EU-U.S. Privacy Shield.
Persado participates in and working on self-certifying in compliance with the EU-U.S. Privacy Shield Framework. We are committed to subjecting all Personal Information 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 Information 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 Information from the EU, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information 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
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 the United States. By providing us with any information, you consent to this transfer.
3. Information We Collect.
We collect both Non-Personal Information and Personal Information from you. “Non–Personal Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. “Personal Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.
A. Collection of Personal Information.
We collect Personal Information from you if you voluntarily provide it to us. When you sign up to use the ESP Integrations, 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 11(B) 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. We may also collect Personal Information in connection with our Other Services.
B. Collection of Non-Personal Information.
Like most web sites, we use automatic data collection technology when you use the ESP Integrations, the Site and our Other Services to record information that identifies your computer, to track your use of the ESP Integrations, our Site and our Other 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 ESP Integrations or the Site you visit, and similar information concerning your use of the ESP Integrations, the Site or our Other Services (the “Usage Information”). We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs).
- 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, the ESP Integrations, our Other 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.
- 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.
4. How We Use Your Information
A. Personal Information.
- Personal Information about Consumers We use Consumer Personal Information solely to provide you with the services for which you have engaged us. If you are a Consumer and would no longer like to be contacted by our client who uses our ESP Integrations, Site or service, please contact our client, the data controller, with whom you directly interact.
B. Data Integrity.
C. Non-Personal Information.
We analyze Non–Personal Information gathered from users of the Site, the ESP Integrations and our Other Services to help us better understand how this Site, the ESP Integrations and our Other Services are being used. By identifying patterns and trends in usage, we are able to better design this Site, the ESP Integrations and our Other Services to improve your experiences, both in terms of content and ease of use. We link information gathered using Non-Personal Information to Personal Information. Automatic data collection may be performed on our behalf by our services providers.
5. How We Disclose Your Information/Onward Transfer.
A. Personal Information
As described in Section 3 (“Information We Collect”), users may, at their option, disclose their own Personal Information by any means they choose. We will disclose Personal Information in the following circumstances:
- Employees, Third-Party Processors and Third-Party Service Providers. We will disclose Personal Information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process Personal Information on our behalf, participate with us in the provision or operation of the Site, the ESP Integrations or Other Services such as analytics providers, or hosting provider, or provide you with services. We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Privacy Shield Principles. Transfers of Consumers’ Personal Information to subsequent third parties are covered by the service agreements with our clients. In the event of the transfer of Personal Information to a non-EU country, Persado will guarantee the application of standard contractual clauses regarding data privacy processes.
- By Law, to Protect Rights and to Comply with Our Policies. We disclose Personal Information 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 service, ESP Integrations, Site or any Other 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.
- Marketing Communications. We will email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving marketing materials from us, please send us a message via email@example.com. You may also choose to unsubscribe from our emails by following the instructions at the bottom of each email for opting out.
- 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 13 below.
Users located in the EU may direct us not to disclose their Personal Information to third parties (other than our service providers). We do not use Personal Information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt out.
Notwithstanding the foregoing, we may disclose Personal Information without offering individuals the opportunity to opt out for the reasons described in more detail in Sections 5(A)(iv) (“By Law, to Protect Rights and to Comply with Our Policies”) and 5(A)(v) (“Business Transfers; Bankruptcy”) above.
C. Non-Personal Information
From time to time, we may also release the Non–Personal Information gathered from ESP Integrations, Site and Other Services users in the aggregate, such as by publishing a report on trends in the usage of the ESP Integrations, the Site and our Other Services.
We maintain generally accepted administrative, technical and physical safeguards to protect and secure your information and information processed within the ESP Integrations 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.
7. Accessing and Modifying Account Information.
We acknowledge that you have the right to access to your personal information. We have no direct relationship with Consumers whose Personal Information we process. A Consumer who seeks access, or who seeks to correct, amend, or delete inaccurate Personal Information 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.
Upon request, we will grant customers reasonable access to Personal Information that we hold about them for the purpose of correcting, amending, or deleting such Personal Information where it is inaccurate; provided, however, that we reserve the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to your privacy or in the case of a vexatious or fraudulent request. We will respond to requests for access to Personal Information within a reasonable timeframe.
We will retain Personal Information and Consumer Personal Information for as long necessary to provide services, comply with our legal obligations, resolve disputes, and enforce our agreements.
ESP Integrations users may update Personal Information that is stored in their ESP Integrations user account by visiting the Settings page in the ESP Integrations. Site user may update their Personal Information by contacting our Chief Privacy Officer at the address provided in Section 13 (“How to Contact Us”) below.
10. 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 Other Services.
11. Collection and Use of Information by Third Parties.
The ESP Integrations, the Site and our Other 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. We are also not responsible for the privacy practices of Salesforce Marketing Cloud.
B. Third Party Collection of Your Credit Card Information
C. Third Party Collection of Information for Analytics Purposes
We may use third party companies (currently including Google, mouseflow and mixpanel) to provide us with analytics information. These companies may collect Personal Information and Non-Personal Information from you via our Site and ESP Integrations. You can find out more information about what information Google, mouseflow and mixpanel collect and how they use and disclose that information here: http://www.google.com/policies/privacy/; http://mouseflow.com/privacy/; and https://mixpanel.com/privacy/.
If we become aware that the security of the Site, the ESP Integrations or our Other Services has been compromised or your Personal Information 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.
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:
How to Contact Us.
Attn: Chief Privacy Officer/
Privacy Shield Framework
11 East 26th Street
New York, NY 10010, U.S.A.