Factivate LLC ( “Company” or “Factivate” or “We” or “Us”) are committed to protecting the privacy of individuals who visit the Company’s Web sites (“Visitors”), individuals who register to use the Services as defined below (“Customers”), and individuals who register to attend the Company’s corporate events (“Attendees”). This Privacy Statement describes Factivate’s privacy practices in relation to the use of the Company’s Web sites and the related applications and services offered by Factivate (collectively, the “Services”).

This Privacy Statement explains our practices regarding the collection, use and disclosure of information that we receive when you use Factivate, as well as your choices regarding use, access and correction of your personal information.

1. Web sites covered

This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement, including the website and platform available at https://app.Factivate.com/  and https://www.Factivate.com/ (collectively referred to as “Factivate Web sites” or “the Company’s Web sites”).

Factivate’s Web sites may contain links to other Web sites. The information practices or the content of such other Web sites is governed by the privacy statements of such other Web sites. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.

2. Information collected

When expressing an interest in obtaining additional information about the Services, or registering to use the Web sites or other services, or registering for an event, Factivate requires you to provide the Company with personal contact information, such as name, company name, address, phone number, zip code and email address (“Required Contact Information”). When purchasing the Services or registering for an event, Factivate may also require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). Factivate may also ask you to provide additional information, such as company annual revenues, number of employees, industry or to enhance information on a user profile, gender (“Optional Information”). When Visitors apply for a job with the Company, Factivate may also require you to submit additional personal information as well as a resume or curriculum vitae (“Applicant Information”). If you choose to create a Factivate account via a third-party service, you may have to provide us with information such as your username or email for your account with the third party so that your identity can be authenticated and when the authentication is complete, we’ll be able to access certain information based on your permissions from the third-party service (“Authentication Information”). Through our “import contacts” feature option, we may also collect information such as the name, company name, address, phone number or email address of contacts that you choose to share with us (“Import Information”). Our servers automatically record information about how a person uses Factivate, including Internet Protocol (“IP”) addresses, browser types, operating systems, pages or features of Factivate that were used and time spent on them, date/time stamp, search terms, in some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation, and other statistics (“Information about Use of Factivate”). Required Contact Information, Billing Information,Applicant Information, Optional Information, Authentication Information, Import Information, Information about Use of Factivate, and any other information you submit to Factivate or through the Services are referred to collectively as “Data.”

As you navigate the Company’s Web sites, Factivate may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your IP address, and the actions you take on the Company’s Web sites (such as the Web pages viewed and the links clicked). For additional information about the collection of Web Site Navigational Information by Factivate and others, please see Section entitled “Web Site Navigational Information” below.

3. Use of information collected

The Company uses Data about Factivate Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.

The Company uses Data about Factivate Attendees to plan and host corporate events, host online forums and social networks in which event attendees may participate, and to populate online profiles for Attendees on the Company’s Web sites. Additional information on the Company’s privacy practices with respect to Data about Factivate Attendees may be found in additional privacy statements on the event Web sites, as the case may be. Please see Section below entitled “Public forums, refer a friend, and customer testimonials” for more information on bulletin boards, blogs, or chat rooms provided by Factivate in connection with its corporate events.

The Company may also use Data about Factivate Customers and Data about Factivate Attendees for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events.

Factivate uses Billing Information to check the financial qualifications and collect payment from prospective and current Customers and Attendees.

Factivate uses Web Site Navigational Information to operate and improve the Company’s Web sites or Services. The Company may also use Web Site Navigational Information alone or in combination with Data about Factivate Customers and Data about Factivate Attendees to provide personalized information about the Company. For additional information about the use of Web Site Navigational Information, please see Section entitled “Web Site Navigational Information” below.

Factivate uses Applicant Information, Import Information, and Authentication Information for the limited reason for which it is provided to Us, such as to find someone you know using Factivate or to add someone to your site.

Factivate uses Information about Use of Factivate (and may engage third parties to analyze)to customize and improve Factivate. We also use IP addresses to generate aggregate, non-identifying information about how Factivate is used, and if such IP address is converted into a rough geolocation, we may use such location information to improve and personalize Factivate.

4. Web Site Navigational Information, Cookies, Web Beacons and IP Addresses

Factivate uses commonly-used information-gathering tools, such as cookies, Web beacons, or similar technologies, to collect information from your computer or mobile device as you navigate the Company’s Web sites (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information used on the Company’s Web sites and how this information may be used.

COOKIES

Factivate.com uses cookies to make interactions with the Company’s Web sites easy and meaningful. When you visit one of the Company’s Web sites, our servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to us, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me” or a “30 Day Free Trial” Web form), you remain anonymous to the Company.

Factivate.com uses cookies that are session—based and persistent—based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Web sites, but you will not be able to successfully use the Services.

WEB BEACONS

Factivate uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Web sites and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, Factivate may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Web sites. Factivate uses Web beacons to operate and improve the Company’s Web sites and email communications.

The Services may be used by our Customers to collect certain information about individuals and their online activities, such as interactions with a Customer’s online content and electronic communications. Our Services use cookies and other tracking technologies to allow our Customers to understand how you interact with their content and electronic communications. Customers are responsible for complying with any legal requirements in using any tracking technologies made available through the Services, including complying with any notice and consent requirements, informing individuals on how to opt-out from certain technologies, and disclosing the use of such technologies in their respective privacy statements.

IP ADDRESSES

When you visit the Company's Web sites, the Company collects your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, Factivate uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Web sites. Factivate also collects IP addresses from Customers when they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features. Factivate.com also collects IP addresses from Customers when they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.

SOCIAL MEDIA FEATURES

The Company’s Web sites may use social media features, such as the Facebook ‘like’ button (“Social Media Features”). These features may collect your IP address and which page you are visiting on the Company’s Web site, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on the Company’s Web site to a profile page of yours that is provided by a third party Social Media network in order to share with others within your network. Social Media Features are either hosted by a third party or hosted directly on the Company’s Web site. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.

DO NOT TRACK

Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user's browser DNT preference setting. Factivate does not currently commit to responding to browsers' DNT signals with respect to the Company's Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Factivate takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

ADVERTISING

We also partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partners may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests.. Please note you will continue to receive generic ads.

5. PUBLIC FORUMS, REFER A FRIEND, AND CUSTOMER TESTIMONIALS

Factivate may provide bulletin boards, blogs, or chat rooms on the Company’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Factivate is not responsible for the personal information you choose to submit in these forums.

Customers and Visitors may elect to use the Company’s referral program to inform friends about the Company’s Web sites. When using the referral program, the Company requests the friend’s name and email address. Factivate will automatically send the friend a one–time email inviting him or her to visit the Company’s Web sites. Factivate does not store this information.

Factivate posts a list of Customers and testimonials on the Company’s Web sites that contain information such as Customer names and titles. Factivate obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.

6. Sharing of information collected

Service Providers
Factivate may share Data about Factivate Visitors, Customers and Attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. Without limiting the foregoing, Factivate may also share Data about Factivate Visitors, Customers and Attendees with the Company’s service providers to ensure the quality of information provided, and with third–party social networking and media Web sites, such as Facebook, for marketing and advertising on those Web sites. Unless described in this Privacy Statement, Factivate does not share, sell, rent, or trade any information with third parties for their promotional purposes. A service provider providing services on our behalf is authorized to use your personal information only as necessary to provide these services to us.

FACTIVATE.COM AFFILIATES

The Company may share Data about Factivate Customers with other companies in order to work with them. For example, the Company may need to share Data about Factivate Customers for customer relationship management, technical operations, marketing and account management purposes.

BUSINESS PARTNERS

From time to time, Factivate may partner with other companies to jointly offer products or services. If you download, purchase or specifically express interest in a jointly–offered product or service from or through Factivate, the Company may share Data about Factivate Customers collected in connection with your download, purchase or expression of interest with our partner(s). Factivate does not control our business partners’ use of the Data about Factivate Customers we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to download, purchase or specifically express interest in a jointly offered product or service.

Factivate does not share Data about Factivate Attendees with business partners unless: (1) you specifically opt in to such sharing via an event registration form; or (2) you attend a Company event and allow Factivate or any of its designees to scan your attendee badge. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms and elect not to have your badge scanned at Company events. If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements.

THIRD PARTIES

Section 4 of this Privacy Statement, Web Site Navigational Information, specifically addresses the information the Company or third parties collect through cookies and web beacons, and how you can control cookies through your Web browsers.

BILLING

Factivate uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf. Any billing service provider providing services on our behalf is authorized to use your personal information only as necessary to provide these services to us.

COMPELLED DISCLOSURE

Factivate reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

YOUR REQUEST

If you expressly ask us to do so, or give us your prior consent to do so, we may disclose information provided to a third party.

AGGREGAT AND ANONYMOUS INFORMATION

Company may share aggregated, non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.

7. International transfer of information collected

The Company primarily stores Data about Factivate Customers and Data about Factivate Attendees in the United States. To facilitate Factivate’s global operations, the Company may transfer and access such information from around the world, including from other countries in which the Company has operations. This Privacy Statement shall apply even if Factivate transfers Data about Factivate Customers or Data about Factivate Attendees to other countries.

8. Communications preferences

Factivate offers Visitors, Customers, and Attendees who provide contact information a means to choose how the Company uses the information provided. You may update your email preferences by using the “Unsubscribe” link found in emails we send to you, by accessing your account profile on our website, or by contacting us as described below.

9. Correcting and updating your information

You may access, correct or request deletion of Data We have about You by logging into your account. You may also request cancellation of your account by contacting us at [email protected] . We’ll take steps to delete your information within a reasonable timeframe, but some information may remain in archived/backup copies for our records or as otherwise required by law.

If personal information pertaining to you as an individual has been submitted to us by a Factivate Customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our Customer directly. Because Factivate personnel have limited ability to access data our Customers submit to our services, if you wish to make your request directly to Factivate, please contact us at [email protected] and provide the name of the Factivate Customer who submitted your data to our services. We will refer your request to that Customer, and will support them as needed in responding to your request within a reasonable timeframe.

10. Customer Data

Factivate’s Customers may electronically submit data or information to the Services for hosting and processing purposes (“Customer Data”). Factivate handles Customer Data in accordance with a Service’s terms of service or a subscription agreement in place between Factivate and our Customers, which exclusively govern the Company’s treatment of Customer Data and supersede this Privacy Statement in case of conflict, or as required by law. In general, Factivate may access Customer Data only for the purpose of providing the Services, preventing or addressing service or technical problems, or as may be required by law. Additional information about the Company’s privacy and security practices with respect to Customer Data is available at www.factivate.com/business_agreement.

11. Security

Factivate uses robust security measures to protect Data about Factivate Customers and Data about Factivate Attendees. Because the Company uses the Services to maintain Data about Factivate Customers and Data about Factivate Attendees, this information, which is stored in the Services, is secured in the same manner. We may retain Data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

12. Mobile applications

Without limiting the generality of this Privacy Statement, in addition to information gathered through its Web sites or submitted to its Services, Factivate may obtain information through applications (“Mobile Applications”) that Customers or their authorized individuals (“Users”) download to, and run on, their mobile devices (“Devices”). Mobile Applications provided by Factivate may obtain information from, or access data stored on, Users’ Devices to provide services related to the relevant Mobile Application. For example, a Mobile Application may: access a camera on a User’s Device to enable the User to upload photographs to the Services; access the call history on a User’s Device to enable the User to upload that information to the Services; access calendar information on a User’s Device to enable the User to match meeting attendees with contacts submitted by the User to the Services; access the geographic location of a User’s Device to enable the User to identify contacts submitted by the User the Services who are nearby; or access contact information on a User’s Device to enable the User to sync contact information between the information that is stored on the User’s Device and the information that is submitted to the Services. Information obtained to provide Mobile Application services may include information obtained in preparation for anticipated updates to those services. Mobile Applications may transmit information to and from Devices to provide the Mobile Application services.

Mobile Applications may provide Factivate with information related to Users’ use of the Mobile Application services, information regarding Users’ computer systems, and information regarding Users’ interaction with Mobile Applications, which Factivate may use to provide and improve the Mobile Application services. For example, all actions taken in a Mobile Application may be logged, along with associated information (such as the time of day when each action was taken). Factivate may also share anonymous data about these actions with third party providers of analytics services. In addition, if a User downloads a Factivate Mobile Application after clicking on a third-party mobile advertisement for the Mobile Application or for Factivate, the third-party advertiser may provide Factivate with certain information, such as the User’s Device identification information, which Factivate may use to track the performance of its advertising campaigns.

Customers may configure Factivate Mobile Application services, and the information accessed or obtained by the Mobile Application on a User’s Device may be affected by the Customer’s configuration. In addition, if a Customer downloads and/or purchases more than one Service from Factivate and its affiliates, a Mobile Application may be designed to interoperate with those Services; for instance, to provide a User with access to information from any or all of those Services or to provide information from a User’s Device to any or all of those Services. Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer and its organization, depending on the intended functionality of the Mobile Application. In addition to Mobile Applications offered by Factivate, the Company may offer platforms for the creation of third-party Mobile Applications. Third parties may obtain information from, or access data stored on, Users’ Devices to provide services associated with any third-party Mobile Applications that Users download, install, use, or otherwise interact with over a Factivate platform. Factivate’s Mobile Applications may also contain links or integrations to other Mobile Applications provided by third parties. Third parties’ use of information collected through third-party Mobile Applications is governed by the privacy statements of such third parties. The Company encourages you to review the privacy statements of third-party providers of Mobile Applications to understand their information practices.

Notices and contractual terms related to a particular Mobile Application may be found in the End User License Agreement or relevant terms of service for that application. The Company encourages you to review the End User License Agreement or relevant terms of service related to any Mobile Applications you download, install, use, or otherwise interact with to understand that Mobile Application’s information practices. The Mobile Application’s access to information through a User’s Device does not cause that information to be "Customer Data" under Factivate’s Master Subscription Agreement with the Customer or under this Privacy Statement, except as follows: To the extent that a User uses a Mobile Application to submit electronic data and information to a Customer account on our Services pursuant to the Customer's Master Subscription Agreement with Factivate (or a similar agreement that governs the Customer’s subscription(s) to Factivate’s Services), that information constitutes “Customer Data” as defined in such agreement, and the provisions of that agreement with respect to privacy and security of such data will apply.

13. EU-U.S. Privacy Shield Framework and U.S.-Swiss Privacy Shield Framework

The Services comply with the EU–U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.

If you have questions or complaints regarding this Privacy Statement or associated practices, please contact us at [email protected]. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at [email protected]

Any questions, comments or complaints about the data practices (including compliance with data privacy principles of notice, choice, onward transfer, access, security, data integrity or enforcement) of our Services' Customers or partners for which Factivate processes data should be addressed to that Customer or partner.

14. Changes to this Privacy Statement

Factivate reserves the right to change this Privacy Statement. Factivate will provide notification of the material changes to this Privacy Statement through the Company’s Web sites prior to the change taking effect.

15. Contacting us

Questions regarding this Privacy Statement or the information practices of the Company’s Web sites should be directed to Factivate Privacy by contacting us at [email protected].