LiveSocial Privacy Policy

We at Seismic Software, Inc., D/B/A Seismic (“Seismic,” “we,” “us,” “our”) know that our users (“you,” “your”) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Seismic LiveSocial Privacy Policy. References to “Personal Information” in this Privacy Policy mean information and data that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information,” “personal information,” and “personal data” under applicable data privacy laws, rules, or regulations. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. By visiting or using www.LiveSocial.Seismic.com (“Website”) and domain name, and any other features, or the software (“Software”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@seismic.com

1. The Personal information We Collect

We may collect, receive, process, and store the following Personal Information: name, email address, social media handle, IP address and usage data when you use the Seismic LiveSocial website, Seismic applications, and Seismic platform technology. For example, we collect information when you view or share articles. This information may be used to enhance the service for all users and shared with third-party services as described in Sections 2 and 3 below.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Cookies: Like many websites, we use “cookie” technology to help us recognize you, collect additional website usage data (such as cookies or similar technologies improve your experience), and increase security. A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

Google Consent Mode: We use a Cookieless/Anonymous Google Analytics Tracking solution called Google Consent Mode. We prevent Google Analytics from storing a user-specific clientID in a cookie, and instead use a script within our tag management system to generate a new and random clientID on every session. This new clientID is not associated with the user in any other way, effectively rendering them completely anonymous (as they have requested), while still allowing us to see a user’s interactions on the site anonymously. More information regarding Google Consent Mode as described by OneTrust can be found here: https://www.onetrust.com/blog/onetrust-supports-googles-newest-solution-consent-mode/

2. Purpose and Use of the Personal Information We Collect

We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer Identity
Contact
Performance of a contract with you
To perform the services you expect Identity
Contact
Performance of a contract with you
To manage our relationship with you, which may include, but is not limited to:

Notifying you about changes to our terms or privacy policy

Asking you to leave a review or take a survey

Identity
Contact
Profile
Marketing and Communications
Performance of a contract with you

Necessary to comply with a legal obligation

Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity
Contact
Technical
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

Necessary to comply with a legal obligation

Performance of a contract with you

To deliver relevant website content and to measure or understand the effectiveness of the content we serve to you Identity
Contact
Profile
Usage
Marketing and Communications
Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences Technical
Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you Identity
Contact
Technical
Usage
Profile
Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)

 

3. Third Party Sharing and Disclosures

Your Consent: We will not disclose any personally identifiable information without your consent except for those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Seismic’s behalf or to provide services available at Seismic LiveSocial’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Seismic LiveSocial’s service, you consent to the transfer of such information to them. Seismic will not rent or sell personally identifying information.

Lawfulness and Harm: In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property.

Business Transfers: We may choose to buy or sell assets, which may include customer information. This will not include Personal Information, except in a case where we, or substantially all of our assets, are acquired, or if we go out of business or enter bankruptcy. In such a situation, you will be notified via email and/or via display of a prominent notice on our website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

4. Children’s Privacy

Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@seismic.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the child’s account.

5. Managing Your Personal Information

Under certain circumstances, you have the rights under data protection laws in relation to your personal information.

Access: Upon request Seismic LiveSocial will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at privacy@seismic.com.

Rectification and Deletion: If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account. You may also access, correct, or request deletion of your personal information by contacting us (a) through the Support Center (if you are a registered user), or (b) via email at privacy@seismic.com. We will respond to these requests within a reasonable timeframe.

Retention of Personal Information: Seismic LiveSocial will retain Personal Information we receive in the course of providing Services to our customers for as long as (i) directed by the customers or otherwise agreed to with them, (ii) otherwise needed to provide Services to the customers and (iii) necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Protection of Seismic and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with a subpoena, or similar legal process; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Seismic, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

6. Opt-Out Procedure

We do not sell, trade or otherwise disclose our users’ information to any third parties.

Marketing and other emails: We communicate with you primarily through email. Examples of these messages include: (1) welcome and engagement messages - when you register on Seismic LiveSocial, we may send you a series of emails to inform you about how to best use the service as well as new features; (2) service messages – these will cover service availability, security, and other issues about the functioning of the service; (3) communication messages - these include regularly occurring notifications of events in the service, and may contain promotional information directly or on behalf of our partners. You may change your email and contact preferences at any time by signing into your account and changing your settings. You can also opt out of promotional messages by sending a request to privacy@seismic.com. Please be aware that you cannot opt out of receiving service messages from Seismic LiveSocial but you may request your account be deleted. You may also write to us at:

Seismic Software, Inc.,
Attn: Privacy Office
12390 El Camino Real
San Diego, CA 92130

Third party communications: We partner with a third party to manage our advertising on other sites. Our third-party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here or if located in the European Union click here. Please note you will continue to receive generic ads.

7. Security

Each of our employees is aware of our security policies, and your information is only available to those employees who need it to perform their jobs. We have also implemented security measures to protect user information from loss, misuse and alteration. We use industry-standard practices such as encryption in transit, firewalls and password protection systems to safeguard the confidentiality of your personal information. However, no method of transmission over the Internet or via mobile device, or other electronic method, is 100% secure. Therefore, although we use commercially reasonable measures to protect your personal information, we cannot guarantee its absolute security.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. What Choices Do I Have?

You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features. If you do not wish to receive email or other mail from us, please contact us via email at privacy@seismic.com or follow the unsubscribe instructions in each promotional email. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.

You may be able to add, update, or delete information as explained in Section 6 above. You may request deletion of your account via email to privacy@seismic.com. Please note that some information may remain in our private records after your deletion of such information from your account if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

We collect information for our clients. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the client that you interact with directly. Seismic will retain personal information we process on behalf of our Clients for as long as needed to provide services to our Client. Seismic will retain and use this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are a resident of California, Nevada or the European Union, you may have additional rights. Please see the California Rights, Nevada Rights and EU Residents sections below for more information.

9. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

10. California Privacy Rights

The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@seismic.com and indicate “California Rights” in the subject line of your communication.

AccessYou have the right to request certain information about our collection and use of your Personal Information over the past 12 months. We will provide you with the following information:

  • The categories of Personal Information that we have collected about you.
  • The categories of sources from which that Personal Information was collected.
  • The business or commercial purpose for collecting or selling your Personal Information.
  • The categories of third parties with whom we have shared your Personal Information.
  • The specific pieces of Personal Information that we have collected about you.

If we have disclosed your Personal Information for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third party recipient.
If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information purchased by each category of third party recipient.

Deletion: You have the right to request that we delete the Personal Information that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights: To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request. We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.

Other California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@seismic.com.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites.  Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal.  For these reasons, our Websites, like many website operators, do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

11. Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@seismic.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

12. EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this Section 13, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Except as described below, Seismic Software, Inc. and its affiliates will be the controller of your Personal Data processed in connection with the Seismic Services.

Where applicable, this Section 13 is intended to supplement, and not replace, the other provisions of the Privacy Policy. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@seismic.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

What Personal Data Do We Collect From You and How Do We Use It?

Please refer to Section 1 – The Personal Information We Collect and Section 2 - Purpose and Use of the Personal Information We Collect above for information about the Personal Data we collect about you and how we use it.

On What Basis Do We Justify Processing Your Personal Data

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below, and depending on the Personal Data involved and the specific context in which we collect it. Seismic’s processing of your Personal Data is justified on one or more of the following legal bases:

Performance of Contract: The processing is necessary to perform a contract with you or take steps to enter into a contract at your request. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Seismic Services that require such data. Examples include: name, email address, address and phone number.

Our Legitimate Interests: The processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities, such as developing and maintaining relationships with our customers, our operation and improvement of our business, products and services, marketing of our products and services, provision of customer support, protection from fraud or security threats, compliance with legal obligations, and completion of corporate transactions. Examples include: name, email address, address, phone number, Content, and information about you that is automatically collected when you use the Seismic Services as detailed above.

Compliance with Law: The processing is necessary for us to comply with a relevant legal obligation;
With Your Consent: You have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing); or
Defend Our Rights; Protect Vital Interests: The processing is necessary to the establishment, exercise, or defense of legal claims or rights or to protect your vital interests or those of another person.

How and With Whom Do We Share Your Data?

Please refer to  3. Third Party Sharing and Disclosures above for information about how and with whom we share your Personal Data. What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email privacy@seismic.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Special Note Regarding Personal Data Processed by Seismic through the Services:  Special Note Regarding Personal Data Processed by Seismic through the Services:  Seismic is the processor of your Personal Data through the services we provide our customers (Data Controllers). Your Personal Data collected or processed is through your use of one of the Services we provide our customers, and you should contact that customer who is the Data Controller (e.g. the business with whom you emailed or otherwise engaged online using one of our Services) in the first instance to address your rights with respect to the Personal Data.

Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

Erasure: You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Seismic Services.

Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.

Right to File Complaint:  You have the right to lodge a complaint about Seismic’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data

The Seismic Services are operated from the United States (“U.S.”) by Seismic and its service providers, which may process your personal data in the United States, Canada, Europe, or Australia.  If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Seismic Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, could be provided to Seismic in the U.S. and may be hosted on U.S., Canadian, Europe, or Australian servers, and you authorize Seismic to transfer, store and process your information to these jurisdictions, and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to another safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087 , (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the EC.

13. Questions or Concerns

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@seismic.com or contact us at Seismic Software, Inc., Attn: Privacy Office, 12390 El Camino Real, San Diego, CA 92130. We will make every effort to resolve your concerns.