Effective Date: August 4, 2020
Information We Collect
Information You Provide to Us
We collect information you provide through your use of the Service. We collect information when you browse our websites, interact with our emails or advertisements, open our mobile apps, subscribe to our blog or emails, request a demo or pricing, sign up to use the PIPELINE, TRAINER, PLANNER, INSIGHTS or VIEWER services, or otherwise contact us.
If you or your firm registers as a paid subscriber of the Service, you will gain access to certain restricted portions of the Service. For these restricted portions of the Service, we collect information when you log-in, take our lessons, establish your goals and strategies, utilize any functionality, or otherwise interact with us.
The categories of information we collect and have collected in the last 12 months include the following:
- Contact Data, including your first and last name, postal address, phone number, and email address.
- Company Data, including your company’s name and postal address.
- Login information for authorized users, including usernames and passwords.
- Billing Data, including payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process payments.
- Demographic Data, including your age, gender, country, profession, title, and industry niche.
- Strategy Data, including your goals and strategies, and your clients, prospects, and referral sources.
- Content, including the content of messages you send to us, such as feedback and reviews you write, or questions and information you provide to customer support.
You may choose to voluntarily submit other information to us that we do not request, and, in such instances, you are solely responsible for such information.
Information We Automatically Collect
In addition to the above information, we automatically collect information when you use the Service. The categories of information we automatically collect and have collected in the last 12 months include the following:
- Service Use Data, including data about the features you use, the pages you visit, the emails and advertisements you view, the time of day you browse, and your referring and exiting pages.
- Device Connectivity and Configuration Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address, MAC address, and Ad Id (e.g., IDFA or AAID).
- Location Data, including imprecise location data (e.g., location derived from an IP address or data that indicates a city or postal code level) and, with your consent, precise location data (e.g., latitude/longitude data).
We use various current – and later – developed technologies to automatically collect this information, including the following:
- Log Files. A log file is a file that records events that occur in connection with your use of the Service.
- Cookies are small pieces of information that are stored by your browser on your device’s hard drive. Generally, cookies work by assigning to your browser a unique number that acts as a tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising off the Service. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, not accepting cookies may make certain features of the Service unavailable to you.
- App Technologies. There are a variety of tracking technologies that may be included in our apps, and these are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include another party’s SDKs, which is code that sends information about your use to a server. These SDKs allow us to understand which of our pages, products, and services are most popular, track our conversions, generate statistics and develop marketing plans, bring you advertising off the Service, and provide you with additional functionality, such as the ability to connect our Service with another party’s services.
- Location-Identifying Technologies. GPS, WiFi, Bluetooth, and other location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
For further information on tracking technologies and your rights and choices regarding them, see “Analytics and Advertising” and “Your Rights and Choices” below.
Information Provided Through Integrations
Certain restricted portions of the Service, including our VIEWER portal, allow our clients to integrate and view data from hundreds of services ranging from social media platforms to enterprise management services. In order to integrate those services, our clients must provide us with their account credentials for such services. We integrate the services of other parties at the direction of our clients, and our clients have the ability to unlink them at any time (as further set forth in “Your Rights and Choices below”). Any information collected through the integrated services is processed on behalf of our clients. We do not control what information our clients choose to provide to us through these integrations, and our clients are solely responsible for the use of such exported, shared, or displayed data.
For further information on other services, please see “Other Services” below.
Information from Other Sources
- Social networks when you reference our Service or grant permission to us to access your data on one or more of these services.
- Partners with which we offer co-branded services or engage in joint marketing activities.
- Publicly-available sources such as data in the public domain.
Use of Information
- Maintain, develop, and provide our Service, including managing accounts.
- Perform services requested by you, fulfill orders, and process your requests.
- Communicate with you, including to respond to your comments, questions, and requests, and provide customer service.
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
- Authenticate Service visits/usage.
- Prevent and address fraud, breach of policies or terms, and threats or harm.
- Monitor and analyze trends, usage, and activities.
- Conduct research, including focus groups and surveys.
- Improve the Service or other Ackert websites, apps, portals, marketing efforts, products and services.
- Develop and send you direct marketing, including advertisements and communications about our and other parties’ services, products, offers, promotions, rewards, and events.
- Send you advertising.
- Fulfill any other business or commercial purposes at your direction or disclosed to you and with your consent.
Notwithstanding the above, we may use information that does not identify you (including information that has been de-identified, aggregated, or anonymized) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see “Your Rights and Choices” below.
Sharing of Information
- With our agents, consultants and other service providers in connection with their work on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing, promotional services, website hosting, third party integration, and technical support. Service providers are prohibited from retaining, using or disclosing your information for any purpose other than to perform the services to us, although we may permit them to use aggregate information which does not identify you or de-identified data for any purposes except as prohibited by applicable law.
- With our affiliates and related entities for customer support, marketing, and other internal business purposes.
- With our vendors and other parties involving in providing analytics and advertising. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Analytics and Advertising” section below.
- With our clients in connection with processing information on their behalf as a service provider. For example, if a client utilizes an integration, we share the data provided through the integration with that client. We also share information with our clients in order to allow us and them to comply with applicable law. Further, if a client has multiple user accounts, the primary account holder may, through their account settings, allow for information to be automatically shared between and among the accounts, and with the client’s business development managers, Chief Marketing Officer, and business development support staff.
- With our business partners in connection with offering you co-branded services or engaging in joint marketing activities.
- In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
- In response to subpoenas, court orders, or other legal process, to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
- To facilitate requests at your direction.
- To fulfill any other business or commercial purpose disclosed to you or with your consent.
We will not “sell” as the term is generally understood information provided to us by a client through the restricted portions of the Service, including the PIPELINE, TRAINER, PLANNER, or VIEWER portals, or share such information for our own marketing purposes.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by other parties. These parties’ services may use tracking technologies to independently collect information about you and may solicit information from you. The information collected and stored by other parties, whether through our Service or another services, remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We suggest you read the privacy policies on those other parties’ services.
If you are a client, you can enable technology integrations through certain restricted portions of the Service, including the VIEWER portal. In order to integrate the services of other parties, you must provide us with your account credentials for such other parties’ services. We integrate these services at your direction, and you have the ability to unlink them at any time (as further set forth in “Your Rights and Choices below”). We do not control what information you choose to provide to us through these integrations, and you are solely responsible for the use of such exported, shared, or displayed data.
Analytics and Advertising
Our Service contains tracking technologies, some of which may be owned and operated by other parties. For example, we use tracking technologies from analytics providers, such as Google Analytics, to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to website activity and internet usage. We also work with ad serving services, advertisers, and other parties to serve advertisements other services. These parties may use tracking technologies on our websites, emails, and advertisements, and on other services to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you, including on other services after you have left the Service (“Interest-based Advertising”).
We serve ads on and through other services, such as Facebook and Google, that are targeted to reach people (or people similar to people) who have visited our Service or are identified in one or more of our databases (“Matched Ads”). This is done by us uploading a customer list to the service or incorporating a pixel from the service on our websites, and the service matching common factors between our data and their data.
For further information on tracking technologies and your rights and choices regarding them, please see “Information We Automatically Collect” above and “Your Rights and Choices” below.
Your Rights and Choices
Our clients can access, update, or remove certain information in their accounts at any time by visiting the “My Account” section of the applicable service or by contacting us as set forth in “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Tracking Technology Choices
- Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
- Mobile apps and Location Data. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.
- Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Please be aware that if you disable or remove tracking technologies some parts of the Service may not function correctly.
Analytics and Interest-Based Advertising
You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.
Some of the other parties that collect information from or about you on our websites, emails, and advertisements in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit (i) for website opt-out, http://www.aboutads.info/choices; and (ii) for mobile app opt-out, http://www.aboutads.info/appchoices. In addition, some of these other parties may be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/.
Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).
To opt out of us using your data for Matched Ads, please contact us as set forth in the “Contact Us” section below and specify that you wish to opt out of matched ads. We will request that the applicable service not serve you matched ads based on information we provide to it. Alternatively, you may directly contact the applicable service to opt out.
You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).
We are not responsible for effectiveness of, or compliance with, any other parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
- You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set forth in “Contact Us” below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.
- Push Notifications. If you have opted-in to receive push notification on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.
If you are a client that has utilized any integrations through certain restricted portions of the Service, including the VIEWER portal, you can unlink those integrations at any time through your account settings or by contacting us as set forth in “Contact Us” below.
The Service is targeted to adults. We do not knowingly collect information from children. If you are under 18, please do not use the Service or send us any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected information from children, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child, please contact us as set forth in “Contact Us” below.
Protecting your information is a shared responsibility, so we encourage our users to keep their passwords and other sensitive information private and secure. We maintain appropriate administrative, physical, and technical safeguards to help protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. You hereby acknowledge that we are not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
We retain your information for as long as necessary to fulfill the purposes for which the information was collected, unless a longer retention period is required or permitted by law. For example, we retain your information for business purposes, for as long as your account is active, and as long as is reasonably necessary to provide our clients with services.
By email: email@example.com
PO Box 261728
Encino, CA 91426
Attention: Privacy Compliance
Additional Disclosures for Nevada Residents
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at firstname.lastname@example.org.
Additional Disclosures for California Residents
Our Service is intended to provide information and services to job applicants and clients. You understand and agree that information collected about you is solely within the context of (i) your role as an employee, job applicant, owner, director, officer, or contractor or (ii) Ackert conducting due diligence regarding, or providing or receiving a product or service to or from your employer.
We acknowledge that you may have rights under the California Consumer Privacy Act (“CCPA”) in connection with the personal information we process on behalf of our clients. If your personal information has been processed by us on behalf of a client and you wish to exercise any rights you have with such information, please inquire with our client directly. If you wish to make your request directly to us, please provide the name of the client on whose behalf we processed your information. We will refer your request to that client, and will support them to the extent required by applicable law in responding to your request.
Shine the Light Rights
California Civil Code Section 1798.83 (“Shine the Light”) permits customers of Ackert who are California residents to request and obtain from us once a year, free of charge, information about the personal information as defined by Shine the Light (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year. If you are a California resident and would like to obtain information about our compliance with this law, please contact us as set out in “Contact Us” above. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Ackert is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Additional Disclosures for Data Subjects in Europe
Lawful Basis for Processing
Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given your consent to our processing for a specific purpose, either to us or to our service providers, partners, or clients; (b) processing is necessary for the performance of a contract with you or to comply with a legal obligation; or (c) processing is necessary for the purposes of the legitimate interests pursued by Ackert or a third party controller, including our clients, and fundamental rights do not override these interests.
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
You may exercise your rights by submitting a written request to us at the address set forth in “Contact Us” above. We will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
If your personal data has been processed by us on behalf of a client and you wish to exercise any rights you have with such personal data, please inquire with our client directly. If you wish to make your request directly to us, please provide the name of our client on whose behalf we processed your personal data. We will refer your request to that client, and will support them to the extent required by applicable law in responding to your request.
If you would like to submit a complaint about our use of your personal data or response to your requests regarding your personal data, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us at the address set forth in “Contact Us” above.