Privacy Notice Version Date: September 1, 2021

This privacy notice (“Notice”) applies to the technology services owned and operated by CommercialTribe, Inc. (“CommercialTribe”, “we”, “us”, “our”). CommercialTribe has created this Notice in order to demonstrate our commitment to customer privacy. This Notice applies to all of our products and our websites, including www.commercialtribe.com, www.commercialtribe.net, and our associated mobile solutions (collectively, the “Applications”) and the services offered by CommercialTribe through the Applications CT Connect and CT Readiness (the “Services”) to customers and individuals who are authorized to access the Services (“Users”). This Notice governs our data collection, processing and usage practices. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal data. By using the Applications, you consent to the data practices described in this Notice. If you do not agree with the data practices described in this Notice, you should not use the Applications or the Services.

CommercialTribe collects information under the direction of its clients, only as a “data processor” or “service provider”, and has no direct relationship with the individuals whose personal data it processes. We process personal data based on the documented instructions of our clients. To learn about our clients’ lawful bases for processing your personal data, please read their privacy policies. If you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our Services, please contact the client that you interact with directly.

We may transfer personal data to companies that help us provide our Services. Transfers to subsequent third parties are covered by the agreements entered  with our clients.

CommercialTribe has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to the CommercialTribe’s client (the data controller). If requested to remove data, we will respond within a reasonable timeframe.

We will retain personal data we process on behalf of our clients for as long as needed to provide the Services to our clients. CommercialTribe will retain this personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

This Notice does not apply to personal data we collect by other means, such as personal data that we receive as part of our sales and marketing efforts, or the personal data of our employees.

  1. Information Collected

We may collect personal data from Users and visitors to our Applications in a variety of ways, including, but not limited to, when Users visit our Applications, fill out a form, and in connection with the Services or the other activities, features or resources we make available on our Applications. When registered to use the Services through our Applications, we will require our clients to give us contact information which includes certain user personal data, such as name, company name, email address, location, and role or departmental organization, as well as the number of Users within the organization that will be using the Services. CommercialTribe also requires Users to submit video, audio, or presentation content where necessary to respond to activities or prompts from Clients. At the time you express interest in obtaining additional information about our Services, or when you register for the Services, we may also ask for additional information about you and your company, such as title, department name, or additional company information, such as number of employees and industry. Users and visitors can browse the public website without providing any personal data and individuals may always refuse to supply personal data at any time, except that it may prevent them from engaging in certain site-related activities, such as login and recording. Use of some CommercialTribe Applications requires the collection of certain personal data, at a minimum name, email address, and company name, as well as User-submitted video content, should the User choose to use such Services.

We may collect information about Users and visitors to our Applications whenever they interact with our Applications or use our Services. The information may include the browser name, the type of computer and technical information about Users and visitors means of connection to our Applications, such as the operating system and the Internet service providers utilized and other similar information. We may combine this automatically collected log information with other information we collect about you. We do this to improve the functionality of the services that we offer you.

  1. How We Use Collected Information

We use the information you provide to:

  • Administer your account with us, deliver our Services, and customize the Services we provide to you.
  • Respond to your inquiries or customer service requests.
  • Enable you to record video or audio content, or submit presentation content, in response to prompts or activities.
  • Send you service or promotional communications through email and notices in CommercialTribe.
  • Deliver our Services by sharing information with third parties, if necessary. For example, to enable email communications to Users.
  • Enable you to share your information and communicate with other Users.

In general, information (including personal data) you submit to us is used by us to provide you and others with the Services, to respond to requests that you make, to improve our Services and to better tailor the features, performance, and support of the Services. In addition, CommercialTribe uses the information that we collect to set up Services for individuals and their organizations. Submitted video, audio, or presentation content is used to create or respond to Client-issued prompts and activities. We may also use the information to contact clients to further discuss client interest in the Services that we provide. User email addresses and any personal data will not be distributed or shared with any third parties other than CommercialTribe employees, consultants and representatives, except as otherwise provided below.

Users can opt out of being contacted by us, or receiving such information from us, at any time by updating your marketing email preferences, as indicated below or by contacting us at helpdesk@commercialtribe.com. Separately, Users are also asked to provide an email address when registering for the Services, in order to receive a login link. We may also email information regarding updates to the Services or CommercialTribe. Again, email will not be distributed or shared and Users can opt out of receiving any communication by updating your marketing email preferences at the time it is distributed, or at the time any User registers for the Services.

Except as we explicitly state at the time we request information, or as provided for in the CommercialTribe agreement governing your use of the Services (the “SaaS Agreement”) or this Notice, we do not disclose to any third party the information provided. Any financial and billing information collected through the use of the Applications is used solely to check the qualifications of prospective clients and to bill for Services. This billing information is not used by CommercialTribe for marketing or promotional purposes.

Users of the Services will be using the Applications to host data and information, some of which may be private or proprietary and may contain personal data about individuals that relate to identified or identifiable individuals  (“User Data”). As used herein the term “User Data” also includes personal data as defined under GDPR. This includes name, email address, role/hierarchy information, and self-submitted video/audio and presentation content, where applicable. CommercialTribe will not review, share, distribute, print, or reference any such User Data except as provided in the CommercialTribe SaaS Agreement, or as may be required by law. We or our third-party service providers may view or access User Data only in connection with providing the Services on our behalf and for the purpose of resolving a problem, support issue, or suspected violation of the SaaS Agreement, or as may be required by law. This includes data processing by authorized third parties as part of our Services.

Information provided by Users and visitors to the Applications is logged to help diagnose technical problems, and to administer our Applications in order to constantly improve the quality of the Services. We may also track and analyze aggregate usage and volume statistical information from our visitors and Users, and we may provide such information to third parties that assist us for these purposes. We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Services. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual User.

  1. How We Protect Your Information

We adopt commercially reasonable and appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of User Data and your personal data stored on our Applications. When our Applications are accessed using any currently supported browser, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption during transmission of User Data. If at any time you have questions about the security of your personal data, you can contact us at helpdesk@commercialtribe.com.

  1. Disclosure of Personal Data

Except as otherwise stated in this Notice, we do not disclose to or share your personal data with third parties, unless you ask or authorize us to do so. We may provide your personal data to third-party service providers and suppliers who work on behalf of or with us to provide you with some of the Services and features of the Services and to help us communicate with our Users (for example, in the submission of e-mail communications on our behalf and the providing of customer service). However, these service providers and suppliers do not have any independent right to use this information except to help us provide the Services, and are subject to the same data security and privacy terms as internal practices. Email addresses and names are provided to a third-party transactional email service to communicate with Users, and this service can be suspended at any time within the user profile or by request to helpdesk@commercialtribe.com.

Our service providers may provide:

  • application hosting services;
  • cloud storage services;
  • customer support services;
  • security services;
  • email software;
  • analytics and data metrics services; and
  • communication and support services.

Some of these third parties may be located outside of the United States. However, before transferring your personal data to these third parties, we will either ask for your explicit consent or require the third party to maintain at least the same level of privacy and security for your personal data that we do. We remain liable for the protection of your personal data that we transfer to third parties, except to the extent that we are not responsible for the event that leads to any unauthorized or improper processing.

In addition, some of these third parties may be located outside of the European Economic Area, Switzerland, and the United Kingdom. In some cases, the European Commission may not have determined that the countries’ data protection laws provide a level of protection equivalent to European Union law. We will only transfer your personal data to third parties in these countries when there are appropriate safeguards in place, such as the European Commission approved standard contractual data protection clauses and appropriate technical, contractual, and organizational supplemental measures to ensure the safety of the personal data.

In the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal data will likely be among the assets transferred. You acknowledge that such transfers may occur and that any acquirer of CommercialTribe or its assets may continue to use your personal data as set forth in this Notice. You hereby consent to CommercialTribe sharing your personal data under the above circumstances.

In certain situations, CommercialTribe may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal data as required by law, such as to comply with a subpoena, bankruptcy proceedings, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We also may be required to disclose an individual’s personal data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

The United States Federal Trade Commission has jurisdiction to investigate and to bring enforcement actions for claims against CommercialTribe regarding possible unfair or deceptive practices and violations of laws or regulations covering privacy, including the EU-US Privacy Shield.

  1. Updating Your Information

Upon request, CommercialTribe will provide you with information about whether we hold or process any of your personal data on behalf of a third party. To request this information please contact us at helpdesk@commercialtribe.com.

Users may update or change their registration information by editing their User Profile, by logging in to your User Account. Additionally, Users may update personal data, have registration information deleted, or discontinue a User Account by emailing us at helpdesk@commercialtribe.com. We will respond to your request within a reasonable timeframe.

We will retain your information only for as long as your account is active or as needed to provide you services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. Tracking Technologies

We, CommercialTribe, and our partners, affiliates, or analytics or service providers, including online customer support and marketing providers, use technologies such as cookies or similar technologies to analyze trends, administer the website, tracking Users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based on your browsing activities and interests. If you would prefer not to accept cookies, you can alter the configuration of your browser to reject all cookies or some cookies. Please note this does not opt you out of being served ads. You will continue to receive generic ads. For more information, please visit https://www.aboutcookies.org/.

  1. Blog

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal data from our blog or community forum, contact us at helpdesk@commercialtribe.com. In some cases, we may not be able to remove your personal data, in which case we will let you know if we are unable to do so and why.

  1. Testimonials

We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at helpdesk@commercialtribe.com.

  1. Social Media Features

Our website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share This button or interactive mini-programs that run on our website. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the Notice of the company providing it.

  1. Use of CommercialTribe Screen Recording

Use of CommercialTribe’s Screen Recording functionality allows a user to selectively record applications, desktops, or other tools open on their computer. It is the responsibility of the user to ensure that any information not related to the recording, confidential or otherwise, is not visible on the recording. CommercialTribe can only capture the screen that the user authorizes for recording, and cannot edit content once it is recorded. However, the user can, at any time, re-record, reject, or otherwise delete a screen recording to fully remove that video from the platform, or request this deletion from CommercialTribe at helpdesk@commercialtribe.com.

  1. Consent to International Transfer

CommercialTribe primarily stores User Data it collects about Users and visitors to the Applications in the United States of America. If you are outside of the United States, please be aware that the United States may have different laws concerning the privacy of personal data than your country of residence and may not provide the same level of data protection as the laws of your country. By submitting personal data to us, you are consenting to the collection, storage, and processing of that information in the United States and to any country to which we may transfer your personal data for the purposes described in this Notice.

  1. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

CommercialTribe participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, as adopted and set forth by the U.S. Department of Commerce, regarding the processing of the applicable personal data. We commit to adhere to the Privacy Shield Principles and have certified our adherence to the Department of Commerce. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.

CommercialTribe is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, CommercialTribe may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

13. VeraSafe Privacy Program

CommercialTribe is a member of the VeraSafe Privacy Program. This means that VeraSafe has assessed our data governance and data security (regarding personal data processed within the in-scope Application CT Connect) for compliance with the VeraSafe Privacy Program Certification Criteria. The certification criteria requires that participants maintain a high standard for data privacy. Participants must also implement specific best practices regarding notice, onward transfer, choice, access, data security, data quality, recourse, and enforcement.

  1. Dispute Resolution

Where a privacy complaint or dispute cannot be resolved through our internal processes, we have 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 and participate in the VeraSafe Privacy Shield Dispute Resolution Procedure, please submit the required information through the webform located here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

If a complaint or dispute related to personal data cannot be resolved through CommercialTribe’s internal process, in addition to the VeraSafe Dispute Resolution Procedure, CommercialTribe has agreed to cooperate with the EU data protection authorities and the Swiss Federal Data Protection and Information Commissioner and to participate in the dispute resolution procedures of the panel established by such data protection authorities.

15. Binding Arbitration

If your dispute or complaint cannot be resolved by us, nor through the dispute resolution program established by VeraSafe, you may have the right to require that we enter into binding arbitration with you under the Privacy Shield’s “Recourse, Enforcement and Liability Principle” and Annex I of the Privacy Shield.

  1. Security, Data Modification, and Retention

Security

CommercialTribe utilizes industry-leading security standards that are reasonably designed to ensure User Data is protected from unauthorized processing such as unauthorized access, disclosure, alteration, or destruction. Access to User Data is limited to Users, their direct managers, and specially designated customer success managers.

All system resources are patched in real-time, with automated security and software updates. System code is internally and externally reviewed, including manual tests and reviews, automated scans, and a suite of annual penetration tests.  We do not warrant perfect security and we do not provide any guarantee that your User Data or any other information you provide will remain secure.

Data Modification, Portability, and Removal

A User or organization may modify their personal data within the CommercialTribe platform.  If unable to do so, they may also request changes from CommercialTribe support.

A User or organization may at any time request removal of personal data.  Generally, contractual obligations require CommercialTribe to disclose when a contracted User requests account deletion. If such a clause is not in place, CommercialTribe will generally consult with the User’s organization and complete deletion within 30 days of the request.

A User or organization may at any time request access to any or all of their personal data. You may also have the right to ask that we limit our processing of your personal data, as well as the right to object to our processing of your personal data. You may also have the right to data portability.

If we have received your personal data in reliance on our Privacy Shield certification, you may also have the right to opt out of having your personal data shared with third parties and to revoke your consent to our sharing your personal data with third parties. You may also have the right to opt out if your personal data is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized.

All data requests must reach helpdesk@commercialtribe.com, and based on the situation will be processed within 30 days.

Data Retention

CommercialTribe will retain personal data on behalf of each client only for as long as is required to provide Services to that client and in any event, for so long as it is required by law.   As we process personal data on behalf of clients, we may retain information for the periods requested by the client or delete information as the client’s request. We will review retention periods periodically, and if appropriate, we may anonymize data held for longer periods.

  1. Privacy of Children

We do not knowingly collect personal data from anyone under 13. In the event that we learn that we process personal data from a child under age 13, we will delete the personal data we have stored as quickly as possible. If you believe that we might have any personal data from or about a child under 13, please contact us or the client that has provided the child’s information to us.

  1. Changes to This Notice

CommercialTribe has the discretion to update this Notice at any time. When we do, we will revise the policy notice version date and we will notify you by means of a notice posted on this website when the change becomes effective. We encourage Users to frequently check this page for any changes to stay informed about how we collect, store and use your personal data and User Data. You acknowledge and agree that it is your responsibility to review this Notice periodically and become aware of modifications.

By using this Site or the Services, you signify your acceptance of this Notice. Your continued use of the Site or the Services following the posting of changes to this Notice will be deemed your acceptance of those changes. You may view this Notice at any time on http://www.commercialtribe.com/privacy and within any CommercialTribe Application, with a link to the Notice at any point when CommercialTribe collects or uses your personal data.

  1. Use of the Mobile Application

We use mobile analytics software to allow us to better understand the functionality of our mobile apps on your mobile device. In addition to information we collect on our Applications, when you use our mobile apps we may also collect your city, device model and version, OS version, network availability, usage, bandwidth your subscription service credentials, and such other relevant information.

We send push notifications from time to time in order to update you about events or promotions. If you no longer wish to receive such communications, you may turn them off at the device level. We may link information we store within the analytics software to personal data you submit within the Applications or in connection with our Services, including the mobile app.

  1. Contact Us

If you have any questions or suggestions regarding this Notice please contact us by sending us an e-mail to legal@commercialtribe.com or by contacting us at:

 

CommercialTribe, Inc.
Attn: Legal
1941 Pearl St.
Suite 2R
Boulder, CO 80302

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