Effective August 17, 2021
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at firstname.lastname@example.org.
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change, for example, where feasible by highlighting the change on our Site.
Section 1 - The Information That We Collect About You
Information We Collect Directly From You. We collect information directly from you when you use our Site or Services. The type of information that we collect from you depends on your particular interaction with our Site and our Services and may include the following: name, business contact information, such as your company email address, postal mailing address, and phone number, and any other information that you choose to provide to us. When you log in to our Services, we will collect your username and password information. If you choose not to provide us with your information, we will not be able to provide you with our Services or respond to your inquiries.
Information We Collect Automatically About You. We automatically collect information about your use of our Site or Services through cookies, web beacons, and other technologies, such as your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL or webpage that led you to our Site.
Cookies and Other Tracking Mechanisms
Do-Not-Track. Our systems recognize browser “do-not-track” requests. We also do not track you after you leave our Site. You may disable certain tracking on our Site, as discussed in this section.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive via your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate on our Site and for our Services, while others are used to enable a faster log-in process or to allow us to track your activities on our Site and Services.
Disabling Cookies. Many web browsers automatically accept cookies or have a pop-up to allow you to manage cookies. If you prefer, you can edit your browser options to block cookies in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier that are similar to cookies functionally. However, in contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We or our service providers may use clear GIFs, such as web beacons, web bugs, or pixel tags, in connection with our Site to, among other things, track the activities of Site visitors, help manage content, and compile statistics about Site usage. We or our service providers also use clear GIFs in HTML emails to our prospects, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Targeted Advertising and Ad Networks
We may disclose certain information, such as your email address, to other parties—such as Google so that we can better target ads and content to you and others with similar interests on other parties’ websites or media (“Custom Audiences”). If you would like to opt-out of Google Analytics Audiences and other Google advertising, please visit https://adssettings.google.com.— We may also work with ad networks and marketing platforms that enable us and other participants to target ads to Custom Audiences submitted by us and others. You may control how Google and other parties display certain ads to you as explained further in their respective privacy policies or by using the opt-outs described above.
Our Site and Services may contain links to other websites not controlled by CallMiner. Any access to and use of such linked websites is not governed by this Policy but instead is governed by the privacy policies of those other websites. We are not responsible for the information practices of other websites.
Section 2 - Our Use of Your Information
We use your information, including your personal information (collectively, “Information”), for the following purposes:
- To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer services purposes.
- To tailor the content and information that we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experiences while using our Site and our Services.
- To market our own products and Services, including, where permitted by applicable law, to send you emails about products and services, whether our products and Services or those of another party, that might be of interest to you. From time to time, we may select other companies with information or products we think might be appropriate for you and send you that information on behalf of that other party.
- To assist us in advertising on other websites, mobile apps, and other online services, and to evaluate the success of our adverting campaigns through other party channels including via our online targeted advertising and offline promotional campaigns.
- To better understand how users access and use our Site and our Services, both on an aggregated and an individualized basis, to improve our Site and Services, and for other research and analytical purposes.
- To administer surveys and questionnaires, such as for market research or customer satisfaction purposes.
Section 3 - Disclosing Your Information
We may disclose your information to the following entities and in the following circumstances:
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
- Marketing Partners. We may disclose information we collect from you to other parties that jointly participate in marketing initiatives with CallMiner; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
- Authorized Other Parties. We may share your information with CallMiner’s marketing team and other parties authorized by CallMiner that will assist in delivering our products and Services to you.
- Service Providers. We may disclose the information we collect from you to vendors, service providers, contractors or agents who perform functions on our behalf.
We also may disclose your information in the following circumstances:
- Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another organization, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected about you to the other company. As part of the business transfer process, we may share certain of your information with lenders, auditors, and advisors, including attorneys and consultants.
- In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, a court order, or other legal process, such as in response to a court order or a subpoena.
- Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with other parties for marketing, advertising, research or similar purposes.
Section 4 - Your Choices
We may send marketing communications to you, including information about our products as well as those offered by other parties. If you prefer not to receive promotional email from us, please opt out of our email list using the ‘unsubscribe’ or ‘manage subscriptions’ link included in marketing emails or let us know by sending us an email with your contact information to email@example.com. Please note that we will continue to communicate with you for Service-related issues. You may opt out of these Service-related communications by contacting firstname.lastname@example.org, however, if you opt out of these types of messages, please understand that you may no longer receive critical communications regarding the Services.
Section 5- Other Important Information
Security of Your Personal Information
We have implemented reasonable measures to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, deletion, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security. You should take steps to protect against unauthorized access to your password, mobile device, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Section 6- Additional Information for European Economic Area and United Kingdom Individuals
The information we collect through the marketing services is controlled by CallMiner, Inc., which is headquartered in the United States at 200 West Street, Waltham, MA 02451. When we process information collected for CallMiner’s own purposes, we are acting as the data controller. When CallMiner is processing information collected at the direction of CallMiner’s customers, we are acting a data processor and CallMiner’s customer is the data controller. If you have any questions about how a data controller uses your data, please contact your data controller directly.
The Legal Bases for Using Your Personal Information. We collect your information as a data controller when we have a legal basis to do so. The following legal bases pertain to our collection of information:
- Our use of your personal information is in our legitimate interest as a commercial organization. For example, we utilize your personal information in order to make improvements to our products and Services and to provide you with the information you request. You have a right to object to processing as explained in the section below, entitled Your Legal Rights; and/or
- Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you. For example, we utilize your personal information to facilitate your participation a trial of our Services, where we use your personal information to respond to your customer service requests; and/or
- Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have. For example, we utilize your personal information where we are required to disclose personal information to a court or tax authority; and/or
- Our use of your personal information is in accordance with your consent. For example, we utilize your personal information when you consent to sharing your personal information with another party for their own marketing.
If you would like to find out more about the legal bases on which we process personal information, please see Appendix A at the end of this policy or contact us using the “How to Contact Us” section below.
Retention of Your Personal Information. We retain your personal information for as long as necessary to provide our Services to you, to fulfil the purposes described in this Policy, and/or to assist with our business purposes, or as required by law, regulation, or internal policy.
Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, when CallMiner acts as a data controller, European Economic Area (“EEA”) individuals and United Kingdom (“UK”) individuals have certain rights in relation to their personal information:
- Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and: (a) the source of your personal information; (b) the purposes, legal basis, and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
- You also have the right to request that we delete your information.
- We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.
- Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (a) you contest the accuracy of the data; (b) the use is unlawful but you do not want us to erase the data; (c) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (d) you have objected to our personal information use where such use is justified on our legitimate interests and we must verify as to whether we have a compelling interest to continue to use your data.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
- Right to data portability: To the extent that we process your information based on your consent or under a contract and through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
Right to object to the processing of your personal information: You can object to any processing of your personal information, which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests, which override your rights and freedoms.
- Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of or reference to the safeguards under which your personal information is transferred outside of the EEA or the UK.
- Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you attempt to resolve any issues with us first, however, you have a right to contact your supervisory authority at any time.
CallMiner does not carry out automated decision-making or profiling that would create any legal effects or significantly affect data subjects.
How to Exercise Your Rights: If you would like to exercise any of the rights described above, send email@example.com your request. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete. You may also exercise these rights by selecting the applicable link on our Site for this request when it is available.
We may ask you for additional information to confirm your identity and for security purposes before disclosing personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive.
We may not always be able to fully address your request. For example, this could be the case if it would affect the duty of confidentiality we owe to others or if we are legally entitled to deal with the request in a different way.
CallMiner’s European Union Representative:
VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
To make an inquiry to CallMiner’s European Union representative, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.
Cross-border Transfer of Information. We maintain servers and systems hosted by other service providers including but not limited to the United Kingdom, the EEA, Australia, Canada, and in the United States. Our EEA and UK prospects and customers may transfer personal information to us in the United States and our UK and EEA prospects and customers may transfer personal information between the EEA and the UK, and we also may subcontract the processing of your information to or otherwise share your information with other parties in the United States or countries other than your country of residence. As a result, where personal information from the EEA and UK that we collect in connection with the Site or our Services is transferred to and processed in the United States or anywhere else outside the EEA or the UK for the purposes described above, we will take steps to ensure that the information receives a substantially similar level of protection as if it remained within the EEA and/or the UK as applicable, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses or other approved transfer mechanisms. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.
Appendix A: Our Legal Bases for Processing Personal Information of EEA and UK Individuals where CallMiner is a Data Controller
|Type of Personal Information||Processing Purpose(s)||Our Legal Basis|
|Name, business contact information||To provide our Services||Our legitimate interests
|Name, business contact information||To market our Services and the services of our joint marketing partners||Our legitimate interests
|Computer and mobile device information, including IP address||To provide and improve our website|| Our legitimate interests
|Computer and mobile device information, including IP address, email addresses||Online targeted advertising||Our legitimate interests;
|Name and contact information||To administer surveys and questionnaires||Our legitimate interests.
Section 7 - Additional Information for California Residents
The California Consumer Privacy Act of 2018, as amended, and implementing regulations (CCPA) grants California residents with specific rights regarding the processing of their personal information. For additional details about the personal information we have collected over the past twelve (12) months, please see Section 1, “The Information That We Collect About You,” above. We collect this information for our business and commercial purposes as detailed in Section 2, “Our Use of Your Information,” above. We share this data with other parties as described in Section 3, “Disclosing Your Information,” above.
Under the CCPA, we do not sell personal information that we have collected.
The CCPA provides California residents with the following rights:
- Requests for Information – California residents have the right to request what personal information we have collected, used, and disclosed in the past twelve (12) months, including which categories of personal information we have collected along with our purposes for collection, the categories of sources for that information, the categories of third parties that we have shared your personal information with, and our purposes for sharing such information.
- Right to Opt Out of Sales – We do not sell personal information, so there is no opt out on our Site.
- Right to Notification – We are not permitted to collect any new categories of personal information or use categories of personal information for substantially different purposes without first providing California residents with notification.
- No Discrimination for Exercising Your CCPA Rights – We will not discriminate against any California residents who exercise their privacy rights under the CCPA. The CCPA prohibits discrimination under the law and ensures that there is no difference in price, no separate quality of service, or different levels of goods or services if you exercise your CCPA rights.
- Right to Delete Personal Information – California residents have a right to request the deletion of their personal information that we have collected.
If you would like to exercise any of the rights described above, please send us a request at firstname.lastname@example.org. In your message, please indicate the right you would like to exercise. You may use an authorized agent to submit a request as long as the authorized agent submits proof that they have been authorized by the consumer to act on their behalf. You may also select the applicable link on our Site for this request when it is available.
We may ask you for additional information to confirm your identity and verify your request before disclosing the personal information you requested. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive.
We may not always be able to fully address your request, for example, if we cannot verify the request, the request was not made by an applicable consumer, the request asked for information that is exempt from disclosure, or the request was denied for other reasons.
Categories of Your Personal Information that We Collect
|Category of Personal Information under CCPA||Examples of Personal Information in this Category||Collected?|
|Identifiers||Name, social security number, email address, home address, alias, Internet Protocol address, etc.||Yes|
|Characteristics of Protected Classifications Under California Federal Law||Gender, age, race, etc.||No|
|Commercial Information||Information regarding records of personal property, purchases, spending patters, etc.||Yes|
|Internet or Other Electronic Network Activity Information||Browsing history, search history, analytics information concerning your interactions with our Services, etc.||Yes|
|Geolocation Data||Information provided via GPS or another location-tracking mechanism||Yes|
|Professional or Employment-Related Information||Employment records, professional accolades, accreditations, etc.||Yes|
|Education Information||Student's name, postal address, awards, dates of attendance, etc.||Yes|
|Interferences||Information based on cookie or other tracking data, behavior, attitudes, consumer preferences, etc.||Yes|
- Directly from you. For example, if you visit our Site, respond to a questionnaire, fill out a registration form, or request to receive information about our Services, or expressed interest at a trade show where CallMiner participated in.
- Directly from our customers or our customers’ clients. For instance, from business interaction files that our customers provide us, including call center interactions, email and text chats, and other business interactions.
- Indirectly from our customers or our customers’ clients. For example, this would be information that we obtain from our customers when providing Services to them.
- From third parties that contract with us or interact with us in collection with the Services we perform for our customers and prospects. For instance, from vendors that help us supplement or update information in our database or third parties that integrate their services with ours or provide us access to their services.
Categories of Your Personal Information that We Share for a Business Purpose
We do not sell your personal information, however, we may share the information for operational purposes, which are called “business purposes” under the CCPA. We may also share your personal information when directed to.
- Auditing: We may share the above CCPA categories of personal information that we collect to audit interactions. For example, we may share the information to determine of the quality of an ad impression.
- Security Objectives: We may share the above CCPA categories of personal information that we collect to detect security incidents, prevent fraudulent or illegal activity, and help go after those individuals responsible for malicious activity.
- Internal Research: We may share the above CCPA categories of personal information that we collect to tailor and improve our products and services by further developing our technology.
- Corporate Transaction: We may share the above CCPA CCPA categories of personal information that we collect if CallMiner were to take part in a corporate transaction, such as a merger, acquisition, bankruptcy, or for any due diligence connected with any such transaction.
- Performing Services on Behalf of a Business or Service Provider: We may share the above CCPA categories of personal information that we collect to perform services on behalf of a business or a service provider. For example, we assist in providing analytics to our customers.
We disclose or share your personal information with the following categories of third parties for a business purpose:
- Advertising Networks
- Data Analytics Providers
- Government Entities/Regulators
- Operating Systems and Platforms
- Social Networks
- Data Brokers
- Service Providers
Section 8 - Children’s Privacy
Our Site and Services are not directed or intended for children under thirteen (13) years of age. We do not market any products or Services to children under thirteen (13) years of age or knowingly collect any personal information from children under thirteen (13) years of age. We would only collect and process data or Personal Information related to a child under thirteen (13) years of age when their parent or legal guardian has consented and instructed use to collect and process such data or Personal Information.