Itential Privacy Policy

Effective Date: June 8, 2018
Updated: December 16, 2020

Introduction

Itential, Inc (referred to herein as “Itential”, “we”, “our” or “us”), recognizes the importance of protecting personal data we may collect from visitors and any other individual or entity (“Users”, “you”, or “your”) who visit our web sites. This Privacy Policy applies to data collection and privacy practices of Itential and shall apply to your use of the website, www.itential.com and other Itential-related sites, communications, capabilities and services (“Services”) accessible on or by any top-level Itential domain owned by us (each, a “Site” and collectively the “Sites”), but excluding services that state that they are offered under a different privacy policy.

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; and (5) the choices we offer, including how to access and update information. Specifically, our Privacy Policy covers the following topics:

1. When This Privacy Policy Applies
2. Terms of Use
3. Data We Collect
4. Data We Collect Related to California Residents
5. How We Use Personal Data We Collect
6. Our Legal Basis for Collecting Personal Data
7. Data We Share
8. Sale of Personal Data
9. Your Failure to Provide Personal Data
10. Our Retention of Your Personal Data
11. Your Choices and Accessing, Updating or Deleting Your Personal Data
    1. California Users’ Rights With Respect to Personal Data
    2. European Users’ Rights With Respect to Personal Data>
    3. Changing or Deleting Your Personal Data
    4. Our Opt-in/Opt-out Policy
    5. Your Ad Choices
12. Third Party Links
13. International Transfer
14. How We Protect Personal Data
15. Children
16. Direct Marketing and “Do Not Track” Signals
17. Itential Customers
18. Changes to this Privacy Policy
19. How to Contact Us

Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.

If you have any questions or comments about this Privacy Policy, please submit a request to privacy@itential.com

When This Privacy Policy Applies

Our Privacy Policy applies to all of the services offered by Itential and its affiliates, and services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Terms of Use

By accessing or using the Sites in any manner, you also agree to be bound by Itential’s Terms of Use (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.

Personal Data We Collect

We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of personal data include: full name, home address, email address, date of birth, digital identity, such as a login name or handle, information about your device, and certain metadata.

“Sensitive Personal Data” refers to a smaller subset of personal data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation. Itential does not collect or use Sensitive Personal Data and asks that you do not> provide Sensitive Personal Data to us.

We collect Personal Data in the following ways:

1. Information You Give to Us

As you evaluate whether Itential is the right solution for you, you may choose to provide us with Personal Data about yourself, including your name, email, phone number, zip or postal code, country, and user name and password, by completing forms on our website, such as when you request information about our Services, register for a program, or purchase a product. In order to complete the purchase of a product, an online credit card transaction may be required. When using our Services, you may provide us with messages sent between those individuals you have authorized to use our Services. In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services. While on our Site, you may choose to provide us with employment and education information when you apply for a job at Itential.

The Sites offer interactive and social features that permit you to submit content and communicate with other users. You may provide personal data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other users.

Please note that if you do not provide us with Personal Data, your ability to use certain aspects of our products and services may be limited.

2. Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; and cookies that uniquely identify your browser. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.

• Location Data

If you grant us access to your location, Itential may collect information about your location when you use our Sites and Services. Your location can be determined by: IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, Wi-Fi).

• Device ID

When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.

3. Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google and similar third party advertising or analytics partners.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.

Data We Collect Related to California Residents

During the last twelve (12) months, we have collected the following categories of personal information from consumers.

We obtain the categories of Personal Data listed above from the following categories of sources:

• Directly from our customers or their agents.
• Indirectly from our customers or their agents. For example, through information, we collect from our clients in the course of providing Services to them.
• Directly and indirectly from activity on our website (www.itential.com). For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
• From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and Pinterest.
• From third parties that assist us in providing certain transactions and services, even though it appears that you may not have left our Site.

How We Use Personal Data We Collect

We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

1. To inform you about services available from Itential;
2. To authorize access to our Sites and Services;
3. To provide you with Services and Products;
4. To offer and administer programs;
5. To administer content, promotion, sweepstakes, surveys, voting polls or other Site features;
6. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, and other offers or promotions, and to deliver pertinent emails;
7. To send you confirmations, updates, and security alerts and support administrative messages and otherwise facilitate your use of, and our administration and operation of the Services;
8. For Marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we sent to you, sending you other promotional materials, and notifying about special promotions, offers, events or opportunities that may be of interest to you;
9. To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
10. To respond to and support users regarding their use of the Sites and Services;
11. To process applications for employment that you submit through the Sites;
12. To perform data analysis and testing;
13. To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts
14. To comply with all applicable legal requirements;
15. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
16. To otherwise fulfill the purpose for which the information was provided.

We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our Company and our users.

We and our service providers may use IP addresses to understand the locations from which out Users are accessing the Services. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with your personal information as Personal Data pursuant to this Privacy Policy.

We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. We may use your personal information to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

Our Legal Basis for Collecting Personal Data

Whenever we collect Personal Data from you, we may do so on the following legal bases:

1. Your consent to such collection and use;
2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services or your request for Products;
3. Our legitimate business interest, including but not limited to the following circumstances where collecting or using Personal Data is necessary for:
   • Intra-organization transfers for client data for administrative purposes;
   • Product development and enhancement, where the processing enables Itential to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of our users, and to better understand how people interact with our Sites;
   • Communications and marketing, including processing data for direct marketing purposes, and subject to your opt-in for these purposes, and to determine the effectiveness of our promotional campaigns and advertising;
   • Fraud detection and prevention;
   • Enhancement of our cybersecurity, including improving the security of our network and information systems; and
   • General business operations and diligence;

Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

Personal Data We Share

Itential may disclose your Personal Data to commercial providers for a business purpose, which include verifying your identity when making a payment. When we disclose Personal Data for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for the purposes set forth in the contract.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Data for one or more business purposes:

• Identifiers;
• California Customer Records Personal Information categories;
• Commercial information;
• Internet or other network activity information;
• Geolocation Data;
• Professional or employment-related information;
• Inferences drawn from other personal information.

We disclose your Personal Data for a business purpose to the following categories of third parties:

• Our affiliates;
• Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities available to our Users;
• Commercial providers;
• Enterprise accounts, such as your employer;
• Third parties to whom you or your agents authorize us to disclose your Personal Data in connection with the services we provide to you.

We do not share personal information with companies, organizations and individuals outside of Itential unless one of the following circumstances applies:

1. With your consent. We will share personal data with companies, organizations or individuals outside of Itential when we have your consent to do so.
2. For external processing. We provide personal information to our affiliates or other trusted businesses or partners to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. These third parties include business function and marketing partners. It is our policy to only share Personal Data with contractors, service providers and other third parties who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Under certain circumstances, you may avoid having us share your information with our business partners and vendors by not granting us permission to share your information. Not granting us permission to share your information with our business partners or vendors may limit your access to their services through the Sites. We do not share personal information with third parties for their own marketing purposes.
3. For Legal Reasons. We will share Personal Data with companies, organizations or individuals outside of Itential if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
   • meet any applicable law, regulation, legal process or enforceable governmental request.
   • enforce applicable Terms of Use, including investigation of potential violations.
   • detect, prevent, or otherwise address fraud, security or technical issues.
   • protect against harm to the rights, property or safety of Itential, our Users or the public as required or permitted by law.

   We attempt to notify Users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

4. Business Transfers. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Data about our users is often a transferred business asset. In the event that Itential itself or substantially all of our assets are acquired, Personal Data about our users may be one of the transferred assets.
5. Aggregate Site Use Information. We may share aggregate and anonymized/pseudonymized Personal Data to third parties in order to promote or describe use of the Sites, for research, marketing, advertising, or similar purposes.

We attempt to notify you about legal demands for your Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

Sale of Personal Data

In the preceding twelve (12) months, we have not sold any Personal Data.

Your Failure to Provide Personal Data

Your provision of Personal Data is required in order to use certain parts of our services and our programs. If you fail to provide such Personal Data, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.

Our Retention of Your Personal Data

We may retain your Personal Data for a period of time consistent with the original purpose for collection. For example, we keep your Personal Data for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period of time afterward. We also may retain your Personal Data during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

Your Choices and Accessing, Updating or Deleting Your Personal Data

Whenever you use our services, we aim to provide you with choices about how we use your Personal Data. We also aim to provide you with access to your Personal Data. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of personal information we maintain about you or you may update or correct inaccuracies by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that personal information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below.

• California Users’ Rights With Respect to Personal Data

Under the California Consumer Privacy Act (“CCPA”), California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.

Below we further outline specific rights which California residents may have under the CCPA.

• The right to be informed. You are entitled to be informed of the use of your Personal Data. This Privacy Policy provides such information to you.
• Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Data over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
• Right to Data Portability. You have the right to a “portable” copy of your Personal Data that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Data stored on our servers or information technology environment to another service provider’s servers or information technology environment.
• Right to Delete Your Data. You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies.
• Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
  • Exercising Your Rights

If you are a California resident who chooses to exercise your rights, you can:

1. Submit a request via email to privacy@itential.com, or
2. Call +1 (800) 404-5617 to submit your request.

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.

• Our Response to Your Request

Upon receiving your request, we will confirm receipt of your request by sending you an email. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Debug products to identify and repair errors that impair existing intended functionality;
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
8. Comply with a legal obligation; or
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

• European Users’ Rights With Respect to Personal Data

Some data protection laws, including the European Union’s General Data Protection Regulation (“GDPR”), provide you with certain rights in connection with Personal Data you have shared with us. If you are resident in the European Economic Area, you may have the following rights:

1. The right to be informed. You are entitled to be informed of the use of your Personal Data. This Privacy Policy provides such information to you.
2. The right of access. You have the right to request a copy of your Personal Data which we hold about you.
3. The right of correction: You have the right to request correction or changes of your Personal Data if it is found to be inaccurate or out of date.
4. The right to be forgotten: You have the right to request us, at any time, to delete your Personal Data from our servers and to erase your Personal Data when it is no longer necessary for us to retain such data. Note, however, that deletion of your Personal Data will likely impact your ability to use our services.
5. The right to object (opt-out): You have the right to opt-out of certain uses of your Personal Data, such as direct marketing, at any time.
6. The right to data portability: You have the right to a “portable” copy of your Personal Data that you have submitted to us. Generally, this means your right to request that we move, copy or transmit your Personal Data stored on our servers / IT environment to another service provider’s servers / IT environment.
7. The right to refuse to be subjected to automated decision making, including profiling: You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
8. The right to lodge a complaint with a supervisory authority.

You can make these requests by emailing us at privacy@itential.com or by contacting us at the contact information below. We will consider your request in accordance with applicable laws.

• Changing or Deleting Your Personal Data

You may update or correct information about yourself by emailing us at privacy@itential.com. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.

We may contact you to request that you update your Personal Data on a regular basis to ensure its integrity for the purposes of ongoing data management.

• Our Opt-in/Opt-out Policy

By providing an email address on the Itential Sites, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any service related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a user to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.
2. At any time, you can contact us through privacy@itential.com or the address or telephone number provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Data.

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

• Your Ad Choices

As described above, we or third party partners may place or recognize a unique cookie on your browser when you visit our Sites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. Itential is a participant in the online industry’s self-regulatory program administered by the DAA and has agreed to adhere to the DAA’s principles applicable to interest-based ads.

The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not Itential. Itential does not control or operate these tools or the choices that advertisers and others provide through these tools.

Third Party Links

The Sites may contain links to webpages operated by parties other than Itential. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Itential strongly recommends that each User review the third party’s terms and policies.

International Transfer

We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Data.

Since we are a global organization, Personal Data and any additional information submitted may be used globally in connection with employment, business processes within Itential, or communicating with our clients. Therefore, Personal Data may be transferred to other Itential entities worldwide, where it will be processed in accordance with this Privacy Policy and laws that are applicable in each country. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.

By submitting your information and Personal Data using the Sites, you agree to this transfer, storing or processing. We will take all steps necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy. If we transfer your Personal Data out of your jurisdiction, we will implement suitable safeguards and rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Data is protected.

How We Protect Personal Data

Itential maintains administrative, technical and physical safeguards designed to protect the User’s Personal Data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.

If Itential collects account information for payment or credit, Itential will use the information only to complete the task for which the account information was offered.

Although we take reasonable steps designed to protect your Personal Data, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Data or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions.

Children

The Site is not intended for use by children. We do not intentionally gather Personal Data about visitors who are under the age of 16 (or a minor in the jurisdiction in which you are accessing our Sites or Services). If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at privacy@itential.com. If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.

Direct Marketing and “Do Not Track” Signals

Don Not Track (“DNT”) is the concept that has been promoted by regulatory authorities, in particular by the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism to allow internet users to control the tracking of their online activities across websites. Itential does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to DNT signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed personal information to third parties for the third parties’ direct marketing purposes. We do not disclose personal information to third parties for the third parties’ direct marketing purposes. California users may request further information about our compliance with this law by e-mailing us at the address listed in the “How to Contact Us” section. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Itential Customers

Itential customers (“Itential Customers”), engage us to deliver Services to their users. Customer Information, Information about our Customer’s Contacts and Archival Information (each defined below) are governed by this Privacy Policy, the Itential Terms of Services and any other services agreements between Itential and the applicable Customer.

• Itential Customer Information. We collect information about individuals within our Itential Customers organization (“Customer Information”). Partner Information may include information related to the Partner’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Partner Information to support the Customer account, maintain our business relationship with the Customer, respond to Partner inquiries, or perform accounting functions. Itential Customers may update personal information and password by logging into the Itential Platform and updating their account. Itential Customers may contact Itential support in order to delete their Personal Information. In some cases, we may not be able to delete Partner Information, and in such cases we will tell you why.
• Information about our Customers’ Contacts. We collect information about any contacts, such as their users and others, that may be uploaded into the Itential Platform (“Information about our Customers’ Contacts”). Information about our Customer’s Contacts may include name, e-mail address, phone number, job title, or similar kinds of information. We use Information about our Customer’s Contacts for the purposes of providing Services to such contacts. Itential Partners may update or delete Information about their contacts in the Itential Platform. Itential Partners may also contact Itential support in order to update and delete such information. In some cases, we may not be able to delete such information, and in such cases we will tell you why.
• Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our Itential Customers. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Itential Customers and the third parties they correspond with. We do not control or monitor the information our Itential Customers collect and store through our services, or their privacy practices or policies. It is our Customer’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Customer’s communications and use of our services. Our Customer’s privacy policies or practices apply to Archival Information, the purposes for which the Partner collects Archival Information, how the Partner may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Customer in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Customer.
• Automatically Collected Information. We collect information automatically about how our Itential Customers use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Itential Customers with certain customized features. We may use Automatically Collected Information to tell us how our Itential Customers use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.

We treat Customer Information, Information about our Customer’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our Itential Customers, subject to the terms of the Itential Terms of Service and any other service agreement between Itential and the Itential Customer. We do not share Partner Information, Information about our Partner’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Customer, as may be necessary to provide services to the Customer, to our advisors, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Customer, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Partner Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, Itential Customers, channel partners or service providers.

We will retain Customer Information we process on behalf of our Itential Customer for as long as needed to provide services to our Customer, or for the period of time requested by a particular Customer. Itential Customers are responsible for obtaining consent and maintaining any Personal Information collected with their forms. Please let us know if your Personal Information was improperly collected by an Itential Customer. While Itential only collects the Personal Data necessary to provide Services, you may collect a wide variety of information from your customers using the forms you create with our Services.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

How to Contact Us

If you have any specific questions about this Privacy Policy, you can contact us via email or writing to us at the address below:

Send e-mail to: privacy@itential.com

Send mail to our address:

Itential
Attn: Privacy Policy Inquiry
1350 Spring Street NW
Suite 500
Atlanta, GA 30309
U.S.A.