Last updated: March 9, 2020
Particularly Important Information
Who we are: For the purpose of applicable data protection legislation, the data controller of Personal Information is UsableNet, Inc. a Delaware corporation, with offices at 500 7th Avenue, 8th Floor, New York, New York 10018 United States, and its subsidiaries.
Must Read Sections: We draw your attention in particular to the sections entitled “International Data Transfer” and “Your Rights.”
Changes to this Policy: We will post any modifications or changes to the Policy on our Site. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed.
1. Purposes of Processing
What is Personal Information?
We collect information about you in a range of forms, including Personal Information. As used in this Policy, “Personal Information” means information that directly or indirectly helps identify you (such as a name, address, telephone number, email address, or other account number) and information about your activities, such as information about your use of the Site, our products or services, when directly linked to personally identifiable information. Personal Information also includes demographic information such as date of birth, gender, geographic area and preference when such information is linked to other Personal Information that identifies you. Personal Information encompasses “personal data” as defined within the European Union’s General Data Protection Regulation (“GDPR”) and any successor legislation.
Personal Information does not include “aggregate” information, which is data we collect about your use of the Site or about a group or category of products, services, or users, from which individual identities, identifiable information or other Personal Information has been irreversibly removed. In other words, information about how you use a service may be collected, de-identified, and then combined with information about how other users use the same service. Aggregate data helps UsableNet understand trends and users’ needs so that we can better consider new features or otherwise tailor our offerings. This Policy in no way restricts or limits our collection and use of aggregate information.
Why do we need your Personal Information?
We will only collect and/or process your Personal Information in accordance with applicable data protection and privacy laws and will adhere to this Policy. We need certain Personal Information in order to provide you with access to the Site, and may use your Personal Information in accordance with this Policy. If you created a profile/registered with us, you were asked to agree to provide certain information in order to be contacted with more information or view our content. This consent provided us with the legal basis to process your Personal Information. As we explained at the point where your consent was provided, You maintain the right to withdraw such consent at any time. If you do not agree to our use of your Personal Information in line with this Policy, please do not use our Site.
2. Collecting Your Personal Information
We collect information about you in the following ways:
Information You Give Us. This includes:
- the Personal Information you provide to us;
- the Personal Information you provide when you report a problem with our Site or when we provide you with customer support; and
- the Personal Information you provide when you correspond with us by phone, email or otherwise.
Information Automatically Collected. We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, identify an initial public IP address to identify where you are located, we log your computer or mobile device operating system name and version, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect this information about you using cookies. Please refer to the sections on Cookies, Flash Technology, and Pixel Tags below.
What are cookies?
We may collect information using “Cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.
We use two broad categories of Cookies: (1) first party Cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third party Cookies, which are served by service providers on our Site, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our site uses the following types of Cookies for the purposes set out below:Type of Cookie | Purpose
Essential Cookies | These Cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request load quickly. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
Functionality Cookies| These Cookies allow our Site to remember choices you make when you use our Site, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customize. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.
Analytics and Performance Cookies | These Cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.
We use Google Analytics for this purpose. Google Analytics uses its own Cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics Cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.
Targeted and advertising Cookies | These Cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These Cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place Cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites.
You can disable Cookies which remember your browsing habits and target advertising at you by visiting: http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising Cookies, you will still see advertisements but they may not be relevant to you. Even if you do choose to remove Cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some Cookies and tailored advertisements from companies that are not listed.
Social Media Cookies | These Cookies are used when you share information using a social media sharing button or “like” button on our Site or within our products and services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.
You can typically remove or reject Cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept Cookies until you change your settings.
Further information about Cookies, including how to see what Cookies have been set on your computer or mobile device and how to manage and delete them, visit: www.allaboutcookies.org and www.youronlinechoices.com.uk.
4. PIXEL TAGS
We may also use “Pixel Tags” (which are also known as web beacons and clear GIFs) on our Site to track the actions of users on our Site. Unlike Cookies, which are stored on the hard drive of your computer or mobile device by a website, Pixel Tags are embedded invisibly on webpages. Pixel Tags measure the success of our marketing campaigns and compile statistics about usage of the Site, so that we can manage our content more effectively. The information we collect using Pixel Tags is not linked to our users’ Personal Information.
5. Using Your Personal InformationWe may use your Personal Information as follows:
- to operate, maintain, and improve our Site, products, and services;
- to evaluate your registration or application for our products and services;
- to deliver the services you request, manage your account, including to communicate with you regarding your account;
- to respond to your comments and questions and to provide customer service;
- to send information including technical notices, updates, security alerts, and support and administrative messages;
- with your consent, to send you marketing e-mails about upcoming promotions, newsletters, new products, services, webinars, training seminars and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out”. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;
- to link or combine user information with other Personal Information;
- as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and
- as described in the “Sharing of your Personal Information” section below.
6. Sharing Your Personal Information
We may share your personal data as follows:
- Third Parties Designated by You. We may share your Personal Information with third parties where you have provided your consent to do so.
- Our Third Party Service Providers. We may share your Personal Information with our third party service providers who provide services such as data analysis, distribution partners, resellers, HR services, information technology and related infrastructure provision (such as Amazon Web Services), customer service, email delivery, auditing and other similar services. These third parties are only permitted to use your Personal Information to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your Personal Information.
- Third Party Advertisers. We may share Personal Information with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Affiliates. We may share some or all of your Personal Data with our affiliates, in which case we will require our affiliates to comply with this Policy. In particular, you may let us share Personal Information with our affiliates where you wish to receive marketing communications from them.
- Corporate Restructuring. We may share Personal Information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- Other Disclosures. We may share Personal Information as we reasonably believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
7. Children’s Privacy
UsableNet’s products and services are not targeted to or intended for children below the age of 13. If a user is not of sufficient age to enter legally binding agreements in the applicable jurisdiction, that user may not use UsableNet products unless necessary parental consent has been obtained. If it is believed that UsableNet has received information from a person protected under child protection laws where necessary parental consent was not obtained, please notify UsableNet immediately, and steps will be taken to securely remove that information. UsableNet does not knowingly use Personal Information from children for any purpose except to deliver the products that are committed to UsableNet clients. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please notify us using the contact details contained in this Policy.
8. Anonymous Data
When we use the term “Anonymous Data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.
We may create Anonymous Data from the Personal Information we receive about you and other individuals whose Personal Information we collect. Anonymous data might include analytics information and information collected by us using Cookies. We make Personal Information into Anonymous Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data for our own purposes, including the ability to analyze usage patterns in order to make improvements to our Site.
9. Third Party Sites
Our Site may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them. For example, we may link to social media pages through widgets on our Site or we may provide links to industry reports.
10. International Data Transfer
Your information, including Personal Information that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Site, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the contact details in this Policy.
We will only retain your Personal Information as long as reasonably required for you to use the Site unless a longer retention period is required or permitted by law (for example for regulatory purposes).
13. YOUR RIGHTS
- Opt-out You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive Personal Information; (iv) any new processing of your Personal Information that we may carry out beyond the original purpose; or (v) the transfer of your Personal Information outside the European Economic Area. Please note that your use of some of the Site may be ineffective upon opt-out.
- You may request what access UsableNet has about you at any time by contacting us directly.
- You can also contact us to update or correct any inaccuracies in your Personal Information.
- Your Personal Information is portable – i.e. you to have the flexibility to move such data to other service providers as you wish.
- Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your Personal Information.
If you wish to exercise any of these rights, please contact us using the details in Section 16 below. In your request, please make clear: (i) what Personal Information is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will use commercially reasonable efforts to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes, legal purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolve any complaints about our collection or use of your Personal Information. If you would like to make a complaint regarding this Policy or our practices in relation to your Personal Information, please contact us at: email@example.com. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority, which for the United Kingdom, is the Information Commissioner’s Office.
15. Contact Information
We welcome your comments or questions about this Policy. You may contact us in writing at firstname.lastname@example.org.
16. EU-U.S. PRIVACY SHIELD
UsableNet complies with the EU-U.S. Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov.
As described in the Privacy Shield Principles, UsableNet is accountable for Personal Information that it receives and subsequently transfers to third parties. If third parties that process Personal Information on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, UsableNet commits to resolve complaints about our collection or use of your Personal Information. European Union individuals with inquiries or complaints regarding this Policy should first contact us at: email@example.com.
17. California Privacy Rights
Residents of California have the right to:
- Know what Personal Information we collect about you and from where we collect it;
- Access a copy of the Personal Information we hold about you; Understand how we process your Personal Information and how it may be shared;
- Opt out of having your Personal Information shared with certain third parties; and
- Request we delete your Personal Information.
- To make such a request, please send an email to firstname.lastname@example.org.
- Federation Trade Commission
UsableNet, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission.
18. EMPLOYEE PERSONAL DATA
UsableNet commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to human resources data transferred from the European Union in the context of the employment relationship. Please contact us to be directed to the relevant DPA contacts.