A. THE INFORMATION JIVOX COLLECTS ABOUT YOU
Jivox collects information about you directly from you and from third parties, as well as automatically through your use of the Jivox Properties.
Information We Collect Directly From You. You may browse certain areas of the Jivox Site without registering with us or providing us personal information. Prior to using one or more of the Jivox Properties, Jivox may require certain personal information to create an individual account (“Account”) or to enable features or functionality of the Jivox Properties, including without limitation: email addresses of company’s primary contact, billing contact, users with access; name of billing contact; address of users with access; phone number of users with access; photos of users with access; and company name for users with access. Failure to provide all required information required by Jivox may prevent access to any or all Jivox Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all Jivox Properties.
Information We Collect Automatically. We may automatically collect the following information about your use of the Jivox Properties through cookies and other technologies: your domain name; your browser type and operating system; your connection speed; web pages you view; links you click; your IP address; your device ID; the length of time you visit the Jivox Site and or use the Jivox Properties; and the referring URL, or the webpage that led you to the Jivox Site and Jivox Properties. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information.
Such information about your use of the Jivox Properties (e.g. your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider) may be gathered by the following methods:
- Cookies. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive which work by assigning to your computer a unique number that has no meaning outside of the Jivox Site. Cookies do not generally contain any personally identifiable information. Most Web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Jivox Properties unavailable to you. Currently, Jivox’s systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of Jivox Site and Jivox Properties.
We use the following types of cookies:
- Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. Jivox uses session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows Jivox to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Jivox Site.
- Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. Jivox uses persistent cookies to track aggregate and statistical information about user activity.
- Device ID and Advertising ID. Device ID is a unique identifier that can be used to identify a mobile device. They can usually only be accessed via an app and not from the mobile web. Most recent devices also provision a resetable advertising ID that allows tracking and ad targeting without relying on an identifier uniquely married to the device. Jivox may use device ID and advertising ID, when available, to track aggregate and statistical information about user activity.
- IP Address. You may visit many areas of the Jivox Site anonymously without the need to become a registered User. Even in such cases, Jivox may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet service provider. Each time you access the Jivox Site and each time you request one of Jivox’s pages, the server logs your IP address.
- Web Beacons. Web beacons are small pieces of data that are embedded in Web pages and e-mails. Jivox may use these technical methods in HTML e-mails that Jivox sends to Users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable information.
- Tracking Content Usage. If you use the Jivox Services and you post audio-visual materials including, without limitation, text, logos, artwork, graphics, video, pictures, or sound (collectively, “Content“) to your Web site or to a third party Web site, Jivox tracks and captures Non- personally identifiable information associated with User Accounts and the use of Content.
B. HOW JIVOX USES YOUR INFORMATION
- Services. Jivox may use your information to provide the Jivox Site and Jivox Services to you, to communicate with you about your use of the Jivox Properties, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- System Administration. Jivox may use your information for the purposes of system administration, assisting in diagnosing problems with Jivox servers, monitoring Jivox’s system performance and traffic on the Jivox Properties and to gather broad demographic information about Jivox customers.
- Notices to Registered Users. If you have registered for an Account, Jivox may use your personally identifiable information to send e-mails regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Content. Jivox may also send you e-mails to verify your identity or to notify you if Jivox believes your use of Jivox Properties violates any applicable agreement for the use of the Jivox Properties.
- Promotional E-mails. Jivox may use your personally identifiable information to send you e-mails periodically listing promotions or events relating to the Jivox Properties or from Jivox’s marketing partners or sponsors. You have the choice to opt-out of receiving such promotional e-mails by simply scrolling down in any such email and clicking on the “SafeUnsubscribe” link. Once Jivox has processed your opt-out request, Jivox will not send you promotional e-mails unless you opt back in to receiving such communications, including through implicit opt-ins when you download Jivox marketing assets from the Jivox website or attend Jivox hosted or sponsored events.
- Product and Service Announcement E-mails. Jivox may use your personally identifiable information to send you e-mails periodically on Jivox product releases and service updates. You have the choice to opt-out of receiving such e-mails by sending an e-mail to email@example.com/or following the instructions in such correspondence. Once Jivox has processed your opt-out request, Jivox will not send you product and service announcement e-mails unless you opt back in to receiving such communications.
- Contact Information. If you contact Jivox by telephone, e-mail or letter, Jivox may keep a record of your contact information and correspondence. If you report a problem with the Jivox Properties, Jivox may collect this information in a file specific to you. You may contact Jivox at firstname.lastname@example.org to request the removal of this information from Jivox’s database.
C. HOW JIVOX SHARES YOUR INFORMATION
Jivox may share your information, including personal information, as follows:
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing Services to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
- Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
- Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
- In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
- To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
- Aggregate and De-Identified Information. We may share aggregate or de-identified or pseudonymized information about users with third parties and publicly for marketing, advertising, research or similar purposes.
Please note that except as noted above, Jivox will not sell or share your personal information with any third party for their direct marketing purposes without your consent.
Jivox allows users to request access to data collected about them and to opt-out of using date to customize advertisements.
- Access or Change your Information. Upon request, Jivox will allow users to update or correct personal information previously submitted, but only to the extent such activities will not compromise privacy or security interests. Additionally, upon request, Jivox will delete personal information from the database where such information is stored; however, it may be impossible to entirely delete a User’s entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete personal information must be submitted to email@example.com.
- Opt-Out. Jivox allows users to opt out of having personalized advertisements served to them. Please note that opting out does not block ads, rather it implies that Jivox will not use your data to personalize the ad viewing experience. Please click here to view or change your opt-out preferences.
- Email Communications. We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your Account or any Jivox Services requested or received from us.
E. SAFEGUARDING YOUR INFORMATION
Jivox protects your personal and financial information using various technologies and safeguards, including Secure Socket Layer (“SSL”), which is an encrypted communication protocol. SSL is a standard format for transmitting secure data from your computer to Jivox’s servers. SSL works by using a private key to encrypt data that is transferred over the SSL connection. You will know SSL is being used when you see “https” preceding a Web address, rather than “http.” Additionally, Jivox restricts employee access to databases containing personal and financial information, imposes confidentiality requirements upon employees who do have access to databases containing personal and financial Information, and binds subcontractors with contractual, technical and organizational measures. In order to most efficiently serve you, credit card transactions and billing may be handled by third party financial institutions, which may only use your Personal and Financial Information in connection with the business services they perform for Jivox and not for their own benefit or otherwise. All information they receive is via SSL.
Although Jivox uses reasonable efforts to safeguard the security of your personal and financial information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that Jivox is not responsible for any intercepted information sent via the Internet, and you release Jivox from any and all claims arising out of or related to the use of intercepted information.
F. THIRD PARTY LINKS.
The Jivox Properties may contain links to third parties who may collect personally identifiable information and Non- personally identifiable information directly from you. Additionally, Jivox may use third parties to provide components of the Jivox Properties. In either case, such third parties may have separate privacy policies and data collection practices, independent of Jivox. Jivox: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such Web sites; and (c) does not make any warranties or representations about the contents, products or services offered on such Web sites or the security of any information you provide to them.
H. EU DATA SUBJECTS
For persons located in the European Economic Area (“EU Data Subjects”), commencing on May 25th, 2018, we will process your personal information in accordance with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR). Jivox is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
You should read the relevant laws and guidance from the regulatory authorities for a full explanation of your rights under the GDPR, but the following briefly summarizes some of these rights and how we handle them:
- You have the right to confirmation as to whether or not we process your personal information and, where we do, access to the personal information, together with certain additional information.
- You have the right to rectification of any inaccurate personal information about you and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
- In some circumstances you have the right to the erasure of your personal information without undue delay.
- In some circumstances you have the right to restrict the processing of your personal information. For example, you have the right to object to our processing of your personal information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal information for this purpose.
- You have the right to object to our processing of your personal information for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- In certain circumstances, you have the right to receive your personal information from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
- If you believe our processing of your personal information violates data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged violation.
- In certain circumstances, you have the right to to invoke binding arbitration.
- Jivox does not disclose personal data to third parties. Under certain circumstances, Jivox may be compelled to disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- You may exercise any of your rights in this section in relation to your personal data by written notice to us at the addresses listed in Section K.
For EU Data subjects, we rely on the following legal bases to process your personal information:
- Performance of a contract: The use of your personal information may be necessary to perform the contract that you have with us or provide the service you ordered from us. For example, if you register to use our free trial and demo, we collect your information to administer your account and access to that free trial and demo.
- Legitimate interests: We may use your information for our legitimate interests, such as to provide you with the best suitable content of the Sites, emails and newsletters, to improve and promote our products and services and the content on our Sites, and for administrative, fraud detection and legal purposes.
We will only retain personal information from EU Data Subjects as long as necessary to fulfill the purposes for which the personal information was collected.
Under the EU-U.S. and Swiss-U.S. Privacy Shied Frameworks, we are responsible for the processing of information about you that we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with Privacy Shield Principles for such onward transfers and remain liable in accordance with Privacy Shield Principles if third party agents that we engage too process such information about you on our behalf do so in a manner inconsistent with Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Jivox commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Jivox at: firstname.lastname@example.org Jivox has further committed to refer unresolved Privacy Shield complaints to JAMS ADR, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/ for more information or to file a complaint. The services of JAMS ADR are provided at no cost to you.
Jivox commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
I. LOCATION OF PERSONAL INFORMATION/TRANSFERS TO THE UNITED STATES
Jivox will transfer, store, and process information that Jivox collects about you, as described in this Policy, in the United States, which may not provide the same level of protection for your personal information as your home country. In addition, Jivox may further transfer your information outside the United States for the purposes described in this Policy. By submitting any personal information or by using the Sites, and without limitation to any other rights or obligations Jivox has, you consent to such transfer to, and processing in, the United States and these other countries, and acknowledge that your information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions.
J. SPECIAL NOTE REGARDING CHILDREN UNDER 13 YEARS OF AGE
Use of the Jivox Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by Jivox to use the Jivox Properties, even if Minors set up an Account or accept the terms of any agreement for Jivox Properties. Jivox does not intentionally collect nor maintain any personally identifiable information from Minors. If you discover your Minor child has submitted his or her information to Jivox, you may request to have such information deleted from Jivox’s database by sending an e-mail request to email@example.com together with the e-mail address that was submitted by the Minor. Upon receiving the request, Jivox will use reasonable efforts to delete such information. If Jivox learns that a Minor is using the Jivox Properties, Jivox will require verified parental or guardian consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA“).
K. CONTACT JIVOX
1810 Gateway Blvd
San Mateo, CA 94404
Last updated October 2018