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Privacy Policy

Updated May 25, 2018

Determine, Inc. and its subsidiaries and affiliates (collectively, “Determine”) respect your privacy and are committed to protecting it through our compliance with this policy and any and all applicable laws, rules, and regulations including the General Data Protection Regulation (EU) 2016/679 (“GDPR”). Please be aware of notices and requests for permission as you browse the www.determine.com (the “Website”) including as related to “Cookies”.

This policy describes the type of information Determine may collect from you and/or that you may provide us when you visit and/or use the Website. Please note additional terms may be applicable to www.determine.fr or other websites more specific to the European Union.

“User(s)” means any user of the Website

A User’s use of the Website is conditioned upon acceptance of this Privacy Policy, the Cookies Policy located at the bottom of this page, and the Terms of Service which are accepted by continuing to use the Website.

1. Scope.

This Privacy Policy describes the Personal Information (as defined below) we collect about Users on the Website, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information. The Privacy Policy does not apply to information collected by us offline or through any other means, including any third party or any application or content (including advertising) that may link to or be accessible from or on the Website.

1.1 Although many areas of the Website do not require registration and may be accessed by a User without having to disclose any Personal Information, we or our service providers and/or third-party advertisers may ask you for certain kinds of Personal Information, including but not limited to your name, email address, mailing address, telephone number, age, user name and password, and other information that might identify you as an individual (“Personal Information”). The Personal Information we collect about you may also be combined or supplemented with information from other sources. Any Personal Information used in any manner will be used consistent with this Privacy Policy. Furthermore, if you are a Determine customer or an end user of Determine’s software, we will have entered into a master subscription agreement or end user license agreement, respectively, and such agreements prevail in all instances.

1.2 By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof and the Terms of Use set forth on the Website. If there is anything you do not understand please email any inquiry to privacy@determine.com. If at any time you do not agree to this Privacy Policy, you may not use the Website.

1.3 We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and to check the Website regularly to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

2. Information Collected.

2.1 We may collect information that you provide directly to us. You may provide different types of Personal Information to us when you engage in certain Website activities, such as:

  1. creating an account,
  2. registering for a webinar(s),
  3. submitting, posting or accessing various content or features,
  4. responding to and submitting a form(s),
  5. participating in our blogs, podcasts or forums,
  6. entering a sweepstakes, contest, promotion or other special initiative,
  7. signing up for a special offer,
  8. completing a survey,
  9. sending feedback,
  10. requesting or submitting information,
  11. applying for a job, or
  12. directly contacting us.

It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity. Please note you will be asked to provide specific permission for each such use of Personal Information in compliance with GDPR and you should only provide those permissions which you wish to voluntarily consent.

In compliance with GDPR, you can request an audit of your Personal Information and any permissions related thereto by e-mailing GDPR@determine.com with a detailed request.

2.2 We may also collect certain information automatically, including through use of cookies, web beacons and other technologies. More information about such technologies is found in our Cookies Policy located at the end of this page. This information may include the following: your browser and mobile device type, operating system and name of your Internet service provider; web pages you visit on the Website; IP address, browser type, profile information, geo-location information; information about your interactions with email messages, such as whether the messages were opened and the links clicked in those emails; and standard server log information.

2.3 We collect email lists and information related to meeting requests and marketing services. When you use the Website, you may be given the option to subscribe to or to be added to our subscription or email list, to schedule a personal call/meeting and to request certain resource materials. Whether or not you select this/these option, your Personal Information may be shared with third parties consistent with this Privacy Policy and if permission has been obtained in accordance with GDPR. Subscriptions to the email list or call/meeting requests can be cancelled at any time.

2.4 We collect Information provided when you set up your account/become a registered user. You have the opportunity to create account(s) on the Website, which may include a partner account with us or an end user account for our software subject to the applicable end user license agreement. Using your email and password of your choice, you may access your account online at any time to add, delete, or change information. The Personal Information provided by you is not used for any purpose other than as outlined in this Privacy Policy or other prevailing agreement.

3. Use of Your Personal Information.

We may use the Personal Information we collect for various purposes, including as set forth below, provided, however, we will obtain any permissions as required by law, rule and regulation (including GDPR) prior to the use of such Personal Information for such purposes:

  • authenticate users;
  • provide the materials and/or services we offer and/or you request;
  • enable you to participate in features such as sending and receiving invitations, surveys, reviews, blogs or forums, or to participate in special initiatives and to communicate with you about them;
  • identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you;
  • market research and customized offers;
  • improve our services and overall Website experience;
  • analyze information about visitors to the Website;
  • update and maintain the accuracy of our information;
  • communicate with you by email, postal mail, telephone, text message, or other means about our company, our products, or other information that we believe may be of interest to you;
  • provide others with your information for the limited purposes described in this Privacy Policy;
  • if you join our electronic mailing list, to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates; and
  • send you notices of a transactional, administrative or relationship nature or as required by law.

In compliance with GDPR, you can request an audit of your Personal Information and any permissions related thereto by e-mailing GDPR@determine.com with a detailed request.

4. Sharing Personal Information With Third Parties.

4.1 We may also disclose your Personal Information to outside individuals and/or companies who help us:

  1. bring you the services we offer;
  2. create, operate, and maintain the Website; and
  3. provide specialized services such as mail and e-mail distribution, mobile messaging, Website hosting, monitoring, and analytics.

We provide these companies only with the information they need to perform their services and will obtain your permission prior to sharing. We may also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information. Please review our Cookies Policy and other information and only provide your permission where voluntary.

4.2 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website or the public.

4.3 In addition, if we go through a business transition, such as a merger, acquisition by another company or a financing, investment, support or funding, sharing or sale of all or a portion of our assets, your Personal Information will likely be among the assets shared or transferred. If we engage in any of these types of transactions, your information will be subject to our Privacy Policy in effect at the time of the transfer or sharing of such information.

5. Your Security.

5.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.

5.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website(s), any transmission of Personal Information is at your own risk except as otherwise required by law, rule, or regulation (including GDPR). We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Website.

6. Links to Other Site(s).

6.1 While visiting the Website, you may link to websites operated by third parties or you may have come to the Website(s) using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any websites that may be linked to the Website). Such other websites are independent from us, and we have no control over, or responsibility for their information, products or activities.

6.2 In addition, our privacy practices may differ from those of these other websites. If you provide Personal Information at one of those website, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand any other website’s privacy policy before providing Personal Information.

7. Control of Personal Information and Opt-Out.

7.1 As set forth above and in compliance with GDPR, you can request an audit of your Personal Information and any permissions related thereto by e-mailing GDPR@determine.com with a detailed request.

7.2 You may opt out of: (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at privacy@determine.com. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Website communications will not affect your receipt of service-related communications such as payment confirmations.

7.3 Opting out of online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.

7.4 Our products and services may use Google Analytics Advertising Features and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit Google’s Ad Settings page, currently located at https://www.google.com/settings/ads/anonymous. Website users can also access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout or http://tools.google.com/dlpage/gaoptout?hl=en. We may also work with Facebook and Apple to provide analytics in connection with our Website(s), including our mobile applications. For more information about Facebook’s privacy practices, you may visit https://www.facebook.com/about/privacy, and for Apple’s privacy policy, click here http://www.apple.com/privacy/privacy-policy/.

7.5 You may can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.

7.6 We will also follow the European Interactive Advertising Digital Alliance (EDAA) guidelines for online advertising and you may opt out via its opt out program, currently available at http://www.youronlinechoices.eu/.

7.7 When using the ad industry opt out tools described in Sections 8.3 through 8.6, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

7.8 You can opt out of accepting cookies or disable them from your browser. The Help function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Website(s) that are available to other users. For example, we may use cookies to recognize you by name when you return to this Website so you do not have to login again and provide your password. Please review our Cookies Policy located at the bottom of this page for more information.

8. Children.

We do not permit persons under 18 years of age to use the Website, and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.

9. Your California Privacy Rights.

9.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Determine, Inc., 615 W. Carmel Dr., Suite 100, Carmel, IN 46032 ATTN: Privacy Officer. You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our Website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.

9.2 In addition, please note the following:

  1. Users can visit the Website(s) anonymously;
  2. We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Website(s);
  3. Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
  4. Users will be notified of any privacy policy changes on our Privacy Policy page;
  5. Users are able to change their Personal Information by emailing us or by calling us;
  6. Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and
  7. We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Website(s) by third parties

10. Disclosure for Legal Purposes.

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of fraud, improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

11. Non-Confidential Information.

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

12. Assignment.

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

13. International User Notice.

For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union — the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy and in compliance with laws, rules, and regulations including GDPR. By using the Website, you agree to have your information used and transferred to the United States as set forth in this policy and as elected in any relevant forms.

14. Disputes.

Any disputes arising out of or regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of Indiana, applicable to agreements made and performed in Indiana. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in Chicago, Illinois.  The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All disputes between you and Determine will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Determine or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Determine or you pursuant to the following conditions:

  1. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Wilmington, Delaware.
  2. Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
  3. Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
  4. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
  5. Costs and Fees. You will be subject to a $250 filing fee to initiate arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with Determine remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
  6. Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  7. Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
  8. Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of Delaware shall be applied, without regard to choice of laws.
  9. Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Determine shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator..

15. Contact.

Under certain circumstances you have a right to rectification, blocking and deletion of your stored personal data. If you would like to make such a request and/or you have any questions about your privacy or security at the Website, or wish to update your Personal Information, please send an email to privacy@determine.com or write to us at Determine, Inc., 615 W. Carmel Drive, Suite 100, Carmel, Indiana 46032 ATTN: Privacy Officer, and include your name, mailing address and email address in the message.


The Determine website may use cookies and similar technologies. This section explains how and why we use these technologies and the choices offered to you to configure them.

What is a “cookie?

A “cookie” is a tracking technology that designates a text file that may be recorded when visiting a website in a dedicated area of your computer, smartphone, or other computer media.

Subject to your choices, cookies are used by the visited website to send information to your browser and to allow this browser to return information to the website visited for tracking purposes.

Cookies allow the issuer to store information about your browsing preferences during the period of validity or registration of the cookie.

How long cookies are kept?

The retention period for cookie information may not, in any event, exceed thirteen (13) months, unless otherwise agreed by you. Cookies will be permanently deleted following this time period.

Why use cookies on the website?

Determine uses several categories of cookies, each of them fulfilling different functions:

  • Cookies required for technical purposes
  • Audience measurement cookies
  • Cookies for uploading content from social platforms and sharing

The 3 different categories of cookies that can be used on the DETERMINE website are described below.

  1. Cookies required for technical purposes – These cookies are necessary for the proper functioning of our Website.
  2. Audience measurement cookies – These cookies are intended to establish the volume and establish statistics of attendance of our sites, the various headings as well as the use of services offered on each of them.
  3. Cookies for uploading content from social platforms sharing – These cookies are used to publish/share social media content

Who uses cookies?

The information that Determine collects through cookies is only used for its own purposes. This information is not the subject of a communication outside the Determine group.

How to manage cookies?

  • Prior consent to the deposit of cookies – It is considered that you have given your consent to the deposit of cookies for this website, provided that:
    • You have accepted our cookies policy by clicking on the information banner on the homepage of our website.
    • You continued browsing the Determine website or clicked on an element of the website (image, link, button “search”).
    • You have set your internet browser to consent to the processing of cookies.

Your agreement is only valid for a period of thirteen (13) months from the first deposit of cookies in your terminal equipment. Once this period has passed, your agreement will be requested again for the use of these cookies.

By refusing this consent, you will still be able to access the public parts of the website, but some functions may be limited.

 

DATE LAST MODIFIED: May 25, 2018

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