1. COLLECTION OF INFORMATION
We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement and other purposes as described in Section 2 – Use of Information. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below (See Section 3 – Disclosures and Transfers), unless you agree that we may disclose it to other third parties.
“Personal Information” is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website.
Information Collected By Us. We may collect Personal Information in respect of the Services through registration processes; communications with you; information downloads; service purchases; access to your contact lists through social media sites and from your device, user support; and surveys and depending on the communication method that you have elected to connect through, we may have access to other information about you from third party sites. Although many email service providers require us to ask for permissions to view, edit, and manage your email, we only view and access the following information in order to provide the Services to you. Through your use of the Services we will have access to your message history including details of the message sender and recipient data that is transmitted or received to your Nudge account. We track the To, From and CC fields and the Date/Time of emails and we look at some email headers to exclude draft messages and auto-responders and we also look at the subject line to try to detect auto responders. Header and subject-line information is not stored in our systems and is only used for the analysis indicated above. The ID of a message is also tracked for service provision purposes and we only access it where necessary, for example, in connection with complying with legal requirements. We do not have access to any message changes you make to recommendations before you send them as a message, which means the version in your sent items may differ from the original Nudge made available to you for transmission (for example, you can customize a message and we will not see the customized portions of that message). We pull the email addresses of attendees and their calendar responses, meeting title, location, time and duration of a meeting from messages for your use of the Services but we do not access the meeting descriptions. All message and calendar information from your Nudge account and use of the Services is used by us to provide the Services to you.
- Information Collected from You About Others.Information about any of your contacts who are the contacts of other Nudge Service user may be aggregated by the Nudge Service to provide a more detailed snapshot of those shared contact from all sources using the Nudge Service. If you decide to invite a third party to create an account with us, you should only do so if you think that third party would want to be contacted by us. If you extend an invitation, we will collect your and the third party’s names and email addresses in order to send an email and follow up with the third party. We rely upon you to obtain whatever consent from the third party that may be required by law to allow us to collect the third party’s name and email address as described above. You or the third party may contact us at firstname.lastname@example.org to request removal of this information from our database.
- Information Collected from Third Party Companies.We may receive information about you from third parties. We may add this information to the information we have already collected from you via our Services, for a variety of purposes, including to verify other information about you and to improve our Services.
Minors: The Services are intended primarily as a tool and resource for business users and therefore do not knowingly collect any Personal Information about minors who are 13 years old or younger and our Services are intended primarily for business users.
“Non-Personal Information” is information of an anonymous nature such as aggregate, anonymized information such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website. Business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
2. USE OF INFORMATION
We collect information for the following purposes:
- Registration: In order to order our Services you must provide certain Personal Information to us such as your full name, address and email address. We also request your business name and certain contact information which is Non-Personal Information. The Services include the ability to compile a list of contacts from across your social media profiles address book to facilitate your contacting those individuals using the Services so that information is stored after registration and throughout your use of the Services for the purpose of facilitating your sending Nudges. This aspect of the Services will only apply if you give us access to your social network or email client (for example logging in through a third party site like Google+ or LinkedIn).
- Nudges: You can receive a recommendation for a ‘Nudge’ to send to a contact through the Services. We may send push notifications when Nudges are sent and received. The sender of a Nudge will be able to tell when the recipient of a Nudge has clicked on any tracked links, and responded to the Nudge. Although a Nudge may be deleted by the recipient, we do not guarantee that all copies of the Nudge have been deleted. It is possible that a recipient of a Nudge may make a Nudge they receive available online or share it with other parties. You acknowledge that we cannot control such actions and disclosures and accordingly we will not be liable for such disclosures of your Personal Information.
- Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication.
- Statistics: we collect statistics about use of the Services. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties.
3. DISCLOSURES AND TRANSFERS
From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information for the Services to third parties password.
4. RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)
We generally process Personal Information in order to fulfill contracts we have with our customers and to pursue our legitimate business interests listed above. Otherwise, we will obtain consent from an individual in respect of processing of Personal Information if required by law to do so. Further, individuals located in the EEA (“EEA citizens”) have certain rights under European law (including under the General Data Protection Regulation) (“EU Data Protection Law”) with respect to Personal Information, including the right to request access to, obtain, correct, amend, delete, or limit the use of your personal data. Individuals located in to the EEA who wish to exercise these rights, should contact us at email@example.com. EEA citizens also have the right to make complaints to regulatory authorities in respect of our privacy practices.
EU Data Protection Law sets out a number of different reasons for which we may collect and process your personal data in certain circumstances. Where EU Data Protection Law applies, the legal bases we rely upon include:
We can collect and process your data with your consent, where required by the EU Data Protection Law. For example, if you have given your consent to receiving marketing material from us.
- Contractual obligations
We need your personal data to comply with our contractual obligations. For example, where you have provided us with your email address to receive access to our Services, we will use this information in order to effectively deliver and communicate information to you in regard to such products and services.
- Compliance with legal obligations
If the law requires us to, we may need to collect and process your data for legal compliance reasons. For example, we can pass on details of people involved in fraud or other criminal activity.
- Legitimate interest
We may require your data to pursue our legitimate interests or those of a third party in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. For example, it is in our legitimate interests to (a) ensure that content from our Website is presented in the most effective manner for you and your computer and that we provide you with the information, products and services that you request from us, (b) to keep our Website and our Services safe and secure;(c) for measuring or understanding the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you (including individual and pseudonymous analysis and profiling); (d) to allow you to participate in interactive features of our Services (if applicable), and (e) to use marketing related information about you that we have lawfully collected.
If you are an EEA citizen, Personal Information that we process in relation to you may be transferred and stored at, a destination outside the EEA that may not be subject to equivalent data protection law. It may also be processed by staff situated outside the EEA who work for us or for one of our suppliers.
We may transfer your personal data outside the EEA:
- in order to host or store it;
- in order to enable us to provide goods or services to and fulfil our contract with you or the company your work for;
- where we are legally required to do so;
- where it is in our legitimate interests and we have concluded these are not overridden by your rights.
- Where your information is transferred outside the EEA, we take steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as where applicable relying on a recognised legal adequacy mechanism and contracts, to help ensure your rights and protections travel with your data and that your personal data is treated securely and in accordance with this Policy.
If you are an EEA Citizen, you have the following additional rights under certain circumstances:
- to be provided with a copy of your personal data held by us;
- to request the rectification or erasure of your personal data held by us;
- to request that we restrict the processing of your personal data (for example, while we verify or investigate your concerns about your information);
- to object to the further processing of your personal data, including the right to object to marketing; and
- to request that your personal data be moved to a third party.
5. OTHER IMPORTANT TERMS
Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
Contact Us: If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: firstname.lastname@example.org.
GDPR: For more information about GDPR – or to request access to your data – please visit our GDPR page.
Last Updated: July 20, 2018