Effective as of November 5th, 2020
This policy does not cover third party websites, products, or services (“Third Party Services”) even if they link to our Services - you should consider those privacy policies carefully. In addition, a separate agreement governs delivery, access, and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through your Service accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services and any associated Customer Data.
1. Information We Collect And Receive
We may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
Customer Data. Customers or individuals granted access to the Services by a Customer (“Authorized Users”) routinely submit Customer Data when using the Services.
Other Information. We also collect, generate, and/or receive Other Information, as set forth below:
i. User Account Information. To create or update an account, you or our Customer (e.g., your employer) supply us with an email address, phone number, password, domain, and/or similar account details. In addition, Customers that purchase a paid version of the Services provide us(or our payment processors) with billing details such as credit card information, banking information, and/or a billing address.
ii. Usage Information.
- Services Usage Metadata. As with most websites and technology services delivered over the Internet, metadata is generated that provides additional context about the way Authorized Users interact with the Services. For example, we log the features, content, and user interface elements you interact with.
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences, and cookie data.
- Device information. We collect information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
- Location information. We receive information from you, our Customer and other third parties that help us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.
iv. Third Party Services. Typically, Third Party Services are software that integrate with our Services; for example, the use of GitHub for single sign-on. Once enabled, the provider of a Third Party Service may share certain information with us. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to us. When a Third Party Service is enabled, we are authorized to connect and access Other Information made available to us in accordance with our agreement with the Third Party Service Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
v. Third Party Data. We may receive data about organizations, industries, Website visitors, marketing campaigns, and other matters related to our business from our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
vi. Additional Information Provided to Us. We receive Other Information when submitted to our Websites or if you participate in a focus group, activity or event, apply for a job, request support, interact with our social media accounts, or otherwise communicate with us.
Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as account setup details, is not provided, we may be unable to provide the Services.
2. How We Use Information
Customer Data will be used by us in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. We are a processor of Customer Data, and Customer is the controller. Customer may, for example, use the Services to grant and remove access, assign roles and configure settings, access, modify, export, share and remove Customer Data.
We use Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. We use Other Information:
i. To provide, update, maintain, and protect our Services, Websites, and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends, and other activities or at an Authorized User’s request.
ii. As required by applicable law, legal process or regulation. 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.
iii. To communicate with you by responding to your requests, comments, and questions. If you contact us, we may use your Other Information to respond.
iv. To develop and provide support, training and productivity tools, and additional features. We aim to make the Services as useful as possible. For example, we may improve search functionality by using Other Information to make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Service experience or create new productivity features and products.
v. To send emails and other communications. We may send you service, technical, and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services, and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications, or other news about us. These are marketing messages so you can control whether you receive them.
vi. For billing, account management, and other administrative matters. We may need to contact you for invoicing, account management, and similar reasons, and we use account data to administer accounts and keep track of billing and payments.
vii. To investigate and help prevent security issues and abuse.
3. Data Retention
4. How We Share And Disclose Information
This section describes how we may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and we do not control how they or any other third parties choose to share or disclose Information.
i. Customer’s Instructions. We will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Service functionality, and in compliance with applicable law and legal process.
ii. Collaborating with Others. The Services may provide different ways for Authorized Users to collaborate, such as through support and user channels available through Third Party Service provider.
iii. Customer Access. Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Other Information.
iv. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services.
v. Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, we may share Other Information with Third Party Services. Third Party Services are not owned or controlled by us, and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
vi. With Business Affiliates or During a Change to our Business. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
vii. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective customer the average amount of time spent within our Services and typical customer usage.
viii. To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process. Unless we are prohibited from doing so or there is a clear indication of illegal conduct or risk of harm, we will notify Customer of the request before disclosing any of Customer’s Customer Data so that the Customer may seek legal remedies.
ix. To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
ix. With Consent. We may share Other Information with third parties when we have consent to do so.
5. Right to Access, View, or Remove Your Information
You have a right to access the Personal Data we hold about you. Whenever you use our Websites or Services, we strive to make sure that your Personal Data is correct. If that information is incorrect, we give you the tools and methods to update it or delete it, unless that information is necessary for a legal or business purpose. When updating your Personal Data, we may ask you to verify your identity before making changes. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing new systems or fundamentally changing our existing practice), risk the privacy of others, or would be extremely impractical (e.g. requests concerning information on our backup systems). Because we protect information from accidental or malicious destruction, after data is removed from our servers, it can take some time for that data to be purged.
If you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in our email communications. Please be aware that, even after you opt out from receiving commercial or marketing communications, you will continue to receive administrative messages from us regarding the Services.
To request removal of your Personal Data from our Websites or Services, contact us at [email protected] If you are an Authorized User of our Service and need to correct, amend, or delete inaccurate data about you, please contact our Customer (e.g. your employer). We will comply with the requests of our Customers should they direct us to take action about the modification/removal of collected data.
6. International Data Transfers, Privacy Shield, CCPA, And Contractual Terms
International Data Transfers
We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
We deploy the following safeguards if we transfer Personal Data originating from the European Union, United Kingdom (“UK”), or Switzerland to other countries not deemed adequate under applicable data protection law:
ii. European Union Model Clauses. Buoyant may also enter into the European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data.
Identifying The Data Controller And Processor
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data; whereas, Buoyant is the processor of Customer Data and the controller of Other Information.
Privacy Shield Notice
Accountability for Onward Transfer
Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and the UK, and/or Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply and will continue to comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
Individuals located in certain countries, including the European Union, UK, and Switzerland, have certain statutory rights in relation to their Information, including Personal Data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, receive a copy, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account or by contacting us at [email protected]
For the avoidance of doubt, if you wish to exercise your choice to be excluded from the onward transfer of information to third parties, or if you feel like your information will be used for purposes other than what it was intended for, or if you wish to otherwise limit the use and disclosure of your Personal Data in accordance with the Privacy Shield Principles, please contact us at [email protected]
Questions, Complaints and Dispute Resolution
If you are a data subject and have any questions or concerns, please direct communications to [email protected] Inquiries from the Department of Commerce will have the same channel.
Alternatively, written communications can be sent to: Buoyant, Inc. 703 Market St, Ste 1200, San Francisco, CA 94103 Attention: Legal Department
In the event that your concern is not resolved, you may contact JAMS, a U.S. based independent third-party dispute resolution body that will assist you free of charge. A binding arbitration option may also be available to you in order to resolve complaints not resolved by other means. You can file a claim on their website. For those in the EU, UK or Switzerland, you may invoke binding arbitration when other dispute resolution procedures have been exhausted as per Annex I of Privacy Shield. Buoyant is subject to the investigatory and enforcement powers of the US Federal Trade Commission (“FTC”).
United States Resident Rights
California Resident Rights
If you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 (“the CCPA”). While Buoyant is not subject to the CCPA at this time, we will take reasonable efforts to honor your requests under the CCPA. A description of your rights about your personal information is provided below.
Your Rights and How to Exercise Them
Your right to know about the personal information we collect, share, and restrict its sale
The CCPA gives you the right to request that we disclose the specific pieces of personal information we have collected about you, share, and restrict the sale of your personal information. We do not sell your personal information. However, we may disclose certain personal information for a business purpose.
Disclosures Of Your Personal Information
Categories of information we collect and disclose for a business purpose
We collect the following categories of personal information from you in connection with the Services, as defined in the CCPA. In addition, during the past twelve months, we have disclosed these categories of personal information for a business purpose:
- Identifiers, such as your name, Internet Protocol address, email address, and other similar identifiers.
- Personal information listed in commercial records, including record of purchase and payment information such as your credit card number.
- Internet or other electronic network activity information, such as session logs.
- Geolocation data, such as the physical location of your recorded activity.
- Electronic, visual, or similar information, such as photos or user information submitted by you during account registration or collected during attendance of conferences or webinars.
- Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, behavior, abilities, and interests.
According to California law, personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
Other disclosures about your personal information
Right of deletion
You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies.
How to make a request
You have the right to make a free request two times in any 12-month period, but do note you will be asked to verify your identity which may include providing us with additional personal information. Upon verifying your identity, we will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period. You may request these disclosures by emailing us at [email protected] In some cases, your requests may not be fulfilled if they are not consistent with our obligation to comply with applicable legal or operational requirements, for example, if your personal information is necessary for the performance of a contract between you and Buoyant.
How to contact us
If you have questions about your rights or our disclosures under the CCPA, you may reach us at [email protected]
Nevada Resident Rights
We do not sell your covered information, as defined by Section 1.6 of Chapter 603A of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to our designated request email address [email protected] regarding the sale of covered information.
7. Privacy of Minors
The Website is not directed to persons under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should contact us at [email protected] We do not knowingly collect Personal Data from children under 16. If we become aware that a child under 16 has provided us with Personal Data, we will delete such data from our files.
8. Your California Privacy Rights
Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding year. You may request a copy of that disclosure by contacting us at [email protected]
10. How to Contact Us
Buoyant, Inc. 703 Market St, Ste 1200 San Francisco, CA 94103
Attn: Legal Department