− Categories of Personal Data We Collect
− Categories of Sources of Personal Data
− Our Commercial or Business Purposes for Collecting Personal Data
How We Share Your Personal Data
Tracking Tools, Advertising and Opt-Out
Data Security and Retention
Personal Data of Children
California Resident Rights
Other State Law Privacy Rights
European Union and United Kingdom Data Subject Rights
Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
o When you provide such information directly to us.
▪ When you create an account use our interactive tools and Services.
▪ When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
▪ When you send us an email or otherwise contact us.
o When you use the Services and such information is collected automatically.
▪ Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
▪ If you use a location-enabled browser, we may receive information about your location.
▪ If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
● Public Records
o From the government or other sources.
● Third Parties
▪ We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
▪ We may use vendors to obtain information to generate leads and create user profiles.
o Advertising Partners
▪ We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
Our Commercial or Business Purposes for Collecting Personal Data
● Providing, Customizing and Improving the Services
o Creating and managing your account or other user profiles.
o Processing orders or other transactions; billing.
o Providing you with the products, services or information you request.
o Meeting or fulfilling the reason you provided the information to us.
o Providing support and assistance for the Services.
o Improving the Services, including testing, research, internal analytics and product development.
o Personalizing the Services, website content and communications based on your preferences.
o Doing fraud protection, security and debugging.
o Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
● Marketing the Services
o Marketing and selling the Services.
o Showing you advertisements, including interest-based or online behavioral advertising.
● Corresponding with You.
o Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Utmost or the Services.
o Sending emails and other communications according to your preferences or that display content that we think will interest you.
● Meeting Legal Requirements and Enforcing Legal Terms
o Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
o Protecting the rights, property or safety of you, Utmost or another party.
o Enforcing any agreements with you.
o Responding to claims that any posting or other content violates third-party rights.
o Resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
How We Share Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.
● Service Providers. These parties help us provide the Services or perform business functions on our behalf.
o Hosting, technology and communication providers.o Security and fraud prevention consultants.
o Support and customer service vendors.
o Product fulfillment and delivery providers.
o Payment processors.
▪ In the event we use a third-party payment processing partner they may collect your voluntarily-provided payment card information necessary to process your payment.
● Analytics Partners. These parties provide analytics on web traffic or usage of the Services.
o Companies that track how users found or were referred to the Services.
o Companies that track how users interact with the Services.
● Business Partners. These parties partner with us in offering various services.
o Businesses that you have a relationship with.
o Companies that we partner with to offer joint promotional offers or opportunities.
● Parties You Authorize, Access or Authenticate
o Third parties you access through the services.
o Social media services.
o Other users.
We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “OurCommercial or Business Purposes for Collecting Personal Data” section above.
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect,including by removing information that makes the data personally identifiable to a particular user. Wemay use such aggregated, de-identified or anonymized data and share it with third parties for our lawfulbusiness purposes, including to analyze, build and improve the Services and promote our business,provided that we will not share such data in a manner that could identify you.
Tracking Tools, Advertising and Opt-Out
We use the following types of Cookies:
● Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services.Disabling these Cookies may make certain features and services unavailable.
● Functional Cookies. Functional Cookies are used to record your choices and settings regarding ourServices, maintain your preferences over time and recognize you when you return to our Services.These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
You can decide whether or not to accept Cookies through your internet browser’s settings. 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) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ orhttps://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.
Information about Interest-Based Advertisements:
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer’s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/.
Data and Security Retention
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our 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. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:
● The categories of Personal Data that we have collected about you.
● The categories of sources from which that Personal Data was collected.
● The business or commercial purpose for collecting or selling your Personal Data.
● The categories of third parties with whom we have shared your Personal Data.
● The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
● Email us at: email@example.com or firstname.lastname@example.org
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Data Sales Opt-Out and Opt-In
We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.
In this section, we use the term ‘sell’ as it is defined in the CCPA. We sell your Personal Data, subject to your right to opt-out of these sales.
To our knowledge, we do not sell the Personal Data of minors under 16 years of age.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
European Union and United Kingdom Data Subject Rights
EU and UK Residents
If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK 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. Utmost will be the controller of your Personal Data processed in connection with the Services.
Personal Data We Collect
The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
Personal Data Use and Processing Grounds
The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.
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.
● Legitimate Necessity: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
Examples of these legitimate interests include (as described in more detail above):
● Providing, customizing and improving the Services.Marketing the Services.
● Corresponding with you.
● Meeting legal requirements and enforcing legal terms.
● Completing corporate transactions.
● We may also de-identify or anonymize Personal Data to further our legitimate interests.
● 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.
Sharing Personal Data
The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.
EU Data Subject Rights
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 us at email@example.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 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 logging on to your account.
● 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 also correct some of this information directly by logging on to your account.
● 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 Utmost’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Utmost 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 Utmost in the U.S. and will be hosted on U.S. servers, and you authorize Utmost to transfer, store and process your information to and in the U.S., and possibly other countries.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Frameworks, Utmost is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to you in the U.S. Upon request, we will provide you with access to the Personal Data that we hold about you. You may also correct, amend, or delete the Personal Data we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the U.S. under Privacy Shield, should direct their query to firstname.lastname@example.org If requested to remove data, we will respond within a reasonable timeframe.
We will provide you with the choice to opt-out, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than the purpose for which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your Personal Data, please submit a written request to email@example.com
In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Utmost’s accountability for Personal Data that it receives in the U.S. under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Utmost remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process Personal Data on its behalf do so in a manner inconsistent with the Privacy Shield Principles, unless Utmost proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Utmost commits to resolve complaints about your privacy and our collection or use of your Personal Data transferred to the U.S. pursuant to Privacy Shield. Please contact us at firstname.lastname@example.org with any questions, concerns or complaints relating to our Privacy Shield Certification.
Utmost has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
● Utmost Software Ltd., Jefferson House, Eglinton Road, Dublin 4, D04 E6PO
If you are located in the EU or UK, you may use the following information to contact our Data Protection Officer and our EU or UK-Based Member Representative: email@example.com