3. Personal Information We Collect. We collect various personal information regarding you or your device. This includes the following: Information you provide to create an Account, specifically email address, first name and last name. If you sign up for Paid Services, we receive a portion of your payment information from our payment processor (such as the last four digits, the country of issuance and the expiration date of the payment card) and we ask you to select your jurisdiction. Your marketing preferences.
The emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. Please be aware that information on public parts of our sites is available to others. Information you share with us in connection with surveys, contests or promotions.
Information from your use of the Services or Users’ sites. This includes: IP addresses, preferences, web pages you visited prior to coming to our or our Users’ sites, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services and our Users’ sites (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
Information we get from our partners to support our marketing initiatives, improve our Services and better monitor, manage and measure our ad campaigns, such as details about when our partner shows you one of our ads on or via its advertising platform. Other information you submit to us directly or through Third Party Services if you use a Third Party Service to create an Account (based on your privacy settings with such Third Party Service).
4. How We Collect Personal Information. We obtain personal information from various sources. We do this in three main ways: You provide some of it directly (such as by registering for an Account). We record some of it automatically when you use our Services or Users’ sites (including with technologies like cookies). We receive some of it from third parties (like when you register for an account using a Third Party Service or when you make payments to us using our payment processor). We’ve described this in more detail below.
a. Personal Information You Provide. When you use our Services, we collect information from you in a number of ways. For instance, we ask you to provide your name and email address to register and manage your Account. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions. Sometimes we require you to provide us with information for contractual or legal reasons. For example, we may ask you to select your jurisdiction when you sign up for Paid Services to determine if, and how much, tax we need to collect from you. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
b. Personal Information Obtained From Your Use Of Our Services. When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices. If you’ve given us permission through your device settings, we may collect your location information in our mobile apps. If you are an End User of our Users’ sites, we also get information about your interactions with their sites, though we use this in anonymous, aggregated or pseudonymized form which does not focus on you individually. We use this data to evaluate, provide, protect or improve our Services (including by developing new products and services). Some of this information is collected automatically using cookies and similar technologies when you use our Services and our Users’ sites. We let our Users control what cookies and similar technologies are used through their sites (except those we need to use to provide the Services properly, such as for performance or security related reasons).. Some of this information is similarly collected automatically through your browser or from your device.
c. Personal Information Obtained From Other Sources. If you use a Third Party Service (such as Google) to register for an Account, the Third Party Service may provide us with your Third Party Service account information on your behalf, such as your name and email address (we don’t store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service. If you authorize us to access other information through a prescribed authorization process (such as Google oAuth), the Third Party Service may provide us with access to user data. We follow all fair use and best practice guidelines pertaining to the access, use and storing of the data this provides. We do not share this data with other parties without further clear and explicit user consent.
b. We Process Your Personal Information For The Above Purposes When: Consent. You have consented to the use of your personal information in a particular way. When you consent, you can change your mind at any time. Performance of a contract. We need your personal information to provide you with services and products requested by you, or to respond to your inquiries. In other words, so we can perform our contract with you or take steps at your request before entering into one. For example, we need your email address so you can sign in to your Outspoke IO account. Legal obligation. We have a legal obligation to use your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request. Legitimate interests. We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following cases: To operate the Outspoke IO business and provide you with tailored advertising and communications to develop and promote our business. To analyze and improve the safety and security of our Services - we do this as it is necessary to pursue our legitimate interests in ensuring Outspoke IO is secure, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse. To provide and improve the Services, including any personalized services - we do this as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our Users on a sustained basis. To share your personal information with other Outspoke IO group companies that help us provide and improve the Services. To anonymize and subsequently use anonymized information. Protecting you and others. To protect your vital interests, or those of others. Others’ legitimate interests. Where necessary for the purposes of a third party’s legitimate interests, such as our partners who have a legitimate interest in delivering tailored advertising to you and monitoring and measuring its effectiveness or our Users who have a legitimate interest in having their sites function properly and securely and analyzing the usage of their sites so they can understand trends and improve their services.
6. How We Share Your Personal Information. a. We Share Personal Information In The Following Ways: Affiliates. We share personal information with our affiliates when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the services we or they provide. Users. We share with our Users data regarding usage by End Users of their sites. For example, we provide a User with information about what web page the End User visited before coming to their site and how their End Users interacted with their site. This is so Users can analyze the usage of their sites and improve their services. Business partners. We may share personal information with business partners. For example, we may share your personal information when our Services are integrated with their Third-Party Services, but only when you have been informed or would otherwise expect such sharing. Service providers. We share personal information with our service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, manage our advertisements on other sites, send marketing and other communications on our behalf or assist with data storage. Process payments. We transmit your personal information via an encrypted connection to our payment processor. Following the law or protecting rights and interests. We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms of Service) or prevent fraud or abuse of Outspoke IO or our Users or End Users. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements. Advertising. We share personal information with third parties so they and we can provide you with tailored advertising and measure and monitor its effectiveness. For example, we may share your pseudonymized email address with a third party social media platform on which we advertise to avoid serving Outspoke IO ads to people who already use Outspoke IO. Business transfers. If we're involved in a reorganization, merger, acquisition or sale of some or all of our assets, your personal information may be transferred as part of that deal.
7. Your Rights and Choices. Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information. You can access, update, change or delete personal information (or that of your End Users) either directly in your Account or by contacting us at email@example.com to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us at the same email address. You can also elect not to receive marketing communications by changing your preferences in your Account or by following the unsubscribe instruction in such communications. Please note that, for technical reasons, there is likely to be a delay in deleting your personal Information from our systems when you ask us to delete it. We also will retain personal Information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law. Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal. If you are an End User of one of our User’s sites, you should contact them to exercise your rights with respect to any information they hold about you.
8. How We Protect Your Personal Information. While no service is completely secure, we have a security team dedicated to keeping personal information safe. We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing of, the personal information in our possession. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities.
10. Data Transfers. Personal information that you submit through the Services may be transferred to countries other than where you live, such as, for example, to our servers in the U.S. We also store personal information locally on the devices you use to access the Services. Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. We rely upon a number of means to transfer personal information which is subject to the European General Data Protection Regulation (“GDPR”) in accordance with Chapter V of the GDPR. These include: Privacy Shield. We transfer, in accordance with Article 45 of the GDPR, personal information to companies that have certified their compliance with the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks (each individually and jointly, the “Privacy Shield”), including Outspoke IO, Inc. Standard data protection clauses. We may, in accordance with Article 46 of the GDPR, transfer personal information to recipients that have entered into the European Commission approved contract for the transfer of personal data outside the European Economic Area. Other means. We may, in accordance with Articles 45 and 46 of the GDPR, transfer personal information to recipients that are in a country the European Commission or a European data protection supervisory authority has confirmed, by decision, offers an adequate level of data protection, pursuant to an approved certification mechanism or code of conduct, together with binding enforcement commitments from the recipient to apply the appropriate safeguards, including as regards data subjects’ rights, or to processors which have committed to comply with binding corporate rules.
b. End User Payment Information. Your End Users’ payment information may be processed via third party eCommerce Payment Processors with which you integrate your Account, in accordance with such eCommerce Payment Processors’ terms and policies. We transmit your End Users’ complete payment information when they initially provide or update it only so that we can pass it along to the eCommerce Payment Processors you agree to use. We don’t collect or store your End Users’ payment information.
Outspoke IO, Inc.
Attention: Legal - Privacy
30 Broad Street, Suite 1424
New York, NY 10004 United States