Simon Data Privacy Statement (revised March 16, 2019)
Simon Data, Inc. (“Simon” or “Simon Data”) is committed to protecting the privacy of individuals. This Privacy Notice (“Privacy Notice”) explains how information is collected, used and disclosed by Simon, and applies to information collected when you use or access our online or mobile websites (such as WWW.SIMONDATA.COM), products and services (collectively, the “Simon Data Platform” or “Services”), or when you attend a Simon event, or otherwise interact with us.
We respect the privacy rights of users and recognize the importance of protecting information collected about you. Please read the following carefully to understand how we will collect, use and maintain your personal information, as well as your choices regarding use, access and correction of your personal information.
Changes to This Notice
This Privacy notice may occasionally change. If and when we make changes, notification of these changes will be reflected by updating the revision date at the top of this Privacy Notice. In some cases, we may provide additional notice (such as adding a statement to our homepage or sending you an email notification). In the event of material changes to this Privacy Notice, we will notify you more directly by email or means of a notice on the homepage prior to the change becoming effective.
Your use of the Simon Data Platform after the posting of such changes shall constitute your consent to such changes.
Simon collects the following types of personal information:
Information you provide to us
We collect information you provide directly to us including when you visit one of our websites, register for and/or use Simon Data Services.
For example, we collect information when you request information via a form on our website; participate in a survey, contest, promotion, sweepstakes, activity or event; make a purchase; apply for a job; requesprivacy@t customer support; or communicate with us via third-party social media sites.
The types of information we may collect directly from you include your name, username, email address, postal address, phone number, employer’s name, job title, transactional information (including services purchased or subscribed to and billing address) as well as any contact or other information you choose to provide.
Information we collect automatically
How Do We Use Your Data?
Simon uses personal information in order to perform the services requested. For example, information provided while filling out a “demo request” form on simondata.com will be used to contact you about scheduling a product demo.
Specifically, the information may be used in the following ways:
- Provide, operate, maintain and improve the Simon Data Platform
- Enable you to access and use the Simon Data Platform
- Send you technical notices, updates, security alerts, and routine administrative messages
- Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and invoices
- Respond to your comments, questions, and requests and provide customer service and support
- Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about Simon
- Monitor and analyze trends, usage, and activities in connection with the Simon Data Platform
- Investigate and prevent unauthorized access to the Simon Data Platform
- For other purposes about which we notify you.
Simon may also use information provided during event registration for marketing purposes. For example, Simon may use information you provide in order to further discuss your interest in the Simon Data Platform.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
- Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
- Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- IP address
- Device identifiers
- First and Last name
- Email addres
- Cookies and other tracking technologies
Examples of these legitimate interests include:
- Operation and improvement of our business, products and services
- Marketing of our products and services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How and With Whom Do We Share Your Data?
We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Notice or our Terms of Service. These parties include:
- Payment processors
- Fraud prevention service providers
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Co-location service providers
- Telecommunications service providers
We also share Personal Data when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
- Maintain the security of our products and services
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this Privacy Notice.
We do not sell or rent your personal information to third parties for their marketing purposes.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Simon publishes customer testimonials on its website which include information such as name, title, and organization. In all cases, Simon seeks and receives prior written consent to the publication of such information.
We may combine non-personally identifiable information collected through cookies with other Personal Information that we have about you, for example, to tell us who you are or whether you have an account. We may also supplement the information we collect from you with information received from third parties in order to enhance our Services, or to offer you information that we believe may be of interest to you.
You can control and/or delete cookies as you wish – for details, see aboutcookies.org. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of the Services.
Further information on cookies can be found at http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm
What types of cookies do we use and for which purposes?
We use the following types of Cookies:
|UserMatchHistory||180 days||Third Party||LINKEDIN OPT-OUT|
|bcookie||2 years||Third Party||LINKEDIN OPT-OUT|
|BizoID||180 days||Third Party||LINKEDIN OPT-OUT|
|lidc||1 day||Third Party||LINKEDIN OPT-OUT|
|lang||Session||Third Party||LINKEDIN OPT-OUT|
|Hubspot||hubspotutk||10 years||Third Party||HUBSPOT OPT-OUT|
|Hubspot||__hssrc||Session||Third Party||HUBSPOT OPT-OUT|
|Hubspot||__hstc||2 years||Third Party||HUBSPOT OPT-OUT|
|Heap Analytics||_hp2_id.*||2 years||Analytical|
|Simon Data||sessionid||1 week||Analytical|
|Simon Data||_ju_dc||1 year||Functionality|
|Simon Data||_ju_dn||1 month||Essential|
|Simon Data||sd_client_id||2 years/td>||Essential|
These are cookies that are required to provide you with features or services that you have requested. For example, Cookies that enable you to log into secure areas of our site. Disabling these Cookies will encumber the Services’ performance and may make certain features and services unavailable.
These Cookies are used to recognize you when you return to our Services. This enables us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
These Cookies allow us to understand how visitors use our site. This includes information about the number of visitors to the site, what pages visitors view on our site and how long visitors are viewing pages on the site. Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our advertising campaigns and to optimize our Services’ content for those who engage with our advertising.
Third Party Cookies
These are Cookies placed by a third party on your device and may provide information to those third parties about browsing habits (including your visits to our Services, the pages you have visited and the links and advertisements you have clicked) that may help identify if certain services that such third parties provide are being used, identify your interests, retarget you and serve advertisements that are relevant to you. We do not have control or access to such Cookies. If you look at one page on our Services, an advertisement may be delivered to you on our Services or on other sites, for products referenced on that page or for similar products and services. We do not engage in retargeted advertising for children users of our Services.
In this Privacy Notice we display the advertising providers we currently engage as well as a link to enable you to opt-out from the processing of your personal information. Opt-out options are also available on the websites of the Network Advertising Initiative (NAI), the Digital Advertising Alliance (DAA) and the European Digital Advertising Alliance (eDAA).
Session Cookies and Persistent Cookies
The types of Cookies described above may be “session Cookies” which are temporary Cookies that are only stored on your device while you are visiting our site or “persistent Cookies” which are Cookies that are stored on your device for a period of time after you leave our site. The length of time a persistent Cookie stays on your device varies from Cook-ie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time, and measure the ef-fectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience.
Do Not Track
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave the Services.
You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. To find our more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.
To explore what Cookie setting are available to you, look in the “preferences” or “options” section of your browser’s menu.
Protection and Storage
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, the use of third-party service providers. We, and third-party service providers on our behalf, store and process your personal information in the United States and elsewhere in the world. If your information is transferred to other countries, including countries which may not have data protection laws that provide the same level of protection that exists in your country, we will protect the information as described in this Privacy Notice.
The servers on which personal information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any passively-collected personal information you choose to include in documents you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.
While no service is completely secure, Simon takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls, and information access authorization controls.
You may access your account information and our service only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
Sharing of Information Collected
We may share your personal information we collect from you with:
- Companies that we plan to merge with or are acquired by. (Should such a combination occur, we will require that the new combined entity follow this Privacy Notice with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)
- Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Simon; when we need to do so to comply with law; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
- Other third parties with your consent or direction to do so.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Simon will be the controller of your Personal Data processed in connection with the Services.
If there are any conflicts between this section and any other provision of this Privacy Notice, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at PRIVACY@SIMONDATA.COM. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email PRIVACY@SIMONDATA.COM. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by contacting us at PRIVACY@SIMONDATA.COM.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can correct some of this information directly by contacting us at PRIVACY@SIMONDATA.COM.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about Simon’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Simon and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Simon in the U.S. and will be hosted on U.S. servers, and you authorize Simon to transfer, store and process your information to and in the U.S., and possibly other countries according to the principles in the EU-US Privacy Shield Framework. You hereby consent to the transfer of your data to the U.S. pursuant to another safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.
Simon Data has certified to the EU.-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. For more information about the Privacy Shield Program, and to view Company’s certification, please visit www.privacyshield.gov. Company is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Company’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Please contact us at PRIVACY@SIMONDATA.COM with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
Correcting and updating your information
Simon may retain your information for a period of time consistent with the original purpose of collection (for instance, we may retain your information for during the time in which you have an active Simon Data account), and for a reasonable period of time afterward. We also may retain your information during the period of time needed for Simon to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
You may request to review, correct, delete or otherwise modify any of the personal information that you have previously provided to us through Simon’s website or the Simon Data Platform. Direct all such requests to PRIVACY@SIMONDATA.COM. Requests to access, change, or delete your information will be addressed within the legally permissible timeframe.
Simon’s Customers may electronically submit data or information to the Simon Data Platform for hosting and processing purposes (“Customer Data”). Simon will not review, share, distribute, or reference any such Customer Data except as provided in an applicable Master Subscription Agreement, or as may be required by law. Simon may access Customer Data only for the purpose of providing the services or preventing or addressing service or technical problems, or as may be required by law.
Simon does not knowingly collect personal information from children under 16. If you become aware that a child has provided us with personal information, please contact us at REPORT-ABUSE@SIMONDATA.COM. If we become aware that a child under 16 has provided us with personal information, we will take steps to immediately delete such information.
Simon Data’s current list of subprocessors can be found HERE.
What If You Have Questions Regarding Your Personal Data?
If you have any questions about this section or our data practices generally, please contact using the following information:
|Name:||Simon Data, Inc.|
|Physical address:||Simon Data|
54 West 14th Street
New York, NY 10011
|Email address for contact:||email@example.com|
|Data Protection Officer and contact information:||firstname.lastname@example.org|
|Designated representative and contact information:||DP-Dock GmbH|