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 Personal Information can I access?
  9. What Choices Do I Have?
  10. Changes to this Privacy Policy
  11. California Rights
  12. Nevada Resident Rights
  13. EU Residents
  14. Questions or Concerns

Last updated: October 18, 2022

Seismic Software Holdings, Inc., D/B/A Seismic (“Seismic,” “we,” “us,” “our”) and its affiliates (Seismic, LiveSocial, Percolate, Lessonly and Knowledge) take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing  in any manner www.Seismic.com (“Website”) and domain name, and any other linked pages, features, content, and related marketing activities (collectively, 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/privacy-policy/ 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 privacy@seismic.com.

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 privacy@seismic.com.

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
Contact Data
  • First and last name
  • E-mail address
  • Phone number
  • Mailing address
 
  • You
  • Third Parties
  • Service Providers
 
Geolocation Information
  • Postal code
  • City
  • State/Province
  • Country
  • You
  • Service Providers
Employment Data
  • Employer
  • Job Title
  • You
  • Third Parties
  • Service Providers
  • Parties You Authorize, Access or Authenticate
Other Identifying Information That You Voluntarily Choose to Provide
  • Personal information in emails, calls 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.
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
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
  • Cookies and other tracking technologies (e.g., web beacons, pixel tags, SDKs)
  • You
  • Third Parties
  • Service Providers
  • Ad Partners

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 to us: 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 Personal Information is automatically collected about you in connection with your use of the Services, including through Cookies (defined below) as when you browse the Websites.

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 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.

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 that and is not personally identifiable as to you, unless otherwise required by applicable laws or regulations.
    • Personalizing website content and communications based on your preferences.
    • Conducting our own marketing activities.
  • 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.

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 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.
  • 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. 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.
  • 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.

Sales of Personal Information

We will not “sell” your Personal Information, as that term is defined in the CCPA, and have not done so over the last 12 months.

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 Personal Information can I access?

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 privacy@seismic.com.

9) 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 8 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, 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 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.

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

10) 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.

11) California Rights

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

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 purchased by each category of third party recipient.

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

Exercising Your Rights: To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

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

Other California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@seismic.com.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites.  Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal.  For these reasons, our Websites, like many website operators, do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

12) Nevada Resident Rights

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

13) EU Residents

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

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

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

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

Please refer to Section 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 include: name, email address, address and phone number.

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

Compliance with Law: The processing is necessary for us to comply with a relevant legal obligation;

With Your Consent: You have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing); or

Defend Our Rights; Protect Vital Interests: The processing is necessary to the establishment, exercise, or defense of legal claims or rights or to protect your vital interests or those of another person.

How and With Whom Do We Share Your Data?

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

Special Note Regarding Personal Data Processed by Seismic through the Services:  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 United States, Canada, the European Union, 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, European Union, or Australian servers, and you authorize Seismic to transfer, store and process your information to these jurisdictions, and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to another safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at

https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=en (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.

14) Questions or Concerns

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