Effective October 2nd, 2019 You take online privacy seriously, and so does CallMiner, Inc. (“CallMiner”, “we” or “us”). It’s our way of sustaining your trust in CallMiner, as well as in our products and services. In this Privacy Policy (Policy), we describe how we collect, use and disclose information that we obtain about visitors to our website, callminer.com and domains under CallMiner’s control (Site), and the services available through our Site (Services). By visiting our Site or using any of our Services, you understand that your information, including personal information, will be handled as described in this Policy. Your use of our Site and Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. Our Terms of Use are incorporated by reference into this Policy.

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: 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 the webpage that led you to our Site. Please see Cookies and Other Tracking Technologies below for additional information.

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 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. – To comply with applicable legal obligations, as part of our general business operations, and for other business administration purposes. This includes instances where we believe necessary to investigate, prevent or take action regarding illegal activities or suspected fraud situations involving potential threats to the safety of any person or where there have been violations of our Terms of Use or this Privacy Policy.

Disclosing Your Information We may disclose your information to the following persons 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. – To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities or suspected fraud situations involving potential threats to the safety of any person, there has been a violation of our Terms of Use or this Policy, or as evidence in litigation in which we are involved. – 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.

Cookies and Other Tracking Mechanisms Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests, but we do not track you after you leave our Site. You may disable certain tracking on our Site, as discussed in this section (e.g., by disabling cookies).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and 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. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them 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, or 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, similar in function to cookies. 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 (a.k.a. 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 customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Other Party’s Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and Services. We also may use other analytic means to evaluate our Site and Services. We use these tools to help us improve our Site’s and Services’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Targeted Advertising and Ad Networks We (or our service providers) may send users targeted ads, based on your location and activities within our Site and your use of our Services. We may also participate in other ad networks and allow such networks to use cookies, pixel tags and other tracking technologies on our Site to collect usage information, to display targeted ads to you on our Site and on other sites, and to track the effectiveness of advertising campaigns. These networks may be able to associate the information they collect with other information they have about you from other sources. You may opt-out of many ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of other party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp and www.aboutads.info/choices.

We may disclose certain information (such as your email address) to other parties—such as Google (to opt-out of Google Analytics Audiences and other Google advertising, go to https://adssettings.google.com/)—so that we can better target ads and content to you and others with similar interests on other parties’ websites or media (“Custom Audiences”). 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 also 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.

Other Links 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 such other websites.

Security of My 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.

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 privacy@callminer.com. Please note that we will continue to communicate with you for Service-related issues.

Contact Us If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@callminer.com.

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.

Information Collected by CallMiner Our Customers. Although this Policy applies only to information collected online, we nevertheless want to be transparent about how we handle information that we process and store on behalf of our customers. CallMiner receives information about individuals through the processing of audio and written consumer interactions with CallMiner’s customers (Customer Personal Information). Processed audio and written consumer interactions are stored in CallMiner’s secure hosting facilities and are for retrieval and use by CallMiner’s customers and may include research and development, provided that all processing only occurs in accordance with our agreements with our customers. Customer Personal Information is the confidential information and property of CallMiner’s customers. CallMiner does not use internally, resell or redistribute any Customer Personal Information. CallMiner may transfer customer data that includes Customer Personal Information to our own vendors for the purpose of fulfilling contractual obligations with CallMiner’s customers. However, any such vendor is required to guarantee substantially similar levels of protection of Customer Personal Information and abide by the substantially similar security standards as CallMiner. CallMiner may also be required to disclose Customer Personal Information as a matter of law or to protect CallMiner’s legal rights. If you have questions regarding your personal information collected by a CallMiner customer, which is a part of Customer Personal Information stored by CallMiner, you are encouraged to contact CallMiner’s customer to resolve such inquiry. In the event you are unsuccessful in resolving the matter directly with CallMiner’s customer or you are unsure how to contact CallMiner’s customer, please send an email to privacy@callminer.com and we will assist you directly.

Additional Information for EU 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. Where we process information collected at the direction of CallMiner’s customers, we are acting as a data processor and CallMiner’s customer is the data controller. If you have any questions about how the 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, in order to make improvements to our products and Services and to provide you with 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, 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, 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, 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 details 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 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 Union 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 (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) 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 (iv) 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: 1. we have your consent; or 2. to establish, exercise or defend legal claims; or 3. to protect the rights of another natural or legal person.

– Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) 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.

– 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 please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at privacy@callminer.com. 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.

We may ask you for additional information to confirm your identity and for security purposes before disclosing the 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, 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.

Cross-border Transfer of Information.  We maintain servers and systems in the United Kingdom, Australia, and in the United States hosted by other service providers. Our EEA and United Kingdom customers may transfer personal information to us in the United States, 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 United Kingdom that we collect through or in connection with the Site or our Services is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) 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, 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 European Union 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 of operating our business and providing Services to your employer
Name, business contact information To market our Services and the services of our joint marketing partners Our legitimate interests of operating our business


Your consent.

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;


Your consent

Name and contact information To administer surveys and questionnaires Our legitimate interests.