A. Information Relating to the Use of the Site
B. Personal Information Provided Directly by You or via Third Parties
Respond collects certain “Personal Information,” meaning information that allows Respond to determine your identity when you engage with us. For example, Personal Information can include your name or email address, among other things, and if you reside in or are located in the European Economic Area (“EEA”), it can also include your IP address or device identifier. We collect Personal Information that you provide to us as set forth in Section 2 below. As a user of the Site, please note that you are responsible for ensuring the accuracy of the Personal Information you provide Respond, and inaccurate information may affect your ability to use the Site, information you receive when using the Site, or our ability to contact you. Also, Personal Information does not include information that is de-identified or corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.
2. What Information We Collect
A. When We May Obtain Personal Information
Respond may obtain your Personal Information when you:
- Use our Site and/or Services
- Request demos, quotes, services, support, downloads, trials, whitepapers,
training or information
- Place orders for Services or register for events or webinars
- Create and manage an account
- Participate in surveys or other promotional activities online or in any other venue
- Subscribe to newsletters, marketing and promotional emails or other materials
- Interact with us on third party social networks (subject to that third party’s terms
of use and privacy policies)
- Contact us
B. Types of Information We Collect
i. Personal Information with Your Consent
Personal Information Respond collects with your consent may include:
- First and last name
- Company name
- Email address
- IP address
- Login user name and password
- Mailing address
- Telephone number
- Fax number
- Login user name and password
- Job title
- Other business or company information
ii. Information from Third Party Sources
Respond may obtain Personal Information about you from third party sources such as public databases, our business partners, joint marketing partners, social media platforms and from other third parties. The information we receive will depend on the third party’s policies and your account settings with the third party source. An example of the information we may receive from other sources is page-view information from some business partners with which we operate co-branded services or joint offerings. We may use such information to better understand you and to enhance our ability to provide relevant marketing of products and services to you.
iii. Information We Collect When Providing Services to Corporate Customers
With the consent of a corporate customer’s security team, Respond may obtain Personal Information in the course of providing Services to our corporate customers such as IP addresses, MAC addresses, host names, user names, and email addresses. Respond is the controller of any Personal Information contained within records or logs of security events that are identified and collected during the operation of Services. If you work for a corporate customer that uses our Services, it is possible that your Personal Information may be contained in security events processed by Respond. We will use such information for the purpose of providing the Services and in order to develop, enhance and/or improve our Services.
iv. Information We Automatically Collect
Respond may automatically collect behavioral and usage information about your visits to our Site which may include:
- Pages you view
- Links you click
- Advertisements you click
- Search terms you enter
We may also collect certain information from the browser you use to come to our Site such as:
- Your IP address
- Device identifier
- Location data
- Browser type and language
- Access times
- the URL of the website that referred you to our Site
- the URL to which you browse away from our Site if you click on a link on our Site
C. Manner in Which Information is Automatically Collected
(a) Cookie Definition. A cookie is a piece of text that is placed on your computer’s hard drive. Depending upon the settings you have selected, your browser adds the text to your device as a small file. Many browsers are set to accept cookies by default. However, you have the ability to accept or decline cookies as you prefer. The Help portion of your web browser, most likely found on the toolbar, typically tells you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
(b) The Benefits of Cookies. Cookies allow you to take advantage of the Site’s essential features. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site and Services that depend on cookies. The Site uses both Respond and third-party cookies to enable you to use it or the
(e) Targeted Email Marketing by Respond. Some marketing you receive from Respond, including email marketing, may be personalized based on your visits to the Site and your browsing history. In addition, when you click on some links in email marketing you receive, our email service provider may place a cookie on your browser. This type of cookie would be linked to your email address or IP address and used to gather information about the products and services you view and access on this Site. Information gathered may be used to personalize and customize future email marketing messages you receive. You may opt out of this use by clicking on the unsubscribe link provided in every personalized email marketing message you receive.
iii. Web Beacons, Pixel Tags and Tracking
(a) Web Beacons. Respond or its business partners may use web beacons on our websites, in our email messages, in our advertisements on other websites, or in our advertisements in others’ email messages. A web beacon is an electronic image that can be used to recognize a cookie on your computer when you view a web page or email message. Web beacons help us measure the effectiveness of our Site and our advertising in various ways. For example, web beacons may count the number of individuals who visit the Site from a particular advertisement, or they may tell us when a web page is viewed and provide a description of the page where the web beacon is placed. Web beacons may also measure the effectiveness of our email campaigns, by counting the number of individuals who open or act upon an email message, determining when an email message is opened and determining how many times an email message is forwarded. Subject to local laws, we may combine the information that we collect through web beacons with other Personal Information we have collected from you. Further, we may also allow some of our business partners to compile individual or aggregated statistics from the use of web beacons on the Site by Respond, its agents or others, to determine the effectiveness of online marketing and to develop statistics on how often clicking on an advertisement results in an action on the advertiser’s site.
Aggregate information may include demographic and usage information. No Personal Information about you is shared with Business Partners for this research. You can make some web beacons unusable by rejecting cookies in your web browser as described in subsection (i) “Cookies Definition” above.
(b) Pixel Tags. When you visit the Site or view one of our email messages, Respond may use pixel tags (also called “clear” gifs), tracking links and/or similar technology to note some of the pages you visit on our websites. We may also use pixel tags to determine what types of email your browser supports. We may use the information collected through web beacons, pixel tags, tracking links and similar technology in combination with your Personal Information to personalize your experience on the Site and to provide you with more useful and relevant advertisements.
3. Information We Do Not Collect
A. Sensitive Personal Information
Respond does not collect sensitive information, i.e. Personal Information that specifies medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual.
B. Third Party Behavioral Tracking
Respond does not allow third party behavioral tracking.
4. How We Use the Information
A. Information Relating to Your Use of Our Site
Respond uses information relating to your use of the Site to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use this information to ensure the security of our Services and the Site.
B. Personal Information Provided by You or via Third Parties
i. Business Use
Respond uses your Personal Information primarily to facilitate our ongoing and proposed business dealings with you. This includes to:
- Deliver or make available the Services, solutions, support, or carry out the transaction you have requested
- Communicate with you about updates, support, maintenance, outages, or other technical matters concerning the Services
- Provide you with training and support regarding your use of the Services
- Notify you about changes to any of the Respond policies for use of the Services
- Verify the accuracy of account and technical contact information we have on file for you and your company in relation to the Services
- Respond to questions or inquiries that you or your company may have about our Services
- Send communications to you about the Services available from Respond, including information about particular Respond programs in which you or your company has chosen to participate, as well as events, promotional offers and surveys
- Facilitate communications from Respond business partners
- Customize, analyze and improve our Services, solutions, technologies, communications and relationship with you (including the content and advertisements on our Site to identify usage trends or determine the effectiveness of our marketing campaigns)
- Better understand our customers and online users, including profiling based on interest and interactions with our Site
- Personalize content and implement your preferences
- Enforce our contracts with customers and website terms and conditions
- Prevent fraud and other prohibited or illegal activities
- Protect the security or integrity of the Site, our business and the Services
- Perform other functions or serve other purposes, as disclosed to you at the point of collection, or as required or permitted by law
ii. Lawful Basis of Processing
- For compliance with Respond’s legal obligations where other laws require the processing of your Personal Information (for example, health and safety, taxation and anti-money laundering laws) or where we need your Personal Information to protect your vital interests or those of another person.
- Respond’s (and its business partners’) legitimate interests which include the provision of this Site and/or relevant products and services, and/or the carrying out of marketing and profiling activities, provided always that our legitimate interests are not outweighed by any prejudice or harm to your rights and freedoms.
iii. Links to Third Party Websites and Services
iv. Retention of Your Personal Information
5. Sharing Your Information
Respond may share your Personal Information as described below.
A. Business Partners
B. Marketing Purposes
Respond may share your Personal Information with participants in our sales and marketing chain, including but not limited to retailers, resellers, distributors, integrators, order fulfillers and some sales agents and resellers/channel partners, for the limited purposes of selling, marketing or providing support for and the Services.
C. Respond Operations and Maintenance Contractors
Respond uses various service providers, vendors and contractors (collectively, “Contractors”) to assist in providing the Site and the Services. These Contractors may have access to your Personal Information in the course of providing their products or services to Respond, so that we in turn can provide access to this Site and our Services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Site or the Services. Access to your Personal Information by the Contractors is limited to the information reasonably necessary for them to perform limited functions for us.
D. Government Authorities, Legal Rights and Actions
E. Disclosure to Acquirers
Respond may share and/transfer your Personal Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or all or substantially all of the equity, business assets of Respond to which your Personal information relates.
6. How We Secure Your Personal Information
- using encryption and/or tokenization when collecting or transferring sensitive information
- having in place technical and organizational measures designed to ensure the ongoing integrity, availability and resilience of processing systems and services
- limiting physical access to our premises
- limiting access to the information we collect about you
- ensuring that we and our business partners have appropriate security safeguards to keep Personal Information secure
- where required by law, destroying or de-identifying Personal Information
Because the Internet is not a 100% secure environment Respond cannot guarantee the security of Personal Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. We encourage you to keep any passwords you use confidential and to be careful to avoid “phishing” scams where someone may send you an email that appears to be from Respond asking for your personal information. Please note that e-mail communications are typically not encrypted and should not be considered secure. Respond will not request your ID or password through email.
7. Collection and Use of Children’s Personal Information
Respond takes children’s privacy seriously. When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under 13. We do not knowingly collect personal information from children under the age of 13 through our websites.
8. Updating or Deleting Your Personally Identifiable Information
You have certain rights in relation to your Personal Information. You can access your Personal Information and confirm that it remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our business partners by logging into the Site and visiting your user account page.
If you would like further information in relation to your rights or would like to exercise any of them, you may also contact Respond via firstname.lastname@example.org. If you reside or are located in the EEA, you have the right to request that Respond:
- provides access to any Personal Information we hold about you;
- prevent the processing of your Personal Information for direct-marketing purposes;
- update any Personal Information which is out of date or incorrect;
- delete any Personal Information which we hold about you;
- restrict the way that we process your Personal Information;
- provide your Personal Information to a third party provider of services; or
- provide you with a copy of any Personal Information which we hold about you.
Respond tries to answer every email promptly where possible, and provide our response within the time period stated by applicable law. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personal Information. Please also note that certain Personal Information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your Personal Information to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity.
9. California Privacy Rights
A. Shine the Light (CA Civil Code § 1798.83)
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from Respond once per calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).
To obtain this information, please send an email message to email@example.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
B. California Consumer Privacy Act (CCPA, CA Civil Code § 1798.100)
i. Personal Information Collected and Processed
ii. Requests to Exercise Your Rights
RIGHT TO KNOW REQUEST – Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:
- Categories of and specific pieces of personal information we have collected about you.
- Categories of sources from which we collect personal information.
- Purposes for collecting, using, or selling personal information.
- Categories of third parties with which we share personal information.
- Categories of personal information disclosed about you for a business purpose.
If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.
To make a verifiable request for information about the personal information we have collected about you please email us at firstname.lastname@example.org.
RIGHT TO DELETE REQUEST - You also have a right to request that we delete personal information, subject to certain exceptions. You may exercise your right to delete by emailing us at email@example.com.
HOUSEHOLD REQUESTS – We currently do not collect household data. If all the members of a household makes a Right to Know or Right to Delete request, we will respond as if the requests are individual requests.
REQUESTS, GENERALLY – Please note, if you do not have a Respond account we will not have enough information about you to verify your Right to Know and Right to Delete requests, as we do not keep sufficient information necessary to re-identify and link you to a prior visit to Respond’s services where data may have been collected. As such, we will be unable to verify and honor your requests. You may make a verifiable consumer request related to your personal information twice per 12-month period. We will not discriminate against you for exercising any of your rights under the CCPA.
REQUESTS MADE THROUGH AGENTS - You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
iii. Disclosures of Personal Information for a Business Purpose
- Business Partners
- Respond Operations and Maintenance Contractors
- Government Authorities in response to subpoenas, court orders, or other legal process
- Acquirers in conjunction with a sale, merger, or substantially all of the equity or business assets
11. International Privacy Practices
Our Privacy Shield Policy information is set forth below.
12. Privacy Shield Policy
When we use the term “Personal Information” in this Privacy Shield Policy, we are referring to any information that (i) is recorded in any form; (ii) is about an identified or identifiable individual; and (iii) is received by us from the EEA.
You also have the ability to opt-out at any time from the use of your personal information for direct marketing purposes. To exercise this right, please check your settings options. If you have further questions related to the above, you can also contact us at firstname.lastname@example.org.
Where we process personal data on behalf of our business partners, we will work with them to ensure you are offered appropriate choices (and means to exercise those choices) for limiting use or disclosure of your Personal Information (where appropriate). Notwithstanding the foregoing, you agree that we may disclose Personal Information under the following circumstances without offering you an opportunity to opt-out of such disclosure: (i) to our business partners and other service providers that we have retained to perform requested services on our behalf; (ii) if we are required to do so by law or legal process; (iii) pursuant to valid requests by law enforcement or other government authorities (which we are legally required to respond to); and (iv) when we believe disclosure is necessary to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. In addition, we reserve the right to transfer Personal Information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the Personal Information in a manner consistent with this Privacy Shield Policy.
C. Accountability for Onward Transfers
Respond will only transfer your Personal Information to third parties where: (i) such transfer is only for limited and specified purposes; (ii) the third party provides at least the same level of privacy protection as the Principles; (iii) the processing is consistent with Respond’s obligations under the Principles; (iv) the third party is required to notify Respond if it can no longer provide sufficient protection for your Personal Information; (v) the third party takes steps to stop and remediate unauthorized processing; and (vi) Respond commits to provide a summary of the relevant privacy protections in place with that third party to the Federal Trade Commission upon request.
In the context of an onward transfer, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. The Privacy Shield organization shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles unless the organization proves that it is not responsible for the event giving rise to the damage.
Respond will take reasonable and appropriate measures to protect Personal Information from loss misuse or unauthorized access, disclosure, alteration or destruction.
E. Data Integrity and Purpose Limitation
Respond will take steps to limit the Personal Information that it processes about you to that which is relevant for the purposes of processing as related to the Services. Respond will also take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete, and current.
Upon written request, we will provide you with reasonable access to the Personal Information that Respond holds about you, and we will take reasonable steps to correct, amend, or delete that information where it is inaccurate or has been processed in violation of the Principles.
G. Recourse, Enforcement and Liability
Respond will regularly review our compliance with the statements set forth in this Privacy Shield Policy, and we will provide an independent way to resolve complaints about our privacy practices. We encourage interested persons to first contact us at email@example.com, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles. If your inquiry is not satisfactorily addressed by us, we have registered with JAMS, a U.S.-based independent dispute resolution body that is available to provide independent resolution (free of charge) to you. To contact JAMS and/or learn more about the company’s dispute resolution services, including complaint submission, please visit: https://www.jamsadr.com/eu-us-privacy-shield. There may also be circumstances when disputes can be resolved through the Privacy Shield binding arbitration process. Please see the Privacy Shield website for further information: https://www.privacyshield.gov/article?id=C-Pre-Arbitration-Requirements.
As part of our participation in Privacy Shield, we are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission and other authorized statutory bodies.
13. Contacting Respond
If you would like to contact Respond for any reason regarding our privacy practices, please email us at firstname.lastname@example.org, call us at 650-336-5415 or write to us at the following address:
Respond Software, Inc.
Attn: Privacy/Legal Department
785 Castro Street, Suite C
Mountain View, CA 94041
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