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Legal Center
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PRIVACY POLICY
Effective Date: October 17, 2023
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Personify Inc. and its affiliates, a2z Personify, LLC, WildApricot Inc. and
MemberClicks LLC (collectively “Personify,” “we,” “us,” or “our”) supports
associations, nonprofits, event professionals, and other organizations through
its technology platform, professional services and support. If you are a
California resident, please review California Notice at Collection and Privacy
Rights.
TABLE OF CONTENTS
1. Scope
2. Personal Data We Collect
3. How We Use Personal Data
4. Disclosures of Personal Data
5. Cookies and Other Tracking Mechanisms
6. Security
7. How Long We Retain Personal Data
8. Your Privacy Choices
9. Reseller Activities/Integration Partners
10. Personal Data of Minors
11. External Links
12. Legal Grounds for Collecting and Processing Personal Data
13. California Notice at Collection and Privacy Rights
1. SCOPE
This privacy policy (“Policy”) explains how we process personal data from
customers and visitors to our websites (“Sites”) and users of our products and
services (“Services”) as a controller or business under applicable privacy laws.
When we collect personal data as a processor on behalf of business customers, we
process personal data in accordance with our contract with them and their
privacy policy will apply.
This Policy does not apply to the personal data of employees or job applicants
or to information that is exempt under applicable laws. We may provide
additional notices when needed to clarify our privacy practices in specific
circumstances.
2. PERSONAL DATA WE COLLECT
While the personal data we collect varies depending upon your use of our
Services and our interactions with you, we may collect personal data from you,
from third-party sources, and automatically:
Personal Data Collected Directly from You. We may collect the following personal
data from you:
* Customer Service and Support. When you contact us for support or other
customer service requests, we maintain support tickets and other records
about your requests and related communications. For example, where you use
one of our support request forms, we collect details about you, including
your name, contact details, email address, and the nature of your request.
* Account Services. When you register or create an account, we may collect your
name, email address, address, phone number, business contact information,
organization name, job title and primary role, account name and password.
* User Content. We collect user-generated content when you submit information
or feedback to our Site or Services.
* Request a Demo. When you request a demo, we collect your first name, last
name, phone number, email address, organization name and type, and any
additional personal data you may include in the comments.
* Communications. We collect the information you provide such as contact
information and records of our communications.
* Transaction and Billing Information. When you purchase a product or Service
from us, we collect purchase information, including payment card information
through a third-party processor.
* Surveys. When you fill out a survey, we collect your response, which depends
on the type of survey, but may include satisfaction with a product or
Service.
* Events and Other Information. We also collect personal data related to your
registration for and participation in our events.
* Other Information. We may collect other personal data that you consent to or
would reasonably expect based on the nature of the circumstances.
Personal Data Collected from Third Parties. We may collect personal data about
you from third party sources such as public databases, advisors and agents,
affiliates and subsidiaries, Internet service providers, operating systems and
platforms, regulators, government entities and law enforcement, data brokers and
analytics providers, advertising and marketing companies, business partners,
business customers, clients, trade show sponsors, social media platforms, or
other third parties.
* We may receive lead and prospect information from third parties about
prospective customers that may be interested in our Services. We may also
engage with third parties to enhance or update our customer information.
* If you post information about us or engage with us on third party platforms
or choose to link your Company account to or log in to our Services with a
third-party account (e.g., Facebook or LinkedIn), we may collect personal
data about you from that third party platform or account.
* These third-party platforms and services control the information they collect
and share about you. For information about how they may use and disclose your
information, including any information you make public, please consult their
respective privacy policies.
Personal Data Collected Automatically. When you visit our Sites or Services, we
and third parties may collect information, including personal data, including
through the use of cookies, pixel tags, and other similar technologies such as:
* Device and Browsing Information. When you visit our Site, we may collect
information, which may be considered personal data under certain laws, such
as IP address, browser type, domain names, access times, date/time stamps,
operating system, language, device type, unique or online identifiers,
Internet service provider, referring and exiting URLs, clickstream data, and
similar device and browsing information.
* Activities and Usage. We also collect activity information related to your
use of the Site, such as information about links clicked, searches conducted,
features used, items viewed, time spent on certain pages, your interactions
with us, log file information, and other activity and usage information.
* Location Information. We may also collect or derive general location
information about you, such as through your IP address.
3. HOW WE USE PERSONAL DATA
Generally, we use personal data for the following purposes:
* Providing Services and Support. To provide and operate our Services,
communicate with you about your use of the Services, provide troubleshooting
and technical support, respond to your inquiries, fulfill your orders and
requests, process your payments, communicate with you, and for similar
service and support purposes.
* Communications. To respond to your questions and fulfill your orders and
requests; to allow you to participate in interactive features; to seek your
views or comments and to send you communications, which you have requested or
that may interest you; and to notify you of changes to our Services.
* Analytics and Improvement. To better understand how users access and use the
Services, and our other products and offerings, and for other research and
analytical purposes, such as to evaluate and improve our Services and
business operations, to develop our Services and features, and for internal
quality control and training purposes.
* Customization and Personalization. To tailor the content we may send or
display on the Services, including personalized help and instructions, and to
otherwise personalize your experiences.
* Marketing and Advertising. To send you information about our Services, such
as offers, promotions, newsletters and any other information that you sign up
to receive and to manage, analyze, measure and improve our advertising
campaigns.
* Planning and Managing Events. For event planning and management, including
registration, attendance, connecting you with other event attendees, and
contacting you about relevant events and Services.
* Research and Surveys. To administer surveys and questionnaires, such as for
market research or customer satisfaction purposes.
* Security and Protection of Rights. To protect the Site and Services and our
business operations; to prevent and detect fraud, unauthorized activities and
access, and other misuse; where we believe necessary to investigate, prevent
or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the safety or legal rights of any person or
third party, or violations of our terms or this Policy.
* Legal Proceedings and Obligations. To comply with the law and our legal
obligations, to respond to legal process and related to legal proceedings.
* General Business and Operational Support. Related to the administration of
our general business, accounting, auditing, compliance, recordkeeping, and
legal functions.
4. DISCLOSURES OF PERSONAL DATA
In general, we disclose and make available personal data to third parties in the
following ways:
* Corporate Affiliates. We may disclose personal data to corporate affiliates
as part of our global business operations and for purposes and uses that are
consistent with this Policy.
* Processors and Service Providers. We may disclose personal data to our
service providers who perform services on our behalf such as IT service
providers, hosting providers, chat bot providers, call centers, etc.
* Third-Party Advertising Networks, Analytics Providers and Social Media
Platforms. We and third-party advertising networks, search engines, social
media platforms, sponsors and/or traffic measurement services, use
information, that may be considered personal information in some
jurisdictions to understand and improve the use of our Sites, for analytical
purposes, to serve targeted ads and personalize content, and to improve and
measure the effectiveness of ads on third-party sites and platforms. For more
information, including how to opt out of interest-based advertising, see
Section 5 Cookies and Other Tracking Mechanisms below.
* Compliance, governance and legal requirements. We may disclose personal data
to comply with legal and compliance obligations and to respond to legal
process and related to legal proceedings. For example, we may disclose
personal data in response to subpoenas, court orders, and other lawful
requests by regulators and law enforcement. We may also disclose information,
including personal data, related to litigation and other legal claims or
proceedings, for our internal accounting, auditing, compliance,
recordkeeping, and legal functions.
* Business Transfers. We may disclose personal data as part of commercial
transactions (e.g., mergers, acquisitions, bankruptcy, or other similar
business transactions) and in contemplation of such transactions (e.g., due
diligence).
* Other Disclosures. We may disclose your personal data for other purposes,
which we will notify you of and/or obtain your consent when required.
Aggregate and/or Deidentified Data. We may use and disclose aggregate,
deidentified, and other non-identifiable data related to our business and
Services for quality control, analytics, research, development and other
purposes. Where we use, disclose, or process deidentified data we will maintain
and use the information in deidentified form and will not attempt to reidentify
the information except where permitted by law.
5. COOKIES AND OTHER TRACKING MECHANISMS
We and other third parties use cookies, pixel tags, session replay technology,
and other similar tracking mechanisms to automatically collect information about
browsing activity, device type, and similar information within our Site and
Services. This information, which may be considered personal information in some
jurisdictions, is used, for example, to analyze and understand how you access,
use and interact with our Site and Services; to identify and resolve bugs and
errors in our Site and Services; to assess, secure, protect, optimize, and
improve the performance of our Site and Services; for marketing, advertising,
measurement and analytics purposes; and to personalize content on our Site and
Services. We may also deidentify or aggregate such information to analyze
trends, administer our Site and Services, gather broad demographic information
for aggregate uses and for any other lawful purpose.
Cookies. “Cookies” are alphanumeric identifiers used for tracking purposes. Some
cookies allow us to make it easier for you to navigate, while others are used to
enable a faster log-in process, support the security and performance of the
Site, or allow us to track activity and usage data within the Site and across
websites.
Pixel Tags and Similar Technologies. Pixel tags (sometime called web beacons or
clear GIFs) are tiny graphics with a unique identifier, similar in function to
cookies. We may use these tracking technologies to understand users’ activities,
help manage content and compile usage statistics, and in emails to let us know
when they have been opened or forwarded so we can track response rates and gauge
the effectiveness of our communications.
Third Party Analytics. We use third party tools, such as Google Analytics, which
are operated by third party companies to evaluate usage and traffic on our Sites
and Services. These third-party analytics companies use cookies, pixels, and
other tracking technologies to collect usage data to provide us with reports and
metrics that help analyze, improve and enhance performance and user experience.
To learn more about Google’s privacy practices, please review the Google Privacy
Policy at https://www.google.com/policies/privacy/partners/. You can also
download the Google Analytics Opt-out Browser Add-on to prevent your data from
being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Cross-Device Tracking. We and third parties may use the information we collect
about you within our Site and on other third-party websites and services to help
us and these third parties identify other devices that you use (e.g., a mobile
phone, tablet, other computer, etc.) to interact or engage with us or the Site.
6. SECURITY
No data transmission over the Internet can be guaranteed to be 100% secure. As a
result, while we strive to protect your personal data, we cannot guarantee or
warrant the security of any information collected through our Site. You use our
Site and provide us with your personal data at your own risk.
7. HOW LONG WE RETAIN PERSONAL DATA
Your personal data will be retained until such time as needed to fulfill the
purposes and uses for which it was collected as outlined in this Policy. If you
request that we delete your personal data from our databases, please note we may
still retain your personal data as necessary to comply with our legal
obligations, regulatory requests, resolve disputes, and enforce our agreements.
8. YOUR PRIVACY CHOICES
Marketing Communication. We may send periodic promotional and operational
emails, text messages or other similar communications to you in accordance with
applicable law. You may change your preferences by following the instructions
provided to you in the communication. If you opt-out of receiving promotional
emails from us, we may still send you communications about your account or any
services you have requested or received from us. To opt-out of any text
messages, reply STOP.
Industry Ad Choice Programs. You can also control how participating third-party
ad companies use the information that they collect about your visits to our Site
and those of third parties, in order to display more relevant targeted
advertising to you. You can obtain more information and opt-out of receiving
targeted ads from participating third-party ad networks as outlined below.
* U.S. Users: aboutads.info/choices (Digital Advertising Alliance).
* EU Users: youronlinechoices.eu (European Interactive Digital Advertising
Alliance)
* Canada Users: youradchoices.ca/choices/ (Digital Advertising Alliance of
Canada)
Cookie Settings. You can set your browser to block certain cookies or notify you
when a cookie is set; you can also delete cookies. The “Help” portion of the
toolbar on most browsers will tell you how to prevent your device from accepting
new cookies, how to have the browser notify you when you receive a new cookie,
or how to delete cookies. Visitors to our Site who disable cookies will be able
to browse the Site, but some features may not function. If you come to our Site
from a different device or from a different browser on the same device, you will
need to apply your cookie settings for that browser and/or device as well.
Browser Signals. To the extent required by applicable law, if our Site detects
that your browser is transmitting an opt-out preference signal, such as a
“global privacy control” (or GPC) signal, we will apply that signal to opt that
particular browser on your device out of targeting cookies on our Site. If you
come to our Site from a different device or from a different browser on the same
device, you will need to apply GPC for that browser and/or device as well. We do
not respond to do not track signals.
9. RESELLER ACTIVITIES/INTEGRATION PARTNERS.
In certain instances, our Services can be configured to integrate with third
party solutions such as payment processors; however, we do not collect or store
payment processing information. We may also provide your business contact
information to our integration partners or refer customers to third parties. Our
customers enter into separate agreements with these third parties that govern
the processing of personal information.
10. PERSONAL DATA OF MINORS
We provide a general audience Site. The Site and Services are not designed for
minors, and we do not knowingly collect personal data from minors.
11. EXTERNAL LINKS
Our Sites and Services may contain links to third-party websites or features.
Any access to and use of such linked websites or features is not governed by
this Policy, but instead is governed by the privacy policies of those third
parties. We are not responsible for the information practices of such third
parties, including their collection of your personal data. You should review the
privacy policies and terms for any third parties before proceeding to those
websites or using those features.
12. LEGAL GROUNDS FOR COLLECTING AND PROCESSING PERSONAL DATA
Consent. The legal ground for processing your personal data that we collect when
you provide us with specific permission to do so, is your consent, which you may
withdraw at any time by clicking on any unsubscribe link that we provide or by
emailing personifyprivacy@personifycorp.com.
Contractual Necessity. We may process your personal data when it is necessary in
order to enter into a contract with you (e.g., if you request that we provide
you a quote for potential services) or when it is necessary for the performance
of a contract to which you are a party (e.g., processing credit card details in
order to effect payment).
Compliance with Legal Obligations. We also may conduct certain personal data
processing activities for purposes of meeting our legal obligations in the EU
and in EU member states (e.g., our regulatory retention obligations).
Vital Interests. Under special circumstances (e.g., in connection with natural
disasters or emergency situations), we may need to process your personal data in
order to protect the vital interests of you or one or more persons.
Legitimate Interests. The last legal ground for processing the personal data
that we collect for other purposes identified in the table above are Personify’s
legitimate interests in providing client services; providing quality support to
clients, potential clients, and Site users; providing conference, seminar, or
tradeshow attendees with pertinent event information; providing clients and
potential clients with marketing materials to promote our services and products;
providing clients with secure sites for project collaboration and large file
sharing; identifying qualified candidates to fill our open positions or
available contracting opportunities; maintaining compliance with applicable
global laws and regulations; providing more relevant content for users of our
Sites; identifying and fixing problems with our Sites; understanding how our
clients interact with our products, services, apps and websites so we can
enhance the client experience and functionality of our products, services, apps
and websites; and improving the overall user experience on our Sites.
13. CALIFORNIA NOTICE AT COLLECTION AND PRIVACY RIGHTS
This section of the Policy provides additional information for California
residents (“you”) and describes our information practices pursuant to applicable
California privacy laws, including the California Consumer Privacy Act and the
regulations issued thereto, each as amended (the “CCPA”).
In this section, “personal information” means information that identifies,
relates to, describes, is reasonably capable of being associated with, or could
reasonably be linked, directly or indirectly, with a particular California
resident or household. This section does not address or apply to our handling of
publicly available information or personal information that is otherwise exempt
under the CCPA.
Categories of Personal Information Collected and Disclosed. The following table
identifies the categories of personal information we may collect about you (and
may have collected in the prior 12 months), as defined by the CCPA, as well as
the categories of third parties to whom we may disclose this information for a
business or commercial purpose. Depending on how you use the Services, we may
collect and disclose the following categories of personal information:
Categories of Personal Information Third Party and Other Recipient Disclosures
Identifiers. Includes information regarding your name, unique personal
identifier, online identifier, Internet Protocol (IP) address, postal address,
phone number, and email address.
* Advisors and agents
* Affiliates and subsidiaries
* Internet service providers, operating systems and platforms
* Regulators, government entities and law enforcement
* Data analytics providers
* Marketing and advertising providers
* Others as permitted by law
Customer Records. Includes your name, address, phone number, and employment
history. Payment information may be collected through third party payment
processors.
* Advisors and agents
* Affiliates and subsidiaries
* Internet service providers, operating systems and platforms
* Regulators, government entities and law enforcement
* Others as permitted by law
Commercial Information. Includes records of personal property; records of
Services purchased, obtained, or considered; or other purchasing or use
histories or tendencies.
* Advisors and agents
* Affiliates and subsidiaries
* Regulators, government entities and law enforcement
* Data analytics providers, auditors
* Others as permitted by law
Internet or Other Electronic Network Activity Information. Includes browsing
history, clickstream data, search history, and information regarding
interactions with our Site, advertisements, or emails, including other usage
data related to your use of any of our Sites or other similar online services.
* Advisors and agents
* Affiliates and subsidiaries
* Regulators, government entities and law enforcement
* Data analytics providers
* Advertising networks
* Others as permitted by law
Geolocation Data. Such as general location information about a device for
security and other purposes.
* Advisors and agents
* Affiliates and subsidiaries
* Data analytics providers
* Others as permitted by law
Audio, Electronic, Visual, or Similar Information. Includes information
collected via call recordings if you are interacting with us in a customer
service capacity or if you call us on a recorded line and security footage if
you visit our premises.
* Advisors and agents
* Affiliates and subsidiaries
* Regulators, government entities and law enforcement
* Others as permitted by law
Professional Information. Includes professional and employment-related
information such as current and former employer(s) and position(s), business
contact information and professional memberships.
* Advisors and agents
* Affiliates and subsidiaries
* Regulators, government entities and law enforcement
* Others as permitted by law
Inferences. Such as inferences drawn from any of the information described in
this section about a consumer including inferences reflecting the consumer’s
preferences, characteristics, behaviors, attitudes, abilities, and aptitudes.
* Advisors and agents
* Affiliates and subsidiaries
* Regulators, government entities and law enforcement
* Data analytics providers
* Marketing and advertising providers
* Others as permitted by law
Sales and Sharing of Personal Information. The CCPA defines “sale” as disclosing
or making available personal information to a third-party in exchange for
monetary or other valuable consideration, and “sharing” as disclosing or making
available personal information to a third-party for purposes of cross-context
behavioral advertising. While we do not disclose personal information to third
parties in exchange for monetary compensation, we may “sell” or “share” the
following categories of personal information: identifiers and Internet and
network activity information. We may disclose these categories to third-party
advertising networks, data analytics providers, or social networking sites for
purposes of marketing and advertising and to improve and measure and analyze our
ad campaigns. We do not sell or share sensitive personal information, nor do we
sell or share personal information about individuals we know are under age
sixteen (16).
Sources of Personal Information. We generally collect the categories of personal
information in the table above from the following categories of sources:
directly or indirectly from you; affiliates and subsidiaries; business partners;
business customers; vendors and service providers; our Site and online services;
Internet service providers; operating systems and platforms; marketing list
providers; trade show sponsors; social networks; government entities;
third-party advertising networks; and marketing and data analytics providers.
Purposes of Collection, Use, and Disclosure. As further described in Section 3.
How We Use Personal Data, in general, we collect and otherwise process personal
information for the following business or commercial purposes and as otherwise
directed or consented to by you: providing services and support;,
communications; analytics and improvement; customization and personalization;
marketing and advertising; planning and managing events; research and surveys;
security and protection of rights; legal proceedings and obligations; general
business and operational support.
Retention. We retain the personal information we collect as reasonably necessary
for the purposes described above or otherwise disclosed to you at the time of
collection. We retain personal information as necessary to comply with our tax,
accounting, operational and recordkeeping obligations, to provide you with the
services you have requested, to protect, defend or establish ours and others’
rights, defend against potential claims, and comply with our legal obligations.
In some cases, we may deidentify or aggregate personal information in compliance
with the CCPA.
California Privacy Rights. The CCPA provides California residents with specific
rights regarding personal information. In general, California residents have the
following rights with respect to their personal information, subject to certain
conditions and exceptions:
* Right to Know. You have the right to request: (i) the categories or personal
information we collected about you; (ii) the categories of sources from which
the personal information is collected; (iii) our business or commercial
purposes for collecting, selling, or sharing personal information; (iv) the
categories of third parties to whom we have disclosed personal information;
and (v) a copy of the specific pieces of personal information we have
collected about you.
* Right to Delete. You have the right to request we delete personal information
we have collected from you.
* Right to Correct. You have the right to request that we correct inaccuracies
in your personal information.
* Right to Opt-Out of Sales and Sharing. To exercise your right to opt-out of
the “sale” or “sharing” of your personal information, please click here or
use the Do Not Sell or Share My Personal Information link at the bottom of
our website.
You also have the right to opt-out of “sales” and “sharing” of your personal
information through the use of an opt-out preference signal. If we detect
that your browser or device is transmitting an opt-out preference signal,
such as the “global privacy control” or “GPC” signal, we will opt that
browser or device out of cookies that result in a “sale” or “sharing” of your
personal information. If you come to our website or use our services from a
different device or from a different browser on the same device, you will
need to opt-out or use an opt-out preference signal for that browser and/or
device as well.
* Right to Limit Use of Sensitive Personal Information. You have the right to
limit use and disclose of your sensitive personal information. We do not
currently use or disclose sensitive personal information beyond the purposes
authorized by the CCPA. If our practices change, we will provide this right.
* Right to Non-Discrimination. You have the right not to be subjected to
discriminatory treatment for exercising any of the rights described in this
section.
Exercising Your Rights
If you are a California resident and would like to exercise your CCPA rights,
you may do so via any of the methods described below:
* Calling us collect at 512-982-4400
* Emailing us at personifyprivacy@personifycorp.com
* Writing to us at: Personify, Attn: Security Officer, 7010 Easy Wind Drive,
Suite 210 Austin, Texas 78752
Verification. We will take steps to verify your request by matching the
information provided by you with the information we have in our records. In some
cases, we may request additional information in order to verify your identity,
or where necessary to process your request. If we are unable to verify your
identity after a good faith attempt, we may deny the request and, if so, will
explain the basis for the denial.
Authorized Agents. You may designate someone as an authorized agent to submit
requests and act on your behalf. Authorized agents will be required to provide
proof of their authorization in their first communication with us and we may
also require that the relevant consumer directly verify their identity and the
authority of the authorized agent.
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