Privacy Policy (Updated April 14, 2020)

This Privacy Policy shall apply to all information Convertiv, LLC receives from you, including via a visit to www.convertiv.com and any domains and affiliated websites, all of which we refer to in this Privacy Policy collectively as the “Site”.  This policy also covers any information obtained about you as a result of your use of the Site, as well as any information you provide to us and any information we may collect about you from third party sources in connection with your acquisition of goods and services.

We use the terms “we”, “us”, “Convertiv” or the “Company” in this Privacy Policy to refer to Convertiv, LLC, a Massachusetts limited liability company.

Please read this Privacy Policy carefully.  By using the Site or otherwise submitting information to us or our partners or affiliates in any format, you agree to be bound by this Privacy Policy.

Respecting Your Privacy

Convertiv values its relationship with you and respects your privacy. We have provided this Privacy Policy in order for you to know how we protect the information you provide while visiting the Site, through our interactions with you, or utilizing our services or those of our partners or affiliates, what other information may be collected, and how and under what circumstances such information is used and disclosed.  If you use the Site and provide information requested on the Site or otherwise, then you do so in full agreement with the terms and conditions described in this Privacy Policy.

Information Gathering

We may collect information about you, and your use of the Site, in several different ways:

1. User Submitted Data is information you personally elect to provide, such as your name and address, whether by means of typing the information into a form, providing information in an email, or otherwise;
2. Browser Derived Data is information we collect from your use of the Site – for example, the fact that you are accessing the Site using a smartphone; and
3. Third Party Data is information we may obtain about you from third party sources, such as communications and customer service providers.

Our collection and use of these types of information is covered by this Privacy Policy as described below.

User Submitted Data

User Submitted Data is information that identifies you as an individual, such as your name, mailing address, email address, and home and/or wireless telephone numbers. This information is typically collected from you when you visit the Site and submit a form to request contact or information about a product or service; it may also include your contact preferences and professional information such as job title.  User Submitted Data also includes information obtained from you by phone, a mobile application, email, a service provider, or any other means.

If you provide information to us about others, we will only use the information provided for the specific reason for which it is provided.

We may use User Submitted Data for several purposes, including without limitation to:

• provide a requested service or product, which includes updating, securing and troubleshooting, as well as providing customer service and support,
• respond to your questions,
• send you information about the Company and its products and services,
• send you information regarding the Site, changes to our terms, conditions, and policies, and other administrative information,
• personalize your experience on the Site and with Convertiv, and with our partners and our affiliates (if any), including by presenting products and offers tailored to you, and
• assist with our business purposes, such as analyzing and managing our business and performance, improving our services and products and developing new ones, gauging customer satisfaction, meeting our legal obligations, detecting and preventing fraud, and conducting research.

User Submitted Data you provide through the Site may be combined with other information you provide (via online or offline means), with demographic information and other information that is publicly available, or with other information about you that we may otherwise obtain online or offline.

We may disclose User Submitted Data to:

• our agents, employees, contractors and affiliates for the purposes described in this Privacy Policy,
• our business partners, and their agents and affiliates, that play a role in a transaction with you,
• third party service providers that provide services for us such as website hosting, data analysis, payment processing, order fulfillment, IT services, customer service, email delivery services and other similar services, in each case to enable them to provide such services,
• identify you to anyone to whom you send messages through the Site or otherwise, and
• a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or equity (including in connection with any bankruptcy or similar proceedings).

Our agents, employees, contractors and affiliates have access to your User Submitted Data on a need-to-know basis for the purpose of providing goods and performing services on our behalf.  All such individuals and entities with access to such information have agreed to keep such information confidential and abide by the terms of this Privacy Policy, and not to use any such information other than to provide the goods and carry out the services they are performing on our and your behalf, or as otherwise required by law.

The parties with whom we share your User Submitted Data may in turn share that information with others in order to fulfill transactions with you.  They may contact you directly at the phone number(s) or email address(es) you provide to collect additional information, answer questions, complete transactions or provide you with information about other products and services (even if, in the case of phone calls, you have registered the phone number(s) provided on local or national Do Not Call lists).

In addition, we may partner with third parties to collect information on the Site to engage in analysis, research and development.  These third parties may set and access cookies and other technologies, as described more in this Privacy Policy.  We assume no responsibility or liability for the policies or practices of any such third parties.  We strongly urge users to review the laws and practices of the third parties with which we conduct business.

We will not rent, sell or license any User Submitted Data constituting personal information or potentially personally-identifying information to any third parties.

Browser Derived Data

Browser Derived Data is information that is not submitted by you but rather is provided by or results from your access and use of the Internet and an Internet browser to connect to the Site.  (Note that in the State of California and some countries, including those in the European Union, Browser Derived Data may be considered personal information under data protection laws.)  Browser Derived Data includes browser specific information such as browser type, IP address, Internet Service Provider or “ISP” information, server log file information, referring/exit pages, date/time stamps, information collected through cookies, pixel tags and other technologies, and location information.

We receive Browser Derived Data by your access to the Site, including in the following manner:

• Certain information is collected by most internet browsers, such as type of computer or other device, model, manufacturer, operating system, browser software details, and network connection type.
• Your “IP address” is a number that is automatically assigned to the computer or device that you are using by your ISP. An IP address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We use IP addresses for purposes such as calculating usage levels of and engagement with the Site, helping diagnose server problems, and administering the Site.
• Cookies allow a web server to transfer data to a computer or device for recordkeeping and other purposes. We and our partners use cookies, analytics, remarketing and other similar tracking technologies as described in this Privacy Policy. A cookie enables the Site to label you as a particular user, but it does not identify you by name or address unless you have provided such information or set up preferences in your browser to do so automatically. If you do not want information collected through the use of cookies, your internet browser has a tool to disable cookies and you may block their use when you visit the Site.
• We may use applications, including mobile applications or widgets, to collect information from you.
• The Site may also use pixel tags, web beacons, clear GIFs or other similar technologies, as described below. These may be used to, among other things, track the actions of the Site’s users and compile statistics about the Site’s usage and response rates.

We may use Browser Derived Data and other data that does not identify you personally for any purpose, except where we are required to do otherwise under applicable law. Browser Derived Data may also be provided to data cooperatives that collect and index such data for analytical purposes. Such information is anonymized and aggregated such that no personal information is included or accessible; Convertiv uses it to better understand our customers, markets and trends.  Although we believe that each of the third parties to which we provide information employ reasonable and adequate data privacy and security measures, we can give no guarantees.

In some instances, we may combine Browser Derived Data with User Submitted Data (such as combining your name with your geographical location).  If we combine any Browser Derived Data with User Submitted Data, the combined information will be treated by us as User Submitted Data as long as it is combined.

We may share, rent, sell or license Browser Derived Data regarding our users to third parties, including service providers and data cooperatives, but not in a manner in which the recipient would be able to identify you personally.

Third Party Data

Third Party Data is information that is not submitted directly by you but that is instead provided by third party service providers in connection with our fulfillment of a transaction for you.  If required, your consent will be obtained before such third party data is obtained.

We may use Third Party Data for several purposes, including to

• assist with the fulfillment of a transaction you requested,
• respond to your questions,
• provide you with updates and announcements concerning our products and services,
• personalize your experience on the Site by presenting products and services tailored to you, and
• assist with our business purposes, such as analyzing and managing our businesses, improving our services and products and developing new ones, and gauging customer satisfaction and providing customer service (including troubleshooting in connection with customer issues).

We may combine Third Party Data with User Submitted Data (such as combining your name with your application history).  The combined information will be treated by us as User Submitted Data.

Other Use and Disclosure

We also may use and/or disclose User Submitted Data, Browser Derived Data and/or Third Party Data as we believe to be necessary or appropriate to:

• comply with applicable law or respond to legal process,
• respond to requests from public and governmental authorities, including public and government authorities outside the United States,
• enforce this Privacy Policy and any terms of use governing the Site and our products and services,
• protect our operations or those of any of our partners, affiliates or clients,
• protect our rights, privacy, safety and property, and those of our partners, affiliates, clients, you or others,
• operate and maintain the security of the Site, our products and services, including to prevent or stop an attack on our computer systems or networks,
• allow us to pursue available remedies or limit the damages that we may sustain, and
• as otherwise permitted by law, including laws of jurisdictions outside the United States and/or the country of your residence.

As noted above, in certain situations we may be required to disclose personal data in response to lawful requests from public or governmental authorities, including to meet national security or law enforcement requirements.  We may also disclose your personal information as required by law, such as to comply with a subpoena, when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others, or to investigate fraud.

Linked Sites

This Privacy Policy does not address, and we are not responsible for, the privacy, security or other practices of any third party websites (if any) to which we may include a link on or are otherwise integrated with the Site. Such links are provided for your convenience only. We are not endorsing, in any manner, any of the linked sites that may be referenced in or linked to the Site and Convertiv specifically disclaims any responsibility if such third party sites do not provide adequate security for your personal information.  We encourage you to read the terms of use and privacy policies of any such linked third-party site, as they may differ from ours. This Privacy Policy covers only the use of your information by Convertiv.

Additionally, certain personal information may be made available to third parties using an Application Programming Interface, or “API.”  Use of third party applications developed using our API, if any, are subject to the terms of use and privacy policies of such third party developers.

Remarketing and Retargeting

We may use third-party remarketing services (such as Google AdWords, AdRoll and Facebook) to advertise on third-party websites to previous visitors of the Site. It could mean that we advertise to previous visitors who haven’t completed a task on the Site. This could be in the form of an advertisement or posting on the Google search results page, Facebook, or various other websites within these networks or on the Internet generally.  Any data collected will be used in accordance with this Privacy Policy and the privacy policies of these third-party remarketing services. You can set your preferences for how these services advertise to you by visiting our and their consumer opt-out pages.

Cookies

A “cookie” is a small text file placed on a website visitor’s device to help improve the visitor’s access to and use of the site and identify repeat visitors.  Convertiv uses cookies and similar tracking technologies to, among other things, store your preferences and settings, store information you provide to the Site, and authenticate you.  Cookies also enable us to track and target the interests of users to enhance the experience of the Site.  In addition, companies with which we may have relationships, like data cooperatives or those that may deliver content to the Site, may utilize cookies for their own purposes.

You can control the data stored by cookies, and withdraw consent to cookies, by using browser-based cookie controls, which allow you to block or delete them and also by notifying us of your desire not to be tracked by us using cookies (including opting out of receiving Internet-based advertising form us).  If you choose to block cookies, some features may not be available to you.

Web Beacons and Analytics Services

Some of our webpages may contain electronic tags known as web beacons that we use to help deliver cookies to the Site and count users who have visited the Site, among other things.  We may also include them and similar technologies in our electronic communications to determine whether you open and act on them.

In addition to placing web beacons on our own sites, we may work with companies to place our web beacons on their sites, and vice versa.  Some uses for web beacons and other technologies (such as pixel tags and clear GIFs) are to help manage online and email advertising campaigns and strengthen the effectiveness of such campaigns. For example, if we or a vendor has placed a unique cookie on your computer, the vendor may use a pixel tag to recognize the cookie during your visit to the Site and learn which of our online advertisements brought you to the Site, and the vendor may provide us with such Browser Derived Data for our internal use.  Please note we may link such Browser Derived Data provided to us by our vendors to User Submitted Data about you that we have previously collected. Such combined information will be treated as User Submitted Data hereunder as long as it is so combined, as noted above.

Security Measures

We employ a variety of commercially reasonable organizational, technical and administrative measures to protect User Submitted Data under our control and prevent its unauthorized access, use or disclosure. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  Consequently, we cannot guarantee or warrant the security of any User Submitted Data, which you transmit at your own risk.  Please contact us if you believe your communications with, or information provided to, Convertiv have been compromised or used or disclosed in violation of this Privacy Policy.  Contact information is included below.

Retention of Information

We retain personal information where we have an ongoing legitimate business need to do so (e.g. to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). When we have no ongoing legitimate business need to process personal information, we will either delete or anonymize it. If this is not possible (e.g. because personal information has been stored in backup archives), we will securely store personal information and isolate it from any further processing until deletion is possible.

Access by Minors

Our Site is not intended for or directed to individuals under the age of 13.  We request that these individuals not provide User Submitted Data through the Site.  If you become aware that information has been submitted by or collected from a child under the age of 13, please contact us directly at:

Convertiv, LLC

3 Post Office Square

Fifth Floor

Boston, MA 02109

Email:  hello@convertiv.com

Once such a request has been received and verified, we will delete the information collected within a reasonable time.

Sensitive Personal Data

We ask that you not send or disclose to the Company any sensitive personal information about yourself and your identity via the Site.  We do not collect via the Site for any purpose, nor do we have any need for, your social security number, race, religion, national origin, work history, political participation, health information, criminal background, or similar information.

In the event you are requested to provide such personal information to enable us or our partners or affiliates to fulfill a transaction with you, make and process payments, or facilitate interactions with third party service providers, such information should only be submitted directly to the individual or entity authorized to make such request related to a proper business purpose.  It is always your choice as to whether to provide such personal information.  If you elect not to provide the personal information, we and/or our partners and affiliates may not be able to engage in a transaction with you.  Sensitive personal data is considered User Submitted Data under this Privacy Policy and treated accordingly.

In the event we were to ever collect highly sensitive information, such as social security number, date of birth and payment information, we would restrict access to such information to those employees, agents and others who have a business need to know to provide you products and services and use such information only as permitted by law.

Other Information

Any communication or material you provide or transmit to the Site that is not User Submitted Data, such as questions, comments or suggestions, will be treated as non-confidential and non-proprietary and may be used by Convertiv for any purpose without restriction or obligation to you.

Your Control over Your Information and Opting Out

You have choices when it comes to the information you share. When we ask you to provide personal data, you can decline.  Some of our products and services may require personal data to provide you with such product or service. If you choose not to provide the information required, you cannot use that product or service. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product or service you’re using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional, and you choose not to share personal data, features like personalization that use such data will not work for you.

At any time:

• if we have collected and processed your personal information with your consent, you can withdraw your consent,
• you may opt out of any future contact from us;
• you can request access to, or that we change, update or delete, your personal information;
• in addition, if you are a resident of the European Economic Area, you canobject to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information; and/or
• you have theright to complain to a data protection authority about our collection and use of your personal information.

You can do so by contacting us at the email address or phone number provided in this Privacy Policy and on the Site.

Changes to this Privacy Policy

Convertiv may at any time in its sole discretion, and without notice, revise this Privacy Policy by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Privacy Policy.  The date of the most recent update is noted above and below.  Your continued use of the Site after any change(s) will constitute acceptance of such change(s).

Law and Jurisdiction

This Privacy Policy is governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its choice of law provisions, except where preempted by federal law. The courts of general jurisdiction located within the City of Boston, Massachusetts, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning this Privacy Policy or in matters in which this Privacy Policy is a material fact.

In the event that a court of competent jurisdiction holds any provision of this Privacy Policy to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions.

The Site is controlled, operated and intended for use solely within the United States of America.  That said, our business may include work outside the United States and our use of information may involve the transmission of data on an international basis.  If you are located outside of the United States, note that the privacy laws governing our operations may not be as comprehensive as those of the jurisdiction in which you reside or are a citizen.  We do not represent or warrant that the Site, any content thereon, or any use of the Site or any such content are appropriate or lawful for use outside of the United States of America.  Use of the Site is void where prohibited.

We will take appropriate safeguards to require that users’ personal information will remain protected in accordance with this Privacy Policy. This includes implementing the European Commission’s Standard Contractual Clauses for transfers of personal information when required, which require companies to protect personal information they process from the European Economic Area in accordance with European Union data protection law.

Contact Us with Questions or Comments

If you have any questions about the Privacy Policy, please contact us at the address above or at hello@convertiv.com.

If You Are a California Resident

If you are a California resident, we will adhere to and provide the rights granted to you under the California Consumer Privacy Act of 2018 (CCPA). This CCPA section of our Privacy Policy contains information required by the CCPA and supplements our Privacy Policy.

Personal Information We May Collect

The chart below shows the categories of personal information we collect, the sources of such personal information, and the primary business or commercial purposes for which we may use such information.  For all categories of personal information collected, we disclose personal information to our service providers and other third parties to help us accomplish the business and commercial purposes described below and in our Privacy Policy.

For the table, the list of examples is illustrative only and is not intended to be an exhaustive list.

Personal information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the CCPA’s scope such as health or medical information covered by the Health Insurance Portability and Accountability Act and personal information covered by sector-specific privacy laws like the Gramm-Leach-Bliley Act.

In all cases, we may use personal information to comply with applicable law or respond to legal process, respond to requests from public and governmental authorities, and in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or equity (including in connection with any bankruptcy or similar proceedings).

Sale

In the preceding 12 months, Convertiv has not sold any personal information.

Your CCPA Rights

Access

You have the right to request that we disclose what personal information we have collected about you (along with information regarding its use and disclosure) and, if applicable, sold, over the past 12 months upon appropriate verification. You may only make such requests twice per every 12 months.

Deletion 

You have the right to request that we delete personal information collected and maintained about you, subject to certain exceptions. Once your request is verified and we have determined that we are required to delete the information in accordance with applicable law, we will delete your personal information accordingly. Your request to delete your personal information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA, including to:

• Complete the transaction for which we collected the personal information from you,
• Detect security incidents and protect against malicious, fraudulent or illegal activity,
• Debug products,
• Comply with a legal obligation, or
• Make other internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Please note that a record of your deletion request may be kept pursuant to our legal obligations.

Exercising Your Rights

To exercise the access and deletion rights described above, please submit a verifiable request to us by emailing us at hello@convertiv.com.

Please note that you have a right to not receive discriminatory treatment for the exercise of your rights under the CCPA.

Verifying Your Request

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child. In the case of access and deletion, your request must be verifiable before we can fulfill such request.

Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or a person authorized to act on your behalf (e.g., previous transactions of person to whom request relates).  We may ask for additional information, such as your country of residence, email address, and phone number, to validate your request before honoring the request.

We will only use the personal information that you have provided in a verifiable request in order to verify your request. As stated above, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority.

Response Timing and Format

We will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive, or manifestly unfounded.

Your California Privacy Rights under the “Shine the Light” Law

Pursuant to Section 1798.83 of the California Civil Code (a separate law from the CCPA), residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us at hello@convertiv.com.

Do Not Track

We currently do not respond to any Do Not Track or similar signals.

Contacting Us

If you have any questions regarding our privacy practices as it relates to this CCPA Policy, please contact us via email at hello@convertiv.com with the subject line, ” CCPA Policy.”

Effective Date:  April 14, 2020