Privacy Policy

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 Privacy Policy. By visiting or using www.Seismic.com (“Website”) and domain name, and any other linked pages, features, content, Seismic Mobile Application (“Mobile Application”), or the software (“Software”) or any other products or services we offer from time to time by in connection therewith (collectively, the “Seismic Services””), 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.

1) What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Website located at www.Seismic.com, Software, and on our Mobile Application collectively “Seismic Services”. 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 privacy@seismic.com.

2) What Information Does Seismic Collect?

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 fulfill your requests for certain products and services, 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 3 below). We collect the following types of information:

1) Information You Provide to Us:

We receive and store any information you knowingly provide to us on Seismic Services. For example, we collect Personal Information such as your name, email address, etc. We may collect other Personal Information you provide to us through your use of Seismic Services, such as the information or content you upload, display, manage and/or otherwise use in connection with your creation of pitches through the Software (your “Content”). Our Mobile Application does not track users using Geo-Location. 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.

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 privacy@seismic.com.

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 privacy@seismic.com. 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.

Seismic also collects information under the direction of its Clients who utilize our Software, and has no direct relationship with the individuals whose personal data it processes.

2) 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.

3) E-mail and Other Communications:

You may select which lists you would like to receive email communications from, by visiting the preference center.

We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of Seismic Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by sending an email to privacy@seismic.com.

3) Will Seismic Share Any of the Personal Information it Receives?

We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties as described below.

1) Affiliated Businesses We Do Not Control:

In certain situations, businesses we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service.

2) Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Seismic may transfer personal information collected through its Software to companies that help us provide our service as described above. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.

3) 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 is 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. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

4) 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.

5) With Your Consent:

We may also share information with third parties when you give us consent to do so.

4) Is Personal Information About Me Secure?

Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. 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 privacy of your account and other 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. When you enter sensitive information (such as your login information in our Software, we encrypt the transmission of that information using Transport Layer Security (TLS).

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.

5) What personal information can I access?

Through your account settings with Seismic Services, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

  • name and password
  • email address
  • location
  • content

The information you can view 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 privacy@seismic.com.

6) 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.

You may be able to add, update, or delete information as explained in Section 5 above. When you update information, however, we may maintain a copy of the unrevised information in our records. 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 data 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 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.

7) 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.

8) EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, 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 8, 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. Company will be the controller of your Personal Data processed in connection with the Seismic Services.

Where applicable, this Section 8 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?

We collect Personal Data about you when you provide such information directly to us or when Personal Data about you is automatically collected in connection with your use of our Seismic Services.

Information we collect directly from you:

We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

  • Name
  • Email address
  • Mailing address
  • Telephone number
  • User content, for example, pitch decks that may include customer Personal Data (which can include Personal Data if you include Personal Data in such content)

Information we receive from third party sources:

Some third parties such as our business partners provide us with Personal Data about you, such as contact information about you from some of our enterprise customers who assist us with marketing or promotional services related to our Seismic Services.

Information we automatically collect when you use our Seismic Services:

Some Personal Data is automatically collected when you use our Seismic Services, such as the following:

  • IP address
  • Device identifiers
  • Web browser information
  • Page view statistics
  • Browsing history
  • Usage information
  • Transaction information (e.g. transaction amount, date and time such transaction occurred)
  • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.) -- For more information, please review our Cookie Policy
  • Location information (e.g. IP address, zip code)
  • Log data (e.g. access times, hardware and software information)

How Do We Use Your Personal Data?

We process Personal Data to operate, improve, understand and personalize our Seismic Services.  For example, we use Personal Data to:

  • Create and manage user profiles
  • Communicate with you about the Seismic Services
  • Process orders
  • Contact you about Service announcements, updates or offers
  • Provide support and assistance for the Seismic Services
  • Personalize website content and communications based on your preferences
  • Meet contract or legal obligations
  • Respond to user inquiries
  • Fulfill user requests
  • Comply with our legal or contractual obligations
  • Resolve disputes
  • Protect against or deter fraudulent, illegal or harmful actions
  • Enforce our Terms of Service
  • Schedule demos of the Seismic Services

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.

  • Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Seismic Services.  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.
    • Name
    • Email address
    • Address
    • Phone number
  • Legitimate Interest: We also process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
    • Name
    • Email address
    • Address
    • Phone number
    • Content
    • Information about you that is automatically collected when you use the Seismic Services as provided above

Examples of these legitimate interests include:

  • 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
  • Completion of corporate transactions
  • Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
  • Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

  • Cloud Hosting Providers
  • Analytics service providers
  • Staff augmentation and contract personnel
  • Data Center providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.  In addition to those set forth above, these parties also include:

  • Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Seismic Services)
  • Social media services (if you interact with them through your use of the Seismic Services)
  • Third party business partners who you access through the Seismic Services
  • Other parties authorized by you

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

Last, we share Personal Data with our affiliates or other members of our corporate family. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Seismic Services.  In some cases we retain Personal Data for longer, 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. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, the Company encrypts Personal Data stored in the Services using AES-256 bit encryption.

Personal Data of Children:  We do not knowingly collect or solicit Personal Data from anyone under the age of 16.  If you are under 16, please do not attempt to register for the Seismic Services or send any Personal Data about yourself to us.  If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at privacy@seismic.com.

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.

  • 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 Company’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 hosted and operated in the United States (“U.S.”) through Company and its service providers, and 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, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., 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.

What If You Have Questions Regarding Your Personal Data?

If you have any questions about this Section 8 or our data practices generally, please contact us using the following information:

Name: Director of Information Security

Physical Address: 12770 El Camino Real, Suite 300, San Diego, CA 92130

Designated representative and contact information:
Tim Dzierzek
Privacy@seismic.com

9) Questions or Concerns

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@seismic.com. We will make every effort to resolve your concerns.

12770 El Camino Real, Suite 300
San Diego, CA 92130
Effective Date:  August 22, 2018