Privacy Policy

Table of contents

1. What Does This Privacy Policy Cover?
2. What Information Does Seismic Collect?
3. Categories of Sources of Personal Information
4. How We Use the Personal Information We Collect
5. With Whom Do We Share Your Personal Information for Business Purposes?
6. Retention of Personal Information
7. Is Personal Information About Me Secure?
8. What Choices Do I Have?
9. Data Privacy Framework — Onward Transfers
10. APEC Cross Border Privacy Rules — Onward Transfers
11. YouTube and Google
12. Changes to this Privacy Policy
13. California Resident Rights
14. Virginia Resident Rights
15. Colorado Resident Rights
16. Connecticut Resident Rights
17. Exercising Your Rights under the CCPA, VCDPA, CPA, or CTDPA
18. Nevada Resident Rights
19. European Resident Rights

Last updated: June 12, 2024

Seismic Software, Inc., D/B/A Seismic and its affiliates (collectively “Seismic,” “we,” “us,” “our”) take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. This privacy notice covers the Seismic Services, which includes Seismic Content, Seismic Live Social, Percolate by Seismic, Seismic Learning, and, Seismic Knowledge and any other linked pages, features, content, and related marketing activities. By using the Seismic Services, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of Seismic Services is at all times subject to our Terms of Use https://seismic.com/terms-of-use/ which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. If you have a disability, you may access this Privacy Policy in an alternative format by contacting [email protected].

1) What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of Personal Information that we gather when you are accessing Seismic Services. 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.

We do not knowingly collect or solicit Personal Information from anyone under the age of 16 or knowingly allow such persons to register for Seismic Services. If you are under 16, please do not attempt to register for Seismic Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 16 may provide any Personal Information to us or on Seismic Services. In the event that we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at [email protected].

2) What Information Does Seismic Collect?

The Personal Information We Collect

Seismic has no direct relationship with the consumers whose Personal Information Seismic collects in the course of providing the contracted services to our customers.  All such information is owned and controlled by our customers, who are the data controllers for such information with respect to data protection laws.

Access to Personal Information Controlled by Seismic’s Customers

Seismic has no direct relationship with the consumers whose Personal Information Seismic receives in the course of providing Services to its customers. An individual consumer who seeks access, or who seeks to correct, amend, or delete inaccurate Personal Information should direct the query to Seismic’s customer. If the customer then requests Seismic to correct, amend, or delete the data in Seismic’s possession or control, we will respond to their request promptly.

A. Personal Information Collected from Visitors to Our Websites and through Seismic Sales, and Marketing

We gather various types of Personal Information such as name, email address, company name, phone number, Mobile OS, and Device type from our users, as explained more fully below. We may use this Personal Information to personalize and improve Seismic Services, to allow our users to set up a user account and profile, to contact users, to analyze how users utilize the Seismic Services, and as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties (described in this Section and in Section 5 below).

The following chart details the categories of Personal Information that we collect and have collected over the past 12 months from visitors to our websites and through Seismic sales, and marketing activities. For each category of Personal Information, these subsections also set out our commercial and business purpose for collecting that Personal Information and the categories of third parties with whom we share that Personal Information. More information regarding those sources and categories is set forth in the charts below.

Category of Personal Information	Examples of Personal Information Collected	Source	Third Parties With Whom We Share Data For Business Purposes	Purpose(s) for Collection
Contact Data	• First and last name • E-mail address • Phone number • Mailing address	• You • Third Parties	• Service Providers	• Managing your account • Marketing purposes
Geolocation Information	• Postal code • City • State/Province • Country	• You	• Service Providers	• Managing your account • Marketing purposes
Employment Data	• Employer • Job Title	• You • Third Parties	• Service Providers • Parties You Authorize, Access or Authenticate	• Managing your account
Other Identifying Information That You Voluntarily Choose to Provide	• Personal information in emails, calls, chatbots, messages or letters you send to us • Content you upload, display, manage and/or otherwise use, e.g., in connection with posts you make on our blog or community forum (your “Content”) • With your prior approval, audio and video recording from our sales calls with you.	• You	• Any public postings you make (e.g., on our blog or community forum), are visible to all Website visitors.	• Managing your account • Improving products • Marketing purposes
Device/IP Information	• IP Address • Device ID • Domain server • Type of device/operating system/browser used to access the Services • Log data • Access times • Hardware and software information	• You	• Service Providers • Ad Partners	• Managing your account • Improving products • Marketing purposes
Web Analytics	• Web page interactions • Referring webpage/source through which you access the Services • Non-identifiable request IDs • Statistics associated with the interaction between device or browser and the Services • Usage information	• You • Third Parties	• Service Providers • Ad Partners	• Managing your account • Improving products • Marketing purposes

You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners.

3) Categories of Sources of Personal Information

We collect Personal Information about you from:

You:

• When you provide information directly to us such as at a tradeshow, when you create an account or fill out a form to download a document from one of our Websites, subscribe to a Seismic newsletter, send us an email, chat with us, or otherwise contact us;  and
• When information is collected automatically when you visit our websites or use our Services, including through Cookies (defined below).

Third parties, when they provide us information about you. Third parties that share your Personal Information with us include:

• Service providers. For example, we may use analytics service providers to analyze how you interact and engage with the Services. We may use service providers such as marketing agencies to obtain information to generate leads.
• Ad partners. We receive information about you from some of our ad partners who assist us with marketing or promotional services related to how you interact with our websites, advertisements, or communications.
• For Google user data collected as part of the Seismic Service’s integration with Google’s APIs, the use and transfer of the data adheres to Google’s User Data Policy established for its API Services and its stated Limited Use requirements found here:  https://developers.google.com/terms/api-services-user-data-policy.

Information Collected Automatically with 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 anonymously. More information the regarding Google Consent Mode as described by OneTrust can be found here: https://www.onetrust.com/blog/onetrust-supports-googles-newest-solution-consent-mode/

Cookies and Other Information Collected Automatically

Whenever you interact with Seismic Services, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer that allow us to recognize your browser and tell us how and when pages in our Website are visited and by how many people. For more information about how we use Cookies (and how you may be able to change the preferences on your browser to prevent or limit your computer or device’s acceptance of Cookies), please visit our Cookie Policy located at https://seismic.com/cookie-policy/, which is incorporated to this Privacy Policy by reference. You can disable functional, performance, and targeting cookies on our sites by accessing the Privacy Preference Center icon on the bottom left of the page.

Session Replay Technology

We use keystroking, session replay technology, and similar technologies including by Drift, in order to identify and resolve customer issues, to monitor and analyze how you use our Services, to better understand user behavior, and to improve our Services. For more information about how we use keystroking, and session replay, Please visit our Cookie Policy located at https://seismic.com/Cookie-Policy. If you do not consent to these terms, please do not use this website.

4) How We Use the Personal Information We Collect

We may use your Personal Information for the following commercial or business purposes:

• Providing, customizing, monitoring and improving the Services, which includes:
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance.
  • Testing, research, internal analytics.
  • Analyzing trends, publishing market research, and for other marketing, research, or statistical purposes, provided, in each case, such use is limited to anonymized and aggregated data that is not personally identifiable as to you, unless otherwise required by applicable laws or regulations.
  • Personalizing website content and communications based on your preferences.
• Marketing and selling the Services and showing you advertisements, including interest-based or online behavioral advertising.
• Corresponding with you, which includes:
  • Recording and responding to questions, comments, or concerns you may submit to us; contacting you when necessary or requested, and sending you information about us or the Services.
  • Sending emails and other communications that display content that we think will interest you and according to your preferences including notifying you about certain products or services.
• Compliance with legal requirements, which include:
  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property or safety of you, Seismic or another party.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.
• In the event of a change in ownership in Seismic, or Seismic’s merger with, acquisition by, or sale of assets to, another entity. Seismic reserves the right to transfer all of your Personal Information, including, but not limited to, email addresses, to such an entity.
• Conducting our own marketing activities.

5) With Whom Do We Share Your Personal Information for Business Purposes?

We share your Personal Information in personally identifiable form with the following categories of service providers and other third parties as described below.

• Service Providers: These include our hosting, technology and communications providers; data storage providers, analytics providers; and staff augmentation personnel.
• Advertising Partners: We may share your Personal Information for the purpose of ad customization and service and auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

Your Personal Information may also be shared as follows:

• Public Postings: With the public, if you consent to our posting of your testimonial or if you reveal any information in a review posting or online discussion or forum that is intentionally open to the public and that is not in any way private.
  • From time to time, we display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected].
  • Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You can request the removal of your Personal Information from our blog or community forum, by contacting us at [email protected]. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
• Business Transfers: We may choose to buy or sell assets.  In these types of transactions, customer information is typically one of the business assets that are transferred.  Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.
• 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) Retention of Personal Information

We will retain your Personal Information for as long as needed to fulfill the purpose for which it was collected. In some cases we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

7) Is Personal Information About Me Secure?

We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. We endeavor to protect the Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.

8) What Choices Do I Have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.

You may be able to access, add, update, or delete information by contacting [email protected] or use our online form here: https://privacyportal.onetrust.com/webform/6911ecf8-505a-4b77-b949-0c825e90ffb5/796ef60f-0da7-436c-975a-adcbdacea7f8.  Please note that some information may remain in our private records after your deletion of such information, 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 using our service, please contact the business that you interact with directly. Seismic will retain and use this Personal Information as necessary to comply with our legal obligations, resolve disputes, or is otherwise permitted or required by applicable law.

If you do not wish to receive email or other mail from us, please contact us via email at [email protected] 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. The information you can access and update may change as the Seismic Services changes. If you have any questions about viewing or updating information we have on file about you, please contact us via [email protected].

If you are a resident of certain US states, a European country, or other jurisdiction that grants data subject rights, you may have additional rights. Please see the applicable state or European section below for more information.

9) Data Privacy Framework — Onward Transfers

Seismic Software Holdings, Inc., D/B/A Seismic, Seismic Software, Inc., Lessonly, Inc., and Percolate Industries, Inc. (for this section, collectively referred to as “Seismic”) comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Seismic has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF.  Seismic has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Seismic is responsible for the processing of personal data it receives, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF and subsequently transfers to a third party acting as an agent on its behalf.  Percolate complies with the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over Seismic’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, Seismic may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Seismic commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint.  These dispute resolution services are provided at no cost to you.

For complaints regarding EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information on the right to invoke binding arbitration can be found on the official DPF website at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

10) APEC Cross Border Privacy Rules — Onward Transfers

Seismic’s privacy practices, described in this Privacy Policy, comply with the APEC Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. More information about the APEC framework can be found here.

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.

11) YouTube and Google

By using the Website, you acknowledge that the Seismic Website uses the YouTube API services. By using those services, you also acknowledge and agree to the connected use of the Google Privacy Policy which can be found through the following link: Google privacy policy.

You can revoke access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

Seismic’s use of the Google API, APP and OAuth to provide the services excludes the following:

• The sale/share of Google user data to third parties
• The transfer of Google user data to third parties for reasons other than providing or improving the application’s functionality
• The use of Google user data for reasons other than providing or improving the application’s functionality

12) 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.

13) California Resident Rights

The California Consumer Privacy Act (“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 [email protected] and indicate “California Rights” in the subject line of your communication. Please note that we may process Personal Information of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Information shall control to the extent of such conflict.

Access: You 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 sold to 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, or if deletion of your Personal Information involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction: You have the right to request that we correct any inaccurate Personal Information we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Information, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Opt-Out from Processing of Sensitive Personal Information: Consumers have certain rights over the processing of their sensitive information. However, we do not collect sensitive categories of personal information.

Opt-Out from Personal Information Selling and Sharing for Cross-Contextual Behavioral Advertising:

We may disclose your Personal Information with third parties for the purposes of cross-contextual behavioral advertising or targeted advertising, which may constitute “selling” and “sharing” under the CCPA. You have the right to opt-out from these disclosures in accordance with this Section.

As described in the Cookie Policy, located at https://seismic.com/Cookie-Policy, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CCPA, sharing your data through third party Cookies for online advertising may be considered a “sale” or “sharing” of information.

We have sold or shared your Personal Information to the following categories of third parties for the purposes of cross-contextual behavioral advertising:

• Ad Networks
• Data brokers
• Marketing providers (including for cross-contextual behavioral advertising purposes)

• Social Network
• Data Analytics Provider

Over the past 12 months, we have sold or shared the following categories of your Personal Information to categories of third parties listed above:

• Contact data
• Geolocation information
• Employment data
• Device/IP information
• Web analytics
• Other identifying information that you voluntarily choose to provide

Over the past 12 months, we have sold or shared the categories of Personal Information listed above with the categories of third parties listed for the following purposes:

• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

You have the right to opt-out of the sale or sharing of your Personal Information. You can opt-out using the following methods:

• By implementing the Global Privacy Control or similar control that is legally recognized by a government agency or industry standard and that complies with the CCPA. The signal issued by the control must be initiated by your browser and applies to the specific device and browser you use at the time you cast the signal. Please note this does not include Do Not Track signals.
• By opting out of the sharing or selling of Personal Information in your cookie management settings, accessible by the cookie icon on the bottom left of our website.

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale or sharing of your Personal Information for the purposes of cross-contextual behavioral advertising for at least 12 months.

To our knowledge, we do not sell or share the Personal Information of minors under 16 years of age.

Opt Out from Personal Information Selling for Lead Generation:

We may disclose your Personal Information with third parties for the purposes of lead generation, which may constitute “selling” under the CCPA. You have the right to opt-out from these disclosures in accordance with this Section.

We may have sold your Personal Information to the following categories of third parties:

• Ad Networks
• Data brokers
• Marketing providers (including for cross-contextual behavioral advertising purposes)
• Social Network
• Data Analytics Provider

Over the past 12 months, we may have sold the following categories of your Personal Information to categories of third parties listed above:

• Contact data
• Geolocation information
• Employment data
• Device/IP information
• Web analytics
• Other identifying information that you voluntarily choose to provide

We may have sold the foregoing categories of Personal Information for the following business or commercial purposes:

• Marketing and selling the Services.

You have the right to opt-out of the sale of your Personal Information. You can opt-out using the following methods:

• You can complete the online form found here: Do Not Sell or Share My Personal Information https://privacyportal.onetrust.com/webform/6911ecf8-505a-4b77-b949-0c825e90ffb5/796ef60f-0da7-436c-975a-adcbdacea7f8.
• Call us at our Toll-Free Line: 1-833-222-9139
• Email us at: [email protected]

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale or sharing of your Personal Information for the purposes of cross-contextual behavioral advertising for at least 12 months.

To our knowledge, we do not sell or share the Personal Information of minors under 16 years of age.

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.

Shine the Light Law

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 [email protected].

Do Not Track Signal

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.

14) Virginia Resident Rights

If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Information of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at [email protected].

Access: You have the right to request confirmation of whether or not we are processing your Personal Information and to access your Personal Information.

Correction: You have the right to correct inaccuracies in your Personal Information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Information.

Portability: You have the right to request a copy of your Personal Information in a machine-readable format, to the extent technically feasible.

Deletion: You have the right to delete your Personal Information.

Opt-Out of Certain Processing Activities

• You have the right to opt-out of the processing of your Personal Information for targeted advertising purposes. We process your Personal Information for targeted advertising purposes. You may opt-out of our processing of your Personal Information for targeted advertising purposes:
  • By implementing the Global Privacy Control.
  • By opting out of the sharing or selling of Personal Information in your cookie management settings, accessible by the cookie icon on the bottom left of our website.
• You have the right to opt-out to the sale of your Personal Information. Some of our data sharing activities, as described in “Opt Out from Personal Information Selling for Lead Generation” under the “California Resident Rights” section, may constitute a “sale” as defined by the Virginia Consumer Data Protection Act (“VCDPA”).  Please see “Opt Out from Personal Information Selling for Lead Generation” under the “California Resident Rights” section for instructions on how you can opt-out from such sales.
• You have the right to opt-out from the processing of your Personal Information for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you. We do not conduct such processing activities.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the VCDPA. We will respond to your appeal within 60 days of receiving your request. If we deny your appeal, you have the right to contact the Virginia Attorney General using the methods described at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

You may appeal a decision by us using the following methods:

• Email us at: [email protected] (title must include “VCDPA Appeal”)

15) Colorado Resident Rights

If you are a Colorado resident, you have the rights set forth under the Colorado Privacy Act (“CPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Information of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Colorado resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at [email protected].

Access: You have the right to request confirmation of whether or not we are processing your Personal Information and to access your Personal Information.

Correction: You have the right to correct inaccuracies in your Personal Information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Information.

Deletion: You have the right to delete your Personal Information.

Portability: You have the right to request a copy of your Personal Information in a machine-readable format, to the extent technically feasible, twice within a calendar year.

Opt-Out from Personal Information for Targeted Advertising:

As discussed in “Opt-Out from Personal Information Selling and Sharing for Cross-Contextual Behavioral Advertising” under the “California Resident Rights” section, we may process your Personal Information for targeted advertising purposes. Please see the section referenced above to learn about how you may opt-out from the sharing of your Personal Information for targeted advertising purposes.

Opt Out from Personal Information Selling for Lead Generation:

You have the right to opt-out to the sale of your Personal Information. Some of our data sharing activities, as described in “Opt-Out from Personal Information Selling and Sharing for Cross-Contextual Behavioral Advertising” and “Opt Out from Personal Information Selling for Lead Generation” under the “California Resident Rights” section, may constitute a “sale” as defined under the CPA. Please see the respective sections for more information and instructions on how you can opt-out from such sales.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the CPA. We will respond to your appeal within 45 days of receiving your request. If we deny your appeal, you have the right to contact the Colorado Attorney General.

You may appeal a decision by us using the following methods:

• Email us at: [email protected] (title must include “CPA Appeal”)

16) Connecticut Resident Rights

If you are a Connecticut resident, you have the rights set forth under the Connecticut Data Privacy Act (“CTDPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Information of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Connecticut resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at [email protected]

Access: You have the right to request confirmation of whether or not we are processing your Personal Information and to access your Personal Information.

Correction: You have the right to correct inaccuracies in your Personal Information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Information.

Deletion: You have the right to delete your Personal Information.

Portability: You have the right to request a copy of your Personal Information that is processed automatically in a machine-readable format, to the extent technically feasible.

Opt-Out from Targeted Advertising:

As discussed in “Opt-Out from Personal Information Selling and Sharing for Cross-Contextual Behavioral Advertising” under the “California Resident Rights” section, we may process your Personal Information for targeted advertising purposes. Please see the section referenced above to learn about how you may opt-out from the sharing of your Personal Information for targeted advertising purposes.

Opt-Out from Personal Information Selling for Lead Generation

You have the right to opt-out to the sale of your Personal Information. Some of our data sharing activities, as described in “Opt-Out from Personal Information Selling and Sharing for Cross-Contextual Behavioral Advertising” and “Opt Out from Personal Information Selling for Lead Generation” under the “California Resident Rights” section, may constitute a “sale” as defined under the CTDPA Please see the respective sections referenced above for more information and instructions on how you can opt-out from such sales.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the CTDPA. We will respond to your appeal within 45 days of receiving your request. If we deny your appeal, you have the right to contact the Colorado Attorney General.

You may appeal a decision by us using the following methods:

• Email us at: [email protected] (title must include “CTDPA Appeal”)

17) Exercising Your Rights under the CCPA, VCDPA, CPA, or CTDPA:

Except as otherwise provided above, if you are a California, Colorado or Connecticut resident and would like to exercise your privacy rights, you or your Authorized Agent (defined below) 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 the time period required by applicable law. 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:

• Submitting a request by following the instructions found at this link
• Call us at our Toll-Free Line: 1-833-222-9139
• Emailing us at: [email protected]

If you are a California, Colorado or Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

18) 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. You can exercise this right by contacting us at [email protected] 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.

19) European Resident Rights

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

For this Section, 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. Seismic, Inc. and its affiliates will be the controller of your Personal Data processed in connection with the Seismic Services.

Where applicable, this section 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 [email protected]. 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 2 – What Information Does Seismic Collect?  and Section 4 – How We Use 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 of personal data processed due to this basis 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 1) developing and maintaining relationships with our customers; 2) our operation and improvement of our business, products and services; 3) marketing of our products and services, provision of customer support; 4) protection from fraud or security threats; 5)  compliance with legal obligations, and 6) completion of corporate transactions. Examples of personal data processed due to this basis 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 Section 5 – With Whom Do We Share Your Personal Information for Business Purposes? 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 [email protected]. 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:  If Seismic has collected or is otherwise processing your Personal Data through your use of one of the Services we provide our customers, you should contact that customer (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 U.S., Canada, United Kingdom, the European Union, Switzerland, 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, United Kingdom, European Union, Switzerland, 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 a safeguard(s) for cross-border transfer, such as a data processing agreement incorporating standard data protection clauses or the Data Privacy Framework. For more information on the Data Privacy Framework, please see the Data Privacy Framework section above.

20) Questions or Concerns

If you have any questions, complaints, or concerns regarding our privacy policies, please send us a detailed message to [email protected] 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.