This statement (“Privacy Statement”) sets forth the privacy standards that Sitetracker, Inc. (“Company”) utilizes to collect, retain, and use personal data relating to individuals located within the European Union (“EU”), the European Economic Area (“EEA”), Switzerland and the UK, as well as from individuals located in the United States and elsewhere in the world. It is the Company’s policy to respect, and protect, personal data relating to individuals as set forth in this Privacy Statement.
There are certain provisions of this Privacy Statement that only apply to individuals in the EU, EEA, Switzerland or the UK. Those sections are denoted as “European Data Subjects Only.”
There are certain provisions of this Privacy Statement that do NOT apply to individuals in the EU, EEA, Switzerland or the UK. Those sections are denoted as “Not Applicable to European Data Subjects.”
You should also review our Terms and Conditions of use of our website located at https://www.sitetracker.com/ (the “website”), which can be found at https://www.sitetracker.com/terms-conditions/ and are applicable and binding upon you with respect to your use of the website.
- What Is the Scope of this Statement?
This Privacy Statement sets forth the principles under which the Company collects, uses, processes, retains, and discloses personal data and/or sensitive data in the United States. This Privacy Statement covers both our online and offline data collection activities, including personal data obtained by and through our website or offline business transactions, prospection and events, and information you provide to us based upon information from our website (i.e., if you send us an e-mail at an e-mail address identified on the website). This statement covers information received in electronic or other formats.
The terms “we“, “us” and “our” refer to the Company, and its officers, directors, owners, employees and agents.
The term “personal data” means any data which relates to a natural person (as opposed to a business or corporate entity) who is identified or identifiable. As used herein and in connection with our business, the term personal data may include:
- Names and contact information, including phone number, physical address, fax and e-mail;
- Social security number or other national identification or national insurance number;
- Gender and nationality;
- Date of birth;
- IP address;
- Title, position, business/company name;
- Referral source data (i.e., how you ended up at the website);
- Any other similar information provided to us by you or your company in connection with the Services.
The term “processing” means any operation or set of operations performed on personal data. Processing includes, but is not limited to, the collection of data, the organizing of data, the recording or saving/storage of data, the altering of data, the using of data, the disclosing or transfer of data, the deleting or destruction of data, or the making available of data.
- Information We Collect About You and Why We Collect It
We may collect all types of personal data about you as described in Section 2 above under the definition of “personal data.”
We may collect and process all such personal data that you provide to us, or that your employer and/or company in which you own an interest or for whom you work and/or which retains us, provides to us, or that we obtain from a third party source, to enable us to provide the services (the “Services”) as well as some of the systems we use to store and process information we receive from website visitors, We may also collect and process personal data about individuals who register to attend our events and webinars to provide those services, and about individuals with whom we interact through email, other messaging systems, or telephone in order to prospect for business, or conduct our business activities.. Our Services may include:
- Services in connection with the use and management of the website and all content and services therein.
- The Sitetracker project and asset management applications described at https://www.sitetracker.com/ and the associated mobile applications.
In addition to the above, we may also collect other information from you that may include personal data, such as information about your employer, customers, business partners, vendors, contractors, subcontractors, freelancers and family members.
We may use your personal data for the following additional purposes which may be included in, or part of, the Services:
- Updating our records;
- Internal analysis for our business management purposes;
- Any statutory or regulatory purpose which requires the processing of your personal data;
- Legal and regulatory compliance, and obtaining professional advice;
- Fraud and crime prevention;
- Internal or external audits;
- To protect your vital interests or those of another person;
- investigations, the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution or in an administrative or out-of-court procedure; and
- Any other purpose for which valid consent is obtained.
We may also use your personal data to prepare for or in connection with a potential or actual reorganization, asset or share sale or similar transaction.
Please do not supply the following to us:
- Any other person’s personal data, unless the Company explicitly asks you to do so;
- Any categories of your personal data that have not been explicitly requested by the Company;
- Any confidential, proprietary, secret or legally protected information which you are not explicitly requested by the Company to provide; and
- Any confidential, proprietary, secret or legally protected information which are under any legal or contractual obligation to not provide to or share with the Company.
- How We Collect Information About You
We collect information about you (including personal data) when:
- You Give Us Information – You may provide us information when:
- you set up an account with us; you provide it to us by filling out forms;
- you send us e-mail; you provide information via phone or in person;
- you provide us with information in writing and send it to us other than via e-mail, phone or in person (i.e., mail, FedEx, etc.);
- you provide us with documentation;
- you provide us with information which may contain personal data;
- you provide it to use through our “Contact Us” page on the website or in connection with requesting a “Demo” from the website;
- We Collect Information Automatically – We automatically collect certain types of information when you visit our website (as explained below).
We collect information about how you use our Services and the computers or other devices, such as mobile phones or tablets, you use to access our Services. Some examples include:
- IP address
- Precise geolocation information that you allow our apps to access (usually from your mobile device)
- Unique device identifiers and device attributes, like operating system and browser type
- Usage data, such as: web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used our Services, the frequency of your use of our Services, error logs, and other similar information.
- We Collect Information From Other Sources – We may also obtain information about you from outside sources. For example, we may obtain commercially available information about you from third-parties or purchase e-mail lists from third parties for advertising and marketing purposes. We may also receive information from third-parties who provide services for us through web-beacons and other technologies described in this Privacy Statement.
- In addition to managing your cookies accessible in your preference center here, most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via these links:
- https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- https://support.apple.com/en-gb/guide/safari/sfri11471/mac (Safari); and
- https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
- Blocking some or all cookies may have a negative impact upon the usability of many websites, including our website and our Services.
- These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message which are used for such things as recording webpages and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our users’ online behavior and measure the effectiveness of our website and our marketing.
- We may also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the website and/or in emails to use information obtained from them such as pages viewed, emails opened and items upon which you may click in emails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you. See above for more information on our cookies.
- Server Logs
- A web “server log” is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform on our website may record information in server logs. For example, if you enter a search term into a search box located on the website, the server log may record the search term, the link you clicked on to bring you to our website and/or information about your browser, such as your IP address and the cookies set on your browser.
- We will only use server logs if you opt-in on our home page of the website, specifically by using the cookies settings button on the homepage banner, or where otherwise prompted. However, failure to opt in may have a negative impact the functionality of the website and the Services we provide.
- European Data Subjects Only – The Legal Bases On Which We Rely
- We process your personal data identified in this Privacy Statement to perform the Services as defined above, as well as provide events and webinars. The legal basis for this processing is the performance of our contact with you or your employer.
- We may process your personal data identified in this Privacy Statement where necessary for investigations, or the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- We may process your personal data identified in this Privacy Statement to prepare for or in connection with a potential or actual reorganization, asset or share sale or similar transaction. The legal basis for this processing is our legitimate interests, namely exercising our right to enterprise, and our interest in organizing the efficiency and in realizing or increasing the value of our assets.
- We may process your personal data identified in this Privacy Statement where necessary for the purposes of internal analysis, managing risks, fraud and crime prevention, internal or external audits, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely obtaining insights to improve our performance and more efficiently manage our business, and ensuring the proper protection of our business against risks.
- We may process your personal data identified in this Privacy Statement where such processing is necessary or advisable for compliance with a legal obligation to which we are subject (in the EEA, the EU and the UK), such as updating records, performing any legally-required reporting, accounting and tax obligations, and verifications under anti-corruption laws. Where those obligations are imposed by other laws, such as in the United States or Switzerland, the legal basis for this processing is our legitimate interests, namely our interest in conducting our activities in compliance with all applicable laws to help protect our business, stakeholders and customers.
- We may process your personal data in order to protect your vital interests or the vital interests of another natural person.
- Providing Your Personal Data To Others
- We may disclose your personal data to our officers, directors, employees, and agents insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Privacy Statement, including to provide or potentially provide Services to you or for your benefit.
- We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings, ADR or in an administrative or out-of-court procedure.
- We may disclose certain of your personal data to the suppliers and subcontractors.
- The foregoing disclosures are made insofar as reasonably necessary, and only to the extent required, for assisting us in providing our Services to you, storing data and in connection with the administration of our business.
- Third-party service providers who may receive personal data: The Company uses a limited number of third-party service providers to assist us in providing our services to customers. These third party providers offer customer support to our customers, perform database monitoring and other technical operations, assist with the transmission of data, and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. The Company maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Privacy Shield obligations, including the onward transfer provisions, and the Company remains liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.
- In addition to the specific disclosures of personal data set out in this Section 9, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution, or in an administrative or out-of-court procedure.
- Compelled disclosure: The Company may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- International transfers of your personal data and Privacy Shield Compliance – For European Data Subjects Only
- In this Section 10, we provide information about the circumstances in which your personal data may be transferred to countries outside the EEA (Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden) or Switzerland or the UK.
- The European Commission has made an “adequacy decision” with respect to companies in the United States that are eligible for and adhere to the EU-U.S. Privacy Shield, meaning that when those companies receive personal data from the EEA or the UK the transfer has adequate safeguards. The Swiss Government has approved the Swiss-U.S. Privacy Shield as a valid legal mechanism to transfer personal data from Switzerland to companies in the United States that are eligible for and adhere to the Swiss-U.S. Privacy Shield. The Company complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. The Company has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
- In compliance with the Privacy Shield Principles, the Company 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 email@example.com. The Company has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/.
- The Company is a Delaware Corporation with its principal place of business located at 491 Bloomfield Avenue, Suite 301, Montclair, New Jersey 07042 (United States). In the event the Company transfers any of your personal data to a third party in the United States or elsewhere outside of the EEA or Switzerland, including other countries in which we have operations. A list of our global offices is available here: https://www.sitetracker.com/company/. Such transfers will be protected by appropriate safeguards through the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
- Retaining And Deleting Personal Data
- This Section 11 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
- Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. The length of time for which we retain data depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
- In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based upon the performance of our Services, and any applicable industry and governmental standards.
- We may also retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- We may update this Privacy Statement from time to time by publishing a new version on our website.
- You should check this page occasionally to ensure you are happy with any changes to this Privacy Statement.
- If there are any material changes to this Privacy Statement, we will notify you by email, by means of a notice on our websites, or as otherwise required by applicable law.
- Your Rights – European Data Subjects Only
- In this Section 13, we have summarized the rights that European data subjects have under applicable data protection law, including the GDPR. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
- Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent under certain circumstances.
- You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
- You have the right to have any inaccurate personal data about you rectified 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 data. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing where no other legitimate basis for retention exists; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; or the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
- In some circumstances you may have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
- You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
- You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
- You have the right to object to our processing of your personal data 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.
- If you consider that our processing of your personal data infringes 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 infringement.
- To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
- In some countries, you may have the right to give us directions about how to dispose of your personal data after your death.
- You may exercise your rights by contacting us at firstname.lastname@example.org.
- If you no longer wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails. Further, if you no longer wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Statement, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please note that de-identified and aggregate data including your personal information may still be shared, but it will not be identified or identifiable to you. Please direct your opt-out request, or your request to exercise any of your rights in relation to your personal data by emailing us at email@example.com.
- Your Choices About Information We Collect
- You have the right to opt-out of certain uses and disclosures of your personal information as set out in this Privacy Statement. Please note that if you do not provide us with certain personal information the Company may be unable to provide you with its Services, or those Services may not be as good as they otherwise could be.
- Device and Usage Information. If you do not want us to see your device location, you can turn off location sharing on your device, change your device privacy settings, or decline to share location on your browser.
- General Information
- The Company is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
- There exists the possibility, under certain conditions, for the individual to invoke binding arbitration when other dispute resolution procedures have been exhausted.
- The Company acknowledges the potential liability in cases of onward transfers to third parties of personal data of EU or Swiss individuals received pursuant to Privacy Shield.
- Privacy of Children Who Visit the Website
We recognize the importance of children’s safety and privacy. The website is not designed to attract children, and is not intended for use by any children under the age of 18. We do not request, or knowingly collect, any personally identifiable information from children under the age of 18. If you are under age 18, you do not have permission to use this website or our Services.
- Additional Information for Californian Residents: Your California Privacy Rights
- The California Consumer Privacy Act of 2018 (“CCPA”), in effect as of January 1, 2020, requires businesses that collect personal information of California residents to make certain disclosures regarding how they collect, use and disclose such information. This section addresses those requirements. For a description of all of our data collection, use, and disclosure practices, please read this Privacy Statement in its entirety.
Personal Information Collection and Sharing
Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. It does not include publicly available data as defined by the CCPA. We collect the following categories of personal information about you and share that personal information with third parties for a business purpose:
- Name, Contact Information and other Identifiers, including name, address, IP address, and email address;
- Customer Records, including telephone number, fax number.
- Protected Classifications, including gender and nationality;
- Professional or Employment-Related Information, including title, position, and company name;
- Internet or Other Network or Device Activity, including browsing history, clickstream data, search history, and information regarding interactions with an internet website, application or advertisement.
We do not sell personal information as we understand that term to be defined by the CCPA and its implementing regulations.
- Sources of Personal Information – The sources from which we collect personal information are described in Sections 4, 5, 6, and 7 above.
- Purposes for Collecting Personal Information – We collect the personal information identified in the list above for the following purposes: to provide the Services; to defend our legal rights; to secure and protect our business; in connection with any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business; and other purposes set forth in Section 8 above.
- California Consumer Rights – California law gives California residents the right to make the following requests with regard to certain information we collect, at no charge:
- The right to request a copy of personal information that we collected in the past 12 months.
- The right to request deletion of personal information that we collected, subject to certain exemptions (for example, where the information is used by us to detect security incidents, debugging or to comply with a legal obligation).
- The right to request that we disclose personal information we collect, use, and disclose.
The right to request a copy and the right to request that we disclose personal information may be made up to two times every 12 months.
- You can submit a copy, deletion or right-to-know request online by filling out our form here or by contacting us at firstname.lastname@example.org.
- We do not discriminate against you for exercising your rights or offer you financial incentives related to the use of your personal information.