We collect this Personal Data through:
Under applicable law Persado is considered a “Controller” of this data.
Under applicable law Persado is considered a “Processor” of this data, and our customer (or our customer’s customer) is the “Controller” of the data.
And in connection with:
We may collect Personal Data about you when you use our Site or our Services.
We may collect different types of Personal Data:
“Personal Information” and “Technical Information”.
1.1. PRIVACY PRACTICES SPECIFIC TO PERSONAL INFORMATION
This information may include:
We may use your Personal Information for the following legitimate business purposes:
We will share Personal Information in the following circumstances:
1.2. PRIVACY PRACTICES SPECIFIC TO 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. We collect this Technical Information by using Cookies and pixel tags (also called web beacons or Clear Gifs).
This information may include:
We may use Technical Information as follows:
We may share Technical Information in the following circumstances:
1.3. INFORMATION COLLECTED BY THIRD PARTIES
If you choose to purchase our Services using a credit card, our third-party payment card processor (currently Merchant e-Solutions) will process your credit card. All such transactions are managed and 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 any payment card information. We receive a transaction “token” and a one-time user ID number from Merchant e-Solutions, so we can validate that the transaction has been successfully completed.
We may use third party companies to provide us with analytics information. These companies may collect Personal Data from you via our Site. Google is one of our third parties, and you can find out more information about what data Google collects and how they use and disclose it here: http://www.google.com/policies/privacy/.
2.1. COOKIE & AUTOMATED DATA COLLECTION DEFINITIONS
Cookies: A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device, which is like computer memory.
First and third-party Cookies: whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie.
First-party Cookies are those set by a website that is being visited by the user at the time (e.g. Cookies placed by a website domain).
Third-party Cookies are Cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.
Persistent Cookies: these Cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session Cookies: these Cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session Cookies are created temporarily. Once you close the browser, all session Cookies are deleted.
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 use First-Party Cookies and Third-Party Cookies to track the pages that you visit during each Site session, as well as when you use 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’d like to learn how to manage these Cookies and choose whether or not to receive information of different types, please see the section 2.4 below.
2.3. WHEN DO WE REQUIRE YOUR CONSENT
All Cookies require your consent.
We request your consent before placing Cookies on your device. You can give your consent by clicking on the appropriate button on the banner displayed to you. If you do not wish to give consent or wish to withdraw your consent to any Cookies at any time, you will need to delete, and block or disable Cookies via your browser settings; see below for more information on how to do this. Please note that disabling these Cookies will affect the functionality of the Site and our Services.
2.4. HOW TO MANAGE YOUR COOKIES
The browser settings for changing your Cookies settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.
If you wish to not have Cookies or clear gifs 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.
To find out more about Cookies, including how to see what Cookies have been set and how to manage and delete them, visit www.aboutcookies.org.
2.5. ONLINE TRACKING THROUGH THE PERSADO API
For online tracking through our Persado API, we adhere to the following guidelines:
We maintain appropriate administrative, technical and physical safeguards to protect and secure your Personal Data 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 8, 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.
Certain Technical Information, and in some cases, anonymized Personal Information, may persist in copies made for backup and business continuity purposes.
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 Data:
Please note that some of these rights are not absolute. In some cases, we may refuse a request to exercise particular rights if complying with it meant that we are no longer able to meet our contractual obligation to provide you with particular products and Services. However, we will keep you informed as to the actions that we can take, when you make your request.
You can contact us at the address provided in Section 10 to update, amend, correct your information.
If you wish to enforce any of your rights under applicable data protection laws, then please contact us at the address provided in Section 10. We will respond to your request by no later than one month.
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. We comply with the Privacy Shield Principles for all onward transfers of Personal Data from the EU. You can find out more in Section 8.
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.
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.
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 and then transfers under the Privacy Shield Framework 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 or Services, 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 the address provided in Section 10.
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 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 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. JAMS’s Dispute Resolution process is only available in English. For more information about JAMS dispute resolution process or to file a complaint, please visit: https://www.jamsadr.com/EU-us-privacy-shield.
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
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
11 East 26th Street
New York, NY 10010, U.S.A.
Applicable data protection law: means any state, federal or foreign law(s), rule(s) or regulation(s) applicable to the Addendum, the Agreement, or the Processing, as well as applicable Industry Standards, including those concerning privacy, data protection, confidentiality, information security, availability and integrity, or the handling or processing of Personal Data. Applicable Laws expressly include, if applicable, the United Kingdom Data Protection Act 1998 (the “UK Data Protection Act”), including any superseding regulation, the EU-US Privacy Shield Framework and Principles issued by the U.S. Department of Commerce, both available at https://www.privacyshield.gov/EU-US-Framework(collectively the “Privacy Shield Framework and Principles”), EU Directive 95/46/EC (the “Data Directive”), and, when effective, the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), EU Directive 2002/58/EC (the “ePrivacy Directive”), and, when effective, any regulation expressly superseding the ePrivacy Directive, as well as the laws, rules, and regulations of each nation in the European Economic Area (“Member State Law(s)”).
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.
Consumer: means the end customers of our customers. In most cases, we do not have any relationship with Consumers and only process Personal Data on behalf of our customers.
Controller or Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Cookies: a cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device, which is like computer memory.
Processor or Data Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
Personal Data: consists of Personal Information and Technical Information.
Personal Information: consists of information such as your name, email address and telephone number.
Technical Information: consists of usage data and other technical information about how you use our Site and our Services.