services we offer, including but not limited to Persado Predict, Persado Pro and Persado Connect (the “Services”), the third parties to whom we disclose your Personal Information, and the choices and means, if any, we offer you for limiting the use and disclosure of your Personal Information. We will not use or share your Personal Information except as described in this Privacy Policy.

Table of Contents

  1. Information We Collect.
  2. Important Information for Non-US Residents.
  3. How We Use Your Information.
  4. How We Disclose Your Information/Onward Transfers.
  5. Collection and Use of Personal Data by Third Parties.
  6. Security.
  7. Your Rights.
  8. Retention.
  9. Children.
  10. Changes to Privacy Policy.
  11. Online Tracking.
  12. Third Party Links and Products.
  13. EU-U.S. Privacy Shield.
  14. Enforcement.
  15. How to Contact Us.

1. INFORMATION WE COLLECT

We may collect Personal Data about you when you use our Site or our Services. "Personal Data" consists of any information that relates to you and/or information from which you can be identified, directly or indirectly. For example, information which identifies you may consist of your name, address, telephone number, photographs, location data, an online identifier (e.g. cookies identifiers and your IP address) or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

We may collect different types of Personal Data: “Technical Information” and “Personal Information.” Personal Information is information such as your name, email address and telephone number. Technical Information is usage data and other technical information about how you use our Site and our Services.

A. COLLECTION OF PERSONAL INFORMATION.

We collect Personal Information from you if you voluntarily provide it to us. When you sign up or create an account to use our Services you will be asked to provide us with certain Personal Information, such as your name, telephone number, company name (if applicable), and email address. If you choose to pay us via credit card, our third party contractor will collect and process your credit card information subject to its policies and practices. Please see Section 5(A) for more information about our third party credit card processor’s policies and practices.

If you choose to contact us via our Site, you will provide us with your name, email address and any other Personal Information you choose to include in your message to us.

B. COLLECTION OF TECHNICAL INFORMATION.

Like most web sites or apps, we use automatic data collection technology when you use the Site and our Services to record information that identifies your computer, to track your use of our Site and our Services, and to collect certain basic information about you and your usage habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of the Site you visit, and similar information concerning your use of the the Site or our Services. We collect this Technical Information by using cookies and pixel tags (also called web beacons or clear gifs).

  • Cookies. Cookies are small packets of data that a web site or app stores on your device so that your device will “remember” information about your visit. We may use cookies to track the pages that you visit during each Site session or use of our Services, both to help us improve your experience and to help us understand how this Site or our Services are being used. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR DEVICE, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING THIS SITE OR OUR SERVICES, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THIS SITE OR OUR SERVICES MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
  • Clear Gifs. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web site and app users. It is usually invisible to you but allows site and app operators to check whether you have viewed a particular web page or email communication. We may place clear gifs on pages of the Site, our Services and in emails we send to you. You may not decline clear gifs. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
  • Third Parties’ Use of Clear Gifs and Cookies. This Site and our Services may include third-party advertising, links to other sites, and other content from third party businesses. The content posted by these parties will be reasonably identifiable as coming from a third party. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use clear gifs and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective sites to the Site or to our Services, but this third party technology does not permit them to access your Personal Information. We do not have access to or control over clear gifs or cookies that these third parties may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Privacy Policy but are covered by their respective privacy policies as is described in more detail in Section 12 below. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads. Some third party advertising companies may provide a mechanism to opt-out of their technology. For more information about these partners and links to their privacy policies, please view each third party’s site.
  • Log Files. We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you.
  • Cookies or Similar Tracking Technologies. Technologies are used by us and our marketing partners, affiliates, analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

2. IMPORTANT INFORMATION FOR NON-U.S. RESIDENTS.

If you are located outside of the United States, please be aware that any information you provide to us may be transferred to and stored in the United States. By providing us with any information, you consent to this transfer.

3. HOW WE USE YOUR INFORMATION.

A. PERSONAL INFORMATION

We may use your Personal Information for the following purposes: (i) to respond to your requests and to provide you with the Site and our Services; (ii) to respond to your inquiries, provide customer support services, and contact you about changes to the Site or our Services;(iii) for billing and collection purposes; (iv) to improve the Site and our Services; (v) for any other purposes disclosed at the time the information is collected or to which you consent; (vi) to comply with our legal and regulatory obligations; (vii) for business monitoring and internal record keeping including maintain our accounts, complying with good practice and for other administrative, operational and security reasons; and (viii) as otherwise specifically described in this Privacy Policy.

  • Personal Information for Marketing Purposes. The law allows us to use your Personal Information for these purposes on the basis that the processing is necessary for the performance of a contract with you, or we are acting in our "legitimate interests" in the promotion and efficient running of our business. We may use your Personal Information to provide you with email notifications and other communications by email communications and telephone, on the basis that such use is necessary for the purposes of the legitimate interests pursued by us. For further information on this, see Section 4 below.

We may also use cookies and other information to enable us to customize your user experience.

B. DATA INTEGRITY

We will use Personal Data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you as set forth in this Privacy Policy. We will take reasonable steps to ensure that Personal Data is relevant to its intended use, accurate, complete, and current.

C. TECHNICAL INFORMATION.

We analyze Technical Information gathered from users of the Site and our Services to help us better understand how this Site and our Services are being used. By identifying patterns and trends in usage, we are able to better design this Site and our Services to improve your experiences, both in terms of content and ease of use. We link information gathered using Technical Information to Personal Information. Automatic data collection may be performed on our behalf by our services providers.

4. HOW WE DISCLOSE YOUR INFORMATION/ONWARD TRANSFER.

A. PERSONAL DATA.

As described in Section 1 (“Information We Collect”), users may, at their option, disclose their own Personal Data by any means they choose. We will disclose Personal Data in the following circumstances:

  • Surveys. From time to time, we may ask you to participate in surveys for our general business and marketing purposes. Any Personal Data provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.
  • Contests, Giveaways and other Promotions. From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personal Data at the time you sign up for the promotion. You will not be required to participate in any promotion.
  • Employees, Third-Party Processors and Third-Party Service Providers. We will disclose Personal Data to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process Personal Data on our behalf, participate with us in the provision or operation of the Site or the Services such as analytics providers, or hosting provider, or provide you with services, as described in Section 5 below. Transfers of Consumers’ Personal Data to subsequent third parties are covered by the service agreements with our clients. In the event of the transfer of Personal Data to a non-EU country, Persado uses standard contractual clauses to protect Personal Information.
  • By Law, to Protect Rights and to Comply with Our Policies. We disclose Personal Data if: (1) required to do so by law, or in response to a subpoena, court order, bankruptcy proceedings, or similar legal process; (2) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; (3) we believe that you have abused the Site or our Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; or (4) to any other third party with your prior consent.
  • Business Transfers; Bankruptcy. We reserve the right to transfer all Personal Data in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personal Data submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.
  • Marketing Communications. With your consent, we may email you about products and services that we believe may be of interest to you. You can opt-out any time by either following the instructions contained in the email message to unsubscribe, or you can send us a message at info@persado.com, and request that you be unsubscribed. Unless you tell us otherwise, you will be unsubscribed from the email address used to send the message.
    If you want to have your account deleted in its entirety, you may send a message to info@persado.com, requesting that your account be deleted. We will delete your account and any information that personally identifies you. Please note that Persado will not delete your information if it reasonably believes it has a legal obligation to retain it, as outlined in Section 8.
  • Testimonials. We display personal testimonials and other endorsements of satisfied customers on our Site. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at the contact information provided in Section 15 below.
  • Social Media Widgets. Our Site includes social media features, such as the Facebook Like button and social media widgets. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy or notice of the company providing it.

B. TECHNICAL INFORMATION.

From time to time, we may also release the Technical Information gathered from the Site and our Services users in the anonymized aggregate, such as by publishing a report on trends in the usage of the Site and our Services.

5. COLLECTION AND USE OF PERSONAL DATA BY THIRD PARTIES

A. THIRD PARTY COLLECTION OF YOUR CREDIT CARD INFORMATION.

If you choose to purchase our Services, our third party credit card processor (currently Merchant e-Solutions) will process your credit card. All such transactions will be governed by the Merchant e-Solutions privacy notice at https://www.merchante-solutions.com/pages/oma/nmes/nmes.html. We do not receive or store credit card information on our servers. We receive a transaction “token” and a one-time use ID number so we can validate that the transaction has been successfully completed.

B. THIRD PARTY COLLECTION OF INFORMATION FOR ANALYTICS PURPOSES.

We may use third party companies (including Google) to provide us with analytics information. These companies may collect Personal Data from you via our Site. You can find out more information about what information Google collects and how they use and disclose that information here: http://www.google.com/policies/privacy/.

6. SECURITY.

We maintain appropriate administrative, technical and physical safeguards to protect and secure your information and information processed from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, both during transmission and once it is received. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, email sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via email. As described below in Section 13, any transfers of Personal Data outside of the EU will be on the basis of our Privacy Shield membership, or using the standard contractual clauses.

7. YOUR RIGHTS.

We will collect, store and process your Personal Data in accordance with your rights under any applicable data protection laws. Under certain circumstances, you have the following rights in relation to your Personal Information:

  • the right to access to or request details of your Personal Information, and copies of such Personal Information. We have no direct relationship with Consumers whose Personal Data we process. A Consumer who seeks access, or who seeks to correct, amend, or delete inaccurate Personal Data should direct his query to our client, the data controller. If requested to remove data by the data controller, we will respond within a reasonable timeframe.
  • the right to withdraw consent. Where you have consented to our processing of your Personal Information, you have the right to withdraw such consent at any time. In the event you wish to withdraw your consent to processing, please contact us using the details provided in Section 15.
  • Data Portability – you may, in certain circumstances, request us to port (i.e. transmit) your Personal Data directly to another organisation.
  • Rectification – we want to ensure the Personal Data we hold is accurate and up to date. If you think that any information about you is incorrect or incomplete, please let us know. To the extent required by applicable laws, we will rectify or update any incorrect or inaccurate Personal Data about you.
  • Erasure – you have the right to have your Personal Data 'erased' in certain specified situations (the 'right to be forgotten').
  • Restriction of processing – you have the right to object to specific types of processing of your Personal Data, such as, where we are processing your Personal Data for the purposes of direct marketing.
  • Prevent automated decision-taking – in certain circumstances, you have the right not to be subject to decisions being taken solely on the basis of automated processing.

If you wish to enforce any of your rights under applicable data protection laws, then please contact our Chief Privacy Officer at the address provided in Section 15. We will respond to your request without undue delay and by no later than one month from receipt of such request, unless a longer period is permitted by applicable data protection laws, and we may charge a reasonable fee for dealing with your request (if permitted to do so by applicable data protection laws) which we will notify to you.

COMPLAINTS

If you are concerned that we have not complied with your legal rights under applicable data protection laws, you may contact your local data protection supervisory authority. If you are based in the UK, you may contact the Information Commissioner's Office (www.ico.gov.uk) which is the data protection regulator in the UK.

8. RETENTION.

We will retain Personal Data and Consumer Personal Data for as long necessary to provide services, comply with our legal obligations, resolve disputes, and enforce our agreements, and for the other purposes outlined in this Privacy Policy, unless a longer retention period is required by law. When your Personal Data is no longer required for the purpose it was collected or as required by applicable law, it will be deleted and/or returned to you in accordance with applicable law.

9. CHILDREN.

The Site and our Services are not intended for children under 13 years of age. We do not knowingly collect Personal Data from children under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data through the internet without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Data or any other information or content to us, please email us at info@persado.com, and we will endeavor to delete it from our databases.

10. CHANGES TO THIS PRIVACY POLICY.

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to change this Privacy Policy from time to time. We will alert you by email if this Privacy Policy is revised (if you have given us your email address), and we will post a copy of the new policy with its effective date on this Site. It is therefore important that you notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this Privacy Policy to ensure that you are informed of any changes.

11. ONLINE TRACKING.

We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our Site or use our Services.

12. THIRD PARTY LINKS AND PRODUCTS.

The Site and our Services may contain links to third party sites. We do not control or endorse such third party sites, and we are not responsible for the privacy practices of such sites.

Third parties are under no obligation to comply with this Privacy Policy with respect to Personal Data that you provide directly to those third parties or that those third parties collect for themselves. This Privacy Policy does not apply to information provided to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site, whether by means of a link on our Site or otherwise, and before providing any Personal Data to any third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that site, and should take those steps necessary to your discretion, to protect your privacy.

13. EU-U.S. PRIVACY SHIELD.

Persado participates in and is self-certified in compliance with the EU-U.S. Privacy Shield Framework. We are committed to subjecting all Personal Data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the applicable Privacy Shield Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list

Persado is responsible for the processing of Personal Data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Data from the EU, including the onward transfer liability provisions.

With respect to Personal Data collected from the EU through our Site, Persado offers you the option as required under the applicable Privacy Shield principle to choose (opt-out) whether this Personal Data is (i) disclosed to a third party controller or (ii) used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. To exercise this option, please contact Persado at info@persado.com.

With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, Persado is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you are unable to resolve the issue directly with us, you may file, free of charge, a complaint with our independent dispute resolution provider, JAMS located in the United States. For more information about JAMS dispute resolution process or to file a complaint, please visit: https://www.jamsadr.com/eu-us-privacy-shield.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint

14. ENFORCEMENT.

If we become aware that the security of the Site or our Services has been compromised or your Personal Data has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, we reserve the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.

If we become aware that your Personal Data has been disclosed in a manner not permitted by this Privacy Policy, we will make reasonable efforts to notify you, as soon as reasonably possible and as permitted by law, of what Personal Data has been disclosed, to the extent that we know this information.

Individuals who wish to file a complaint or who take issue with our Privacy Shield Framework Principles should direct such communication to our Chief Privacy Officer via email or written communication at the address provided in Section 15 below. Our Chief Privacy Officer will explain the process to be followed when filing a complaint. Filing a complaint in English will expedite the process. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the principles contained in this Privacy Policy. You also have the right to lodge a complaint with a data protection supervisory authority as described in Section 7 above.

Persado participates in the Privacy Shield Framework as set forth by the United States Department of Commerce. As part of our participation in the Privacy Shield, we have agreed to use JAMS for dispute resolution of disputes relating to our compliance with the Privacy Shield Framework.

Please click here for contact information. JAMS’s Dispute Resolution process is only available in English. We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
consumerline@ftc.gov
www.ftc.gov

15. HOW TO CONTACT US.

If you have questions about this Privacy Policy, please contact us at:

Persado, Inc.
Attn: Chief Privacy Officer/
Privacy Shield Framework
11 East 26th Street
New York, NY 10010, U.S.A.
info@persado.com