Privacy Policy

Last updated: 4/28/2015

1. Notice

We at Persado, Inc. (“Persado,” “we,” “us,” or “our”) created this Privacy Policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy explains the conditions under which and the purposes for which we collect and use your Personal Information in connection with your use of our Salesforce Marketing Cloud application (“App”) and website located at http://www.persado.com/ (“Site”), the third parties to whom we disclose your Personal Information, and the choices and means, if any, we offer you for limiting the use and disclosure of your Personal Information. We will provide you with notice of such practices in clear and conspicuous language when you are first asked to provide Personal Information to us, or as soon as practicable thereafter, and in any event before: (a) we use your Personal Information for a purpose other than that for which it was originally collected; (b) your Personal Information is processed by a transferring organization; or (c) we disclose your Personal Information for the first time to a third party. As discussed in this Privacy Policy, we will disclose your Personal Information as described in Section 5 (“How We Disclose Your Information/Onward Transfer”).

Presado has received TRUSTe’s Privacy Seal signifying that this privacy policy and our practices have been reviewed for compliance with the TRUSTe program viewable on the validation page available by clicking the TRUSTe seal.

TRUSTe European Safe Harbor certification

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact TRUSTe at https://feedback-form.truste.com/watchdog/request.

The TRUSTe program covers only information that is collected through the Site and data collected and processed via the App. The TRUSTe program does not cover information that may be collected through software downloaded from the Site.

The procedures for modifying or changing this Privacy Policy in the future are discussed in Section 9 below.

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.

Persado complies with the U.S.–E.U. Safe Harbor framework and the U.S.–Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Persado has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Persado’s certification, please visit http://www.export.gov/safeharbor/.

We self-certify compliance with

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 App, 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 our App, 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.

    • Information Obtained from Salesforce Marketing CloudIf you use our App which runs on the Salesforce Marketing Cloud service, we may also obtain certain Personal Information that you have provided to Salesforce Marketing Cloud and your Salesforce Marketing Cloud account data from Salesforce Marketing Cloud. This account data may include Personal Information about your customers. We collect Personal Information about individuals to whom ads are targeted (“Consumers”) under your direction, and we have no direct relationship with Consumers whose Personal Information we process.You authorize us to collect, store, and use any and all such information from Salesforce Marketing Cloud in accordance with this Privacy Policy. This Privacy Policy governs our collection, use and disclosure of this information. It does not govern, and we have no control over and will have no responsibility or liability for collection or use of your information by Salesforce Marketing Cloud. Please see Section 11(E) for more information about Salesforce Marketing Cloud’s privacy practices.

 

    • Modifying Your ProfileWithin the Salesforce Marketing Cloud, if you want to modify Personal Information that you have provided to us, you can do so by clicking on the “Settings” link on the menu on the top of the screen. This will allow you to change or update your profile.

B. Collection of Non-Personal Information.

Like most web sites, we use automatic data collection technology when you use the App or Site to record information that identifies your computer, to track your use of our App or Site, 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 App or Site you visit, and similar information concerning your use of the App or Site (the “Usage Information”). We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs).

    • CookiesCookies are small packets of data that a web site or app stores on your device so that your device will “remember” information about your visit. We may use cookies to track the pages that you visit during each Site or App session, both to help us improve your experience and to help us understand how this Site or App is being used.IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR DEVICE, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING THIS SITE OR APP, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THIS SITE OR APP MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

 

    • Clear GifsClear 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 or App 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.

 

    • Third Parties’ Use of Clear Gifs and CookiesThis Site and App may include third-party advertising, links to other sites, and other content from third party businesses. The content posted by these parties will be reasonably identifiable as coming from a third party. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use clear gifs and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective sites to the Site or App, but this third party technology does not permit them to access your Personal Information.We do not have access to or control over clear gifs or cookies that these third parties may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Privacy Policy but are covered by their respective privacy policies as is described in more detail in Section 11 below.If you wish to not have this information 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.

 

    • Log FilesWe 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.

 

    • Other Tracking TechnologiesTechnologies such as tags and scripts 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.

We will use your Personal Information for any purpose related to our business, including without limitation the following: (i) to respond to your requests and to provide you with the Site and App; (ii) to respond to your inquiries and contact you about changes to the Site or App; (iii) to send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving; (iv) for billing and collection purposes; (v) to improve the App; (vi) to contact you regarding other products or services we offer; (vii) for any other purposes disclosed at the time the information is collected or to which you consent; and (viii) as otherwise specifically described in this Privacy Policy.

We may also use your information to improve our App, and we may use cookies and other information to enable us to customize your user experience.

  • Personal Information about ConsumersWe 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 App, Site or service, please contact our client, the data controller, with whom you directly interact.

B. Data Integrity.

We will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you as set forth in this Privacy Policy. We will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.

C. Non-Personal Information.

We analyze Non–Personal Information gathered from users of the Site and App to help us better understand how this Site and App are being used. By identifying patterns and trends in usage, we are able to better design this Site and App 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:

    • SurveysFrom time to time, we may ask you to participate in surveys for our general business and marketing purposes. Any Personal Information provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

 

    • Contests, Giveaways and other Promotions.From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personal Information at the time you sign up for the promotion. You will not be required to participate in any promotion.

 

    • 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 or App 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 Safe Harbor principles. Transfers of Consumers’ Personal Information to subsequent third parties are covered by the service agreements with our clients.

 

    • 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 or court order; (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, App or Site 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.

 

    • Business Transfers; Bankruptcy.We reserve the right to transfer all Personal Information in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.

 

    • 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 info@persado.com. You may also choose to unsubscribe from our emails by following the instructions at the bottom of each email for opting out.

 

    • TestimonialsWe 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.

 

    • Social Media WidgetsOur Site includes social media features, such as the Facebook Like button and social media widgets. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

B. Choice

Users located in the EEA 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 App and Site users in the aggregate, such as by publishing a report on trends in the usage of the App and Site.

6. Security.

We maintain generally accepted administrative, technical and physical safeguards to protect and secure your information and information processed within the App 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, e-mail 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 e-mail.

7. Accessing and Modifying Account Information.

We have no direct relationship with Consumers whose personal data we processes. A Consumer who seeks access, or who seeks to correct, amend, or delete inaccurate data 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.

App users may update Personal Information that is stored in their App user account by visiting the Settings page in the App. Site uses may update their Personal Information by contacting our Chief Privacy Officer at the address provided in Section 13 (“How to Contact Us”) below.

8. Children

The Site and App are not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the internet without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information or any other information or content to us, please email us at info@persado.com, and we will endeavor to delete it from our databases. Please be advised, however, that the removal of such materials from our databases does not ensure complete or comprehensive removal of such materials from our App or Website.

9. Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to change this Privacy Policy from time to time. We will alert you by email if this policy is revised (if you have given us your email address), and we will post a copy of the new policy with its effective date on this Site. It is therefore important that you notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this policy to ensure that you are informed of any changes.

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 websites or use our services.

11. Collection and Use of Information by Third Parties.

A. General

The App and Site 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.

Third parties are under no obligation to comply with this Privacy Policy with respect to Personal Information that you provide directly to those third parties or that those third parties collect for themselves. This Privacy Policy does not apply to information provided to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site, whether by means of a link on our App or Site or otherwise, and before providing any Personal Information to any third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that site, and should take those steps necessary to your discretion, to protect your privacy.

B. Third Party Collection of Your Credit Card Information

If you choose to submit materials to us, our third party credit card processor (currently Merchant e-Solutions) will process your credit card. All such transactions will be governed by the Merchant e-Solutions privacy policy at https://www.merchante-solutions.com/pages/oma/nmes/nmes.html. We do not receive or store credit card information on our servers. We receive a transaction “token” and a one-time use ID number so we can validate that the transaction has been successfully completed, areas of this App that collect your Personal Information use industry standard secure socket layer encryption; however, to take advantage of this your browser must support encryption protection.

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 App. 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/.

D. Jobvite

We may use Jobvite to recruit potential employees. If you use the Jobvite service, Jobvite may collect Personal Information and Non-Personal Information from you. You can find out more about what information Jobvite collects and how they use and disclose this information here: https://www.jobvite.com/privacy-policy/. If Jobvite provides your Personal Information to us, our policies with respect to that Personal Information are described in this Privacy Notice.

E. Salesforce Marketing Cloud

Our App runs on the Salesforce Marketing Cloud Platform. If you use our App, Salesforce Marketing Cloud may collect Personal Information and Non-Personal Information from you. You can find out more about what information Salesforce Marketing Cloud collects and how they use and disclose this information here: http://www.salesforce.com/company/privacy/full_privacy.jsp. If Salesforce Marketing Cloud provides your Personal Information to us, our policies with respect to that Personal Information are described in this Privacy Notice.

13. Enforcement.

If we become aware that the security of the Site or App 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.

If we become aware that your Personal Information has been disclosed in a manner not permitted by this Privacy Policy, we will make reasonable efforts to notify you, as soon as reasonably possible and as permitted by law, of what Personal Information has been disclosed, to the extent that we know this information.

Individuals who wish to file a complaint or who take issue with our EU Safe Harbor policies should direct such communication to our Chief Privacy Officer via e-mail or written communication at the address provided in Section 13 below. Our Chief Privacy Officer will explain the process to be followed when filing a complaint. Filing a complaint in English will expedite the process. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

Persado participates in the EU and Swiss Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework.

Please click here for contact information. TRUSTe’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:

 

Federal Trade Commission

Attn: Consumer Response Center

600 Pennsylvania Avenue NW

Washington, DC 20580

consumerline@ftc.gov

www.ftc.gov

How to Contact Us.

If you have questions about this Privacy Policy, please contact us at:

Senior Director of Legal

EU Safe Harbor

Persado, Inc.

11 East 26th Street

New York, NY 10010, U.S.A.
info@persado.com