Effective Date: January 25, 2019.
1. Introduction and Overview.
ActionIQ collects information under the direction of its Customers, and has no direct relationship with the individuals whose information it processes on behalf of its Customers. ActionIQ acknowledges that those individuals have the right to access their Personal Information (defined below). If you are a customer of one of our Customers and have any questions or concerns regarding that organization’s privacy practices, or if you seek access to or wish to access, update, or remove your data, you should contact the Customer with whom you interact directly. If requested by our Customer to access, update, or remove data, we will respond within a reasonable timeframe. Please note that we will retain and use data collected on behalf of our Customers as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may also transfer Personal Information collected on behalf of our Customers to companies that help us provide our services.
2. Privacy Shield.
ActionIQ has applied to participate in the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union and European Economic Area. ActionIQ has certified or will certify to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability. For purposes of this section, ActionIQ refers to the following U.S. legal entities: ActionIQ, Inc.
In accordance with our obligations under the Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal information transferred from the European Union or European Economic Area in reliance on the Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal information and that processes such personal information in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.
For inquiries or complaints regarding our compliance with Privacy Shield, please e-mail us here or send us a letter to ActionIQ, 50 W 23rd St, Suite 6A, New York NY 10010 (Attention: Legal). If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Privacy Shield Principles.
To learn more about the Privacy Shield Framework, please visit http://www.privacyshield.gov. A list of companies certified under the Privacy Shield Framework is available at the following link: https://www.privacyshield.gov/list.
3. Information Collection.
A. Information You Provide.
We and our Service Providers (defined below) may collect information you provide directly via the Site. For example, we collect information when you contact us through the Site, apply for a job or otherwise communicate or transact with us through the Site.
The information we collect may include Personal Information. “Personal Information” is information that identifies you personally (whether alone or in combination), such as your first and last name, e-mail address, phone number, and postal address. You may choose to voluntarily submit certain other information to us through the Site, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not requested that you submit such information to us.
B. Information Collected Automatically.
The methods that may be used on the Site to collect Usage Information include:
• Log Information: Log information is data about your use of the Site, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
• Information Collected by Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, in-app tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Site or e-mails, including information about your browsing and activity behavior.
A cookie is a small text file that is stored on a user’s device, which may be a session ID cookie or tracking cookie. Session cookies make it easier for you to navigate the Site and expire when you close your browser. Tracking cookies help in understanding how you use the Site, and remain longer. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some features and functionalities of the Site may not work. The Site may associate some or all of these types of cookies with your devices.
o Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Site, to monitor how users navigate the Site, and to count content views.
o Embedded Scripts
An embedded script is programming code designed to collect information about your interactions with the Site. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Site, and deleted or deactivated thereafter.
o Location-identifying Technologies
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
o Device Fingerprinting.
Some information about your use of the Site and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by ActionIQ and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Site and certain Third Party Services.
For further information on Tracking Technologies and your choices regarding them, please see “Third Party Services, Social Features, Analytics, and Advertising” and “Your Choices” below.
C. Information from Other Sources.
4. Use of Information.
• Manage our Site and Software as a Service offerings;
• Respond to your comments, questions, and requests, and provide customer service;
• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
• Prevent and address fraud, breach of policies or terms, and threats or harm;
• Monitor and analyse trends, usage, and activities;
• Conduct research, including focus groups and surveys;
• Improve the Site or other ActionIQ websites, applications, software, marketing efforts, products and services;
• Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see “Your Choices” and “Your European Privacy Rights” below); and
• Fulfill any other purpose disclosed at the time you provide Personal Information.
5. Sharing of Information.
Our agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on our behalf. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.
• To comply with the law or other legal process;
• To protect the rights, property, life, health, security and safety of us, the Site or any third party;
• In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company;
• With our affiliates for internal business purposes;
• For purposes disclosed at the time you provide Personal Information; and
• With your consent or at your direction.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.
6. Third Party Services, Social Features, Analytics, and Advertising.
Our Site includes hyperlinks to websites, locations, platforms, or services operated by third parties (“Third Party Service(s)”). These Third Party Services may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you.
Certain functionalities on the Site permit interactions that you initiate between the Site and certain Third Party Services, such as third party social networks (“Social Features”). Examples of Social Features include “liking” or “sharing” our content and otherwise connecting our Site to a Third Party Service. If you use Social Features, and potentially other Third Party Services, information you post or provide access to may be publicly displayed on our Site or by the Third Party Service that you use. Similarly, if you post information on a Third Party Service that references our Site (e.g., by using a hashtag associated with ActionIQ in a tweet or status update), your post may be used on or in connection with our Site. Also, both ActionIQ and the third party may have access to certain information about you and your use of our Site and the Third Party Service.
We may use Google Analytics and other Service Providers for analytics services. These analytics services may use Tracking Technologies to help ActionIQ analyze Site users and how they use the Site. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Site, compiling statistic reports on the Site’s activity, and providing other services relating to Site activity and other internet usage.
We may also engage and work with third parties to serve advertisements on the Site and/or on Third Party Services. These third parties may use Tracking Technologies to tailor ads to your interests based on your browsing of the Site and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising (“Interest-based Advertising”), which may include sending you an ad on a Third Party Service after you have left the Site (i.e., “retargeting”).
For further information on Tracking Technologies and your choices regarding them, please see “Information Collected Automatically” above and “Your Choices” below.
7. Your Choices.
A. Accessing and Changing Your Information.
You have the right to access the Personal Information we have about you. You may access, update, or remove your information by sending an e-mail to us here. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
B. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove these technologies some parts of the Site may not work and that when you revisit the Site your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
C. Analytics and Advertising Tracking Technologies.
You may choose whether to receive Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices , and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). ActionIQ is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
You can opt-out of receiving certain promotional communications from us at any time following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail. Please note that your opt-out is limited to the e-mail address or device used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or ActionIQ’s ongoing business relations.
8. Your California Privacy Rights.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
If you are a California resident and wish to obtain information about our compliance with this law, please e-mail us here or send us a letter to ActionIQ, 50 W 23rd St, Suite 6A, New York NY 10010 (Attention: Legal). Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that ActionIQ is not required to respond to requests made by means other than through the provided e-mail address or mail address.
9. Your European Privacy Rights.
If you are a resident of the European Union or European Economic Area and would like us not to process your personal information (or provide it to third parties to process) for direct marketing purposes, please e-mail us here or send us a letter to ActionIQ, 50 W 23rd St, Suite 6A, New York NY 10010 (Attention: Legal). We will try to make the requested changes in our active databases as soon as reasonably practical.
The Site is intended for a general audience and not directed to children less than thirteen (13) years of age. ActionIQ does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe ActionIQ has collected such information in a manner not permitted by COPPA, please e-mail us here or send us a letter to ActionIQ, 50 W 23rd St, Suite 6A, New York NY 10010 (Attention: Legal), and we will remove such data to the extent required by COPPA.
11. Data Security.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Site.
13. Contact Us.
If you have any questions or comments about this policy, please e-mail us here or send us a letter to ActionIQ, 50 W 23rd St, Suite 6A, New York NY 10010 (Attention: Legal).