TABLE OF CONTENTS
- Information Collection and Use
- Purposes For Which We Use Your Personal Data
- Third Party Sharing and Disclosures
- Children’s Privacy
- Managing Your Personal Information
- California Privacy Rights
- Opt-Out Procedure
- Disclosures Specific to Our Service/Platform
- Disclosures Specific to Percolate’s Mobile Applications
- Privacy Shield Certification — Onward Transfer
- YouTube and Google
- Changes to this Policy
- Subscription Services - Subprocessor List
1. Information Collection and Use
- Information Collected on the Website: We may collect the following personal information from you: name, email address, phone number when you send requests on the website. We may also collect physical address when you sign up for our affiliate membership and demographic information such as gender, veteran status, disability status when you send job applications through the website.
- Information Collected Upon Registration: When you create or reconfigure a Percolate account, you provide some personal information, such as your name, username, password, email address, and authentication to 3rd party platforms like Twitter and Google Reader. Some of this information, for example, your name and username, will appear publicly on our Services when you share content on another site, such as Facebook or Twitter, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration (during the alpha phase they do).
- Additional Information: You may provide us with additional information to make public, such as a picture and time zone you are in. We may use your contact information to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.
- Posts, Following, Sources and other Public Information: Our Services are primarily designed to help you share information with the world. Most of the information you provide to us is information you are asking us to make public. This includes not only the posts you create and the metadata provided with these posts, such as when you posted, the people you follow, the sources you have in our system, and many other bits of information. When you share information on a third-party site, the privacy settings you set through that site will remain unless you change them. The fact that you shared information on a third-party site will be publicly viewable on Percolate. Our default is almost always to make the information you provide public, but we generally give you settings to make the information more private if you want. Keep in mind that if your privacy settings on a third-party site are set to public, then your public information is broadly and instantly disseminated. For example, your public posts are searchable by many search engines and are immediately delivered via our APIs to a wide range of users and services. You should be careful about all information that will be made public by Percolate, not just your posts.
- Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data.
- Links: Percolate may keep track of how you interact with links in posts across our Services including third party sites by redirecting clicks or through other means. We do this to help improve our Services, including advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
- Google Consent Mode: For user data collected with Google Consent Mode, we use a Cookieless/Anonymous Google Analytics Tracking solution. 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. More information the regarding Google Consent Mode as describedanonymously by OneTrust can be found here: https://www.onetrust.com/blog/onetrust-supports-googles-newest-solution-consent-mode/
- Third Party Services: Percolate uses a variety of services hosted by third parties to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
2. Purposes For Which We Will Use Your Personal Data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data, although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||
||Performance of a contract with you|
|To manage our relationship with you, which will include, but not limited to:
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||
||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||
||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||
||Necessary for our legitimate interests (to develop our products/services and grow our business)|
Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
3. Third Party Sharing and Disclosures
- Your Consent: We may share or disclose your information with your consent, such as when you use a third-party web client to access your Percolate account.
- Lawfulness and Harm: In certain situations, Percolate may be required to disclose personal data 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 Percolate’s rights or property.
- Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public posts or the number of users who clicked on a particular link (even if only one did). We may share your information with third-party business partners, for instance, for the purpose of enhancing our products and services or so that they can market their products or services to you. If you do not want us to share your personal information with these companies, contact us at firstname.lastname@example.org.
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 email@example.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 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 data.
- Access: Upon request Percolate 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 firstname.lastname@example.org.
- 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) email@example.com. We will respond to these requests within a reasonable timeframe.
- Data Retention: We may retain your information for as long as your account is active or as needed to provide you services, 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.
6. California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
Seismic Software, Inc.,
Attn: Privacy Office
12390 El Camino Real
San Diego, CA 92130
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information give that consumer access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information has been shared. California residents also have the right to submit a request for deletion of information under certain circumstances.
For information on data subject rights requests and how to submit a request please email firstname.lastname@example.org. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
7. Opt-Out Policy (Choice)
We do not sell, trade or otherwise disclose our users’ information to any third parties.
- Marketing and other emails: If at any time after registering for the site, signing up for any of our marketing emails or otherwise choosing to receive information from us, you change your mind then please send us a request specifying your new choice. To opt out of marketing or promotional emails, please either click unsubscribe in the body of the email communication or email us at email@example.com. You may also write to us at:Seismic Software, Inc.,
Attn: Privacy Office
12390 El Camino Real
San Diego, CA 92130
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 Percolate strives to use commercially reasonable measures to protect your personal information, Percolate 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.
9. Disclosures Specific to Our Service/Platform
- An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct the query to the Percolate’s Client (the Data Controller). If the Client requests Percolate to remove the data, we will respond to their request within 30 days.
- We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
10. Disclosures Specific to Percolate’s Mobile Applications
When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”). We do not ask for, access or track any location-based information from your mobile device at any time while downloading or using our Mobile Apps or Services.
We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
11. Privacy Shield Certification — Onward Transfers
Percolate participates in and has certified its compliance with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework. Percolate is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List.
Percolate is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Percolate complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Percolate is subject to the regulatory enforcement powers of the U.S. FTC. In certain situations, Percolate may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
In certain circumstances we may transfer your personal data out of the European Economic Area (EEA), with service providers under the mechanism of specific contracts approved by the European Commission which gives personal data the same protection it has in Europe.
12. YouTube and Google
You can revoke access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.
13. Changes to this Policy
14. Questions or Feedback
Seismic Software, Inc.,
Attn: Privacy Office
12390 El Camino Real
San Diego, CA 92130
15. Subscription Services - Subprocessor List
Current list of Percolate's subprocessors is located here.