1. Introduction.
o This privacy policy (“Privacy Policy”) describes the information collected by Execweb Inc. and its affiliates (“we,” “us,” “our,” or “Execweb”), how that information may be used, with whom it may be shared, and the options you have to control the dissemination and use of your information.
o By using or accessing: our websites, applications, and associated domains of www.Execweb.com, (b) a client account, (c) any application made available by Execweb, or (d) any other services we provide (collectively, the “Platform”), you agree to the practices set forth in this Privacy Policy and agree to be bound by our Terms of Service.
o BY USING THE PLATFORM, YOU CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA DESCRIBED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY OR THE OUR TERMS OF SERVICE, THEN YOU MUST NOT ACCESS OR USE THE PLATFORM.
2. Definitions. Below are definitions of some of the important terms we use in this Privacy Policy. In addition, some terms are defined within the text of the Privacy Policy. If you see terms in this document that are capitalized but not defined, they have the definitions given to them in either the Terms of Service or the Data Processing Addendum [LINK TO DPA].
o “Account” means a client account, as described in our Terms of Service.
o “Client” means any individual who browses, inquires about, or purchases services offered by the Platform.
o “Personal Data” or “PII” means information that alone or when in combination with other information may be used to identify, contact, or locate you, such as name, address, email address, IP address, login credentials, profile information, or phone number. Personal Data or PII excludes information that has been aggregated and/or anonymized so that it does not allow a third party to easily identify a specific individual (“non-PII”).
1. Your Information
1. Information We Collect Automatically. When you use the Platform, we automatically collect and store certain information about your computer or mobile device and your activities. This information includes:
§ Device Information/Specifications. Technical information about your computer or mobile device (e.g., type of device, web browser or operating system, IP address, and internet service provider) to analyze trends, administer the Platform, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information.
§ Length and Extent of Usage. How long have you used the Platform and which services and features have you used?
§ Information is obtained through Cookies. We use Cookies to keep track of some types of information while you are visiting and using the Platform. “Cookies” are very small files placed on your computer, and they allow us to count the number of visitors to our website(s) and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on Cookies for the proper operation of the Platform; therefore if your browser is set to reject all Cookies, the Platform may not function properly. Users who refuse Cookies assume all responsibility for any resulting loss of functionality with respect to the Platform.
§ Information is obtained through web beacons. “Web Beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with Cookies in order to further personalize the Platform for our users and to collect a limited set of information about our visitors including geographical location, length and extent of usage, and whether visitors have registered for any of the Platform. We may also use Web Beacons in email communications in order to understand the behavior of our clients, such as whether an email has been opened or acted upon.
2. Information You Provide Directly to Us. In the course of inquiring about the Platform or registering for the Platform, you may provide us with some or all of the following information:
§ First name, last name, email address, photo/profile image, and/or phone number.
§ Linked social media accounts such as Facebook, Twitter, Google+ and LinkedIn.
§ Your payment information including billing address and credit card information.
2. How We Use Your Information.
1. General Purposes. Subject to the terms of this Privacy Policy, we may use the information we collect from you for the following purposes:
§ to improve your user experience and help you efficiently access your information and account after you log in;
§ respond to your comments and questions and provide client service;
§ communicate with you about the Platform and related offers, promotions, news, upcoming events, and other information we think will be of interest to you;
§ monitor and analyze trends, usage, and activities;
§ ensure the security and integrity of the Platform;
§ investigate and prevent fraud and other illegal activities; and
§ provide, maintain, and improve the Platform and our overall business.
2. Email Addresses. We use your email address for both “administrative” (e.g., confirming your registration) and “promotional” (e.g., newsletters, new listings, special discounts, event notifications, special third-party offers) purposes. Email messages we send to you may contain code that enables our database to track your usage of the e-mails, including whether the email was opened and what links (if any) were clicked. You may opt out of receiving promotional emails and other promotional communications from us at any time via the opt-out links provided in such communications, or by emailing privacy@Execweb.com with your specific request. However, we reserve the right to send you certain communications relating to the Platform (such as service announcements, security alerts, update notices, or other administrative messages) without affording you the opportunity to opt-in or out of receiving such communications.
3. Use for Research. In addition to the uses outlined above, by using the Platform, you agree to allow us to anonymously use the information from you and your interaction with the Platform to continue our research into event patterns and general trends, so that we may continue to improve the Platform for our clients. This research may be published in our blogs or interviews. However, all of your responses will be kept anonymous, and no Personal Data will be published without your consent.
4. Financial information. We may use your financial information or authorized payment method to process payment for any purchases, subscriptions, or sales made on the Platform, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. We transmit your financial information to our third-party payment processors. We do not collect or store your payment information on our own servers.
3. Sharing Your Information. The information we collect is used to improve the content and the quality of the Platform, and without your consent, we will not otherwise share your Personal Data to/with any other party(s) for commercial purposes, except to provide the Platform, when we have your permission, or under the following circumstances:
1. Public Information. Public information is any information you share with a public audience, as well as information in your Public Profile, or content you share on another public forum or on public comments. Public information is available to anyone on or off the Platform and can be seen or accessed through online search engines, APIs, and offline media. If you publicly post information on the Platform, that information will also be public.
2. Service Providers. We may share your information with our third-party service providers that support various aspects of our business operations (e.g., analytics providers, security and technology providers, and payment processors).
3. Business Transfers. We may transfer your information to another company in connection with a merger, corporate restructuring, or sale of any or all of our assets, or in the event of bankruptcy.
4. Aggregate Data. We may combine non-PII we collect with additional non-PII collected from other sources. We also may share aggregated, non-PII with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
4. Your Rights and Choices.
1. Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete Personal Data.
2. You can access, update, change, or delete your Personal Data either directly in your Account or by contacting us at privacy@execweb.com to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us at the same email address.
3. You can also elect not to receive marketing communications by changing your preferences in your Account or by following the unsubscribe instructions in such communications.
4. If you remove information that you posted to the Platform, copies may remain viewable in cached and archived pages of the Platform, or if other users or third parties using any available API have copied or saved that information. In addition, following the termination or deactivation of your account, we may retain information (including your profile information) and user content for a commercially reasonable time for backup, archival, and/or audit purposes. If you want any Personal Data permanently deleted, you must request such deletion by contacting us at privacy@Execweb.com.
5. Additionally, if we rely on consent for the processing of your Personal Data, you have the right to withdraw it at any time. When you do so, this will not affect the lawfulness of any processing of your data that was completed before your consent withdrawal.
5. Third Party Sites.
1. The Platform may contain links to other websites. If you choose to click on a third-party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own Cookies or other files on your computer, collect data or solicit Personal Data from you. Other websites follow different rules regarding the use or disclosure of the Personal Data you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
6. How We Respond to Legal Requests to Prevent Harm.
1. We may access, preserve and share your information without notice or consent from you in response to a legal request (like a search warrant, court order, or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you, and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Platform. Information we receive about you may be accessed, processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
7. Children’s Privacy. Only individuals over the age of 18 are eligible to use the Platform. However, we pay particular attention to children's privacy. The Platform is not directed to children under the age of 13 and we do not knowingly collect, maintain or use Personal Data from children under the age of 13. If you learn that your child has provided us with Personal Data, you may alert us at privacy@Execweb.com. Should we learn that a child under 13 has provided us with Personal Data, we will delete that information from our database and terminate the child's account.
8. Securing Your Personal Data.
1. Security Measures. Unauthorized entry or use, hardware or software failure, the inherent insecurity of the Internet, and other factors, may compromise the security of your Personal Data at any time. Nevertheless, we strive to safeguard Personal Data to ensure that information is kept private and secure at all times. We maintain administrative, technical, and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of, the Personal Data in our possession. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it), and testing for and protecting against network vulnerabilities.
2. Data Retention. We retain Personal Data regarding you or your use of the Platform for as long as your Account is active or for as long as needed to provide you or our Clients with the Platform. We also retain Personal Data for as long as necessary to achieve the purposes described in this Privacy Policy, for example, to comply with our legal obligations, to protect us in the event of disputes and to enforce our agreements, and to protect our and others' interests.
The precise periods for which we keep your Personal Data vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the Personal Data has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your email address is connected to how long your Account is active, while the period for which we keep a support message is based on how long has passed since the last submission in the thread.
Because you may use the Platform sporadically or come back to us after an Account becomes inactive, we don't immediately delete your Personal Data when your trial expires or you cancel the Platform. Instead, we keep your Personal Data for a reasonable period of time, so it will be there for you if you come back.
You may delete your Account by contacting us at privacy@Execweb.com and we will delete the Personal Data we hold about you (unless we need to retain it for the purposes set out in this Privacy Policy).
9. Using the Platform Outside of the United States.
1. Data Transfers. If you are visiting the Platform from outside the United States, please be aware that your Personal Data may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using the Platform, you understand and agree that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
2. Privacy Standards for Data Transfer. We conduct our data transfers in accordance with Chapter V of the European General Data Protection Regulation (“GDPR”). Specifically, we conduct data transfers subject to the following standards:
§ Privacy Shield. We transfer, in accordance with Article 45 of the GDPR, Personal Data to companies that have certified their compliance with the EU-U.S. Privacy Shield Frameworks (each individually and jointly, the “Privacy Shield”).
§ Standard data protection clauses. We may, in accordance with Article 46 of the GDPR, transfer Personal Data to recipients that have entered into a European Commission-approved contract for the transfer of personal data outside the European Economic Area.
§ Other means. We may, in accordance with Articles 45 and 46 of the GDPR, transfer Personal Data to recipients that offer adequate levels of data protection as evidenced by: (a) location in a country or membership in an organization that the European Commission or other appropriate supervisory authority has confirmed, by decision, offers an adequate level of data protection, (b) certification through an approved certification mechanism pursuant to Article 42 of the GDPR, (c) adherence to binding corporate rules adopted pursuant to Article 47 of the GDPR, or (d) any other mechanism that may demonstrate such adequacy under the GDPR.
§ Onward Transfers to Third Parties. In the context of an onward transfer, Execweb has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Execweb shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles unless the organization proves that it is not responsible for the event giving rise to the damage.
3. Compliance. In compliance with the Privacy Shield Principles, Execweb commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Execweb at:
Execweb Inc.
Attn: Privacy Officer
2807 Jackson Avenue, Floor 5, Long Island City, NY 11101.
privacy@execweb.com
Execweb has further committed to refer unresolved Privacy Shield complaints to the International Center for Dispute Resolution - American Arbitration Association (“ICDR-AAA”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://go.adr.org/privacyshield.html for more information or to file a complaint. The Platform of the ICDR-AAA is provided at no cost to you.
Execweb complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Execweb has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
4. Enforcement and Verification. For purposes of enforcing compliance with the Privacy Shield, Execweb is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review Execweb's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
5. Binding Arbitration. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with Execweb and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see U.S. Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration) located at: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
10. Changes to this Privacy Policy. We may update this Privacy Policy from time to time at our sole discretion. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. We recommend that you check the Platform from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
11. How to Contact Us. If you have any questions about this Privacy Policy, please contact us by email at privacy@Execweb.com.