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Effective: March 15, 2024

VergeSense Privacy Policy

This Privacy Policy covers the practices of VergeSense, Inc and its affiliates (“VergeSense,” “we,” “us,” or “our”) concerning personal information that we obtain about personnel of our past, present and prospective customers, business partners and suppliers, subject to the important exception described below:


A note about any personal data processed through our platform services: 

VergeSense's workplace analytics platform and associated services (collectively, "Services") allow VergeSense customers to collect, analyze, distribute, visualize, and otherwise manage data about how their workplaces are used. VergeSense processes this customer data to provide the Services to that particular customer consistent with our contract with that customer, not pursuant to VergeSense's own Privacy Policy. 

To the extent the data a customer of ours collect and uses with the Services relates to an identified or identifiable individual, VergeSense handles such data as the customer's "processor” within the meaning of the General Data Protection Regulation ("GDPR") and similar laws, and as the customer's "service provider" within the meaning of the California Consumer Privacy Act ("CCPA"). We handle all data received from our customers through our Services in that manner, regardless of whether those laws apply. Any inquiries or requests relating to such data should be directed to the relevant customer, not to VergeSense. 


1. Information We Collect

A. Information You Provide to Us:

You may provide the following types of information to us:

  • Contact details, such as name, email address, employer, job title and physical address;
  • Information about your business interactions with us;
  • Any other information you choose to provide to use when you communicate with us.

B. Information Collected Automatically:

When you visit our websites and other online properties, or use our desktop application in connection with the Services, we and third parties may collect technical information from your web browser or other internet-connected device by automated means such as cookies, web beacons, local storage, JavaScript, and other computer code. This information may include unique browser or device identifiers, IP address, browser and operating system information, other device information, Internet connection information, as well as details about your interactions with the relevant website, desktop application, email or other online property (for example, the URL of the third-party website from which you came, the pages on our website that you visit, how, and for how long you use a certain page or product feature, and the links you click on while using our website).  Some of these technologies (such as cookies) involve storing unique identifiers or other information on your device for later use.  We and third parties may use pixel tags and cookies in our emails so that we can analyze your interaction with those messages, including whether you open the email or click a URL link within the email.

The use by third parties of information they collect through our websites, mobile apps, or other digital properties is governed by their own privacy policies, not ours. 

C. Information From Third Parties

We may also receive personal information from third parties, including our service providers, affiliates, and partners such as resellers, systems integrators, technology vendors, advertising partners, social networks connected to our services, and business information vendors, as well as from publicly available sources such as LinkedIn and company websites.

2. Use of Information

We and our service providers use the information described above for the following purposes:

  • Administer your account, including to process your registration and verify your information;
  • Provide, manage, and improve our services;
  • Conduct business operations in support of our services, such as auditing, security, fraud prevention, invoicing and accounting, sales and marketing, analytics, debugging, troubleshooting, and research and development;
  • Contact you regarding VergeSense and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you;
  • Customize content, preferences, and advertising on our sites and services, across the Internet and elsewhere;
  • Measure the effectiveness of our advertising and marketing campaigns;
  • Remember your settings on the pages you visit so that we can display your preferred content the next time you visit;
  • Perform analytics, measure traffic and usage trends, and better understand the demographics of users;
  • Diagnose and fix technology problems;
  • Create aggregated or de-identified information;
  • Comply with laws, regulations, and other legal process and procedures; and
  • Establish, exercise, or defend our legal rights.

We may generate, use and disclose aggregated or de-identified information for any purpose. We may also combine any of the information we collect – including information we receive from third parties – for instance, to learn more about our customers and what their interests might be.

3. Sharing of Information

We may share your information as follows: 

  • With Service Providers: We may share your information with companies that provide services to us, such as providers of data storage, marketing, web hosting, security, analytics, and fraud prevention services.

  • With Affiliates: We may share information with other members of our corporate family for the purposes described in this Privacy Policy.

  • With Business Partners: We may share information with business partners, such as resellers and distributors.

  • Legal: We may share information when we believe disclosure is appropriate due to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; or as otherwise required by law.

  • Protection of VergeSense and Others: We may share information when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our employees, our customers, or others; and to enforce our contracts.

  • Corporate Transactions: We may disclose your information as part of, or to take steps in anticipation of, a sale of all or a portion of our business, a divestiture, merger, consolidation, asset sale, bankruptcy, or other significant corporate event.

  • Your Consent: If you have consented to additional sharing of your information, we may also share your information at your direction and consistent with your consent.

4. International Data Transfers

We are headquartered in the United States, and recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as the laws of your country where you live.  However, this Privacy Policy applies to VergeSense’s operations worldwide. 

5. Legal Basis for Processing Information

The General Data Protection Regulation (“GDPR”) and similar laws require data controllers to explain the legal bases that justify their processing of your personal information.  To the extent such rules apply, our legal bases are:

  • In many cases, our processing your personal information is necessary for our legitimate interests or the legitimate interests of others. For example, we may process your personal information on this legal basis to: 
    • Manage and improve our services;
    • Conduct business operations in support of our services, such as auditing, security, fraud prevention, invoicing and accounting, certain sales and marketing activities, certain analytics activities, and research and development;
    • Contact you through certain channels regarding VergeSense and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you;
    • Create aggregated or de-identified information; or
    • Establish, exercise, or defend our legal rights.
  • In some cases, processing your personal information is necessary for us to comply with our legal obligations. For example, we will process certain personal information to comply with tax laws.

  • In some cases, we process your personal information to perform our obligations pursuant to a contract with you or to take steps in anticipation of entering into such a contract.  For example, we may process personal information on this basis to:
    • Administer your account, including to process your registration and verify your information; and
    • Complete transactions with you. 
  • In other cases, we process your personal information based on your consent.  For example, in some cases the following activities will be performed on the basis of consent:
    • Contacting you through certain channels regarding VergeSense and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you; and
    • Conducting certain other sales, marketing and analytics activities.

6. Your Rights & Choices

Cookies and similar technologies: You may be able to set your browser to refuse certain types of cookies, or to alert you when certain types of cookies are being used. Some browsers offer similar settings for HTML5 local storage and other technologies. However, if you block or otherwise reject cookies, local storage, JavaScript or other technologies, certain websites (including some of our own websites) may not function as expected.  Because we and third parties may use non-cookie technologies with your browser or device, browser settings that block cookies used in isolation may have no effect on the use of those technologies.  To learn more about third parties who deliver tailored online ads using cookies and similar technologies, and how to opt out of receiving tailored ads, you can visit https://optout.networkadvertising.org or https://youradchoices.com. Using these opt-out tools does not mean you will no longer see advertising online, but it does mean that the companies from which you opt out will no longer show ads that have been tailored to your interests.  To opt out of Google Analytics, you can visit the Google Ads Settings page from each browser. Google also allows you to install a Google Analytics Opt-out Browser Add-on for each browser.  We do not respond to browser-based do-not-track signals. When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.

Actions you take to control the collection or use of information on one browser or device generally do not affect how information is collected or used on other browsers or devices you may use. If you replace, change, upgrade or reset your browser or device, or delete your cookies, you may need to repeat those actions.

You may opt out of or unsubscribe from our marketing emails using the links provided in the footer of those emails.

Depending on which laws apply to particular situations, residents of the European Economic Area, the UK and some other jurisdictions have certain additional legal rights to do the following with personal information we handle:

  • obtain confirmation about whether we hold personal information about them, and receive information about how it is used and disclosed;
  • obtain a copy of the personal information, and in some cases, receive it in a structured, commonly used and machine-readable format, or have it transmitted to a third party in such form;
  • update, correct or delete the information;
  • object to the use or disclosure of the information;
  • withdraw consent previously provided for the handling of the information (without affecting the lawfulness of prior use and disclosure of the information); and
  • obtain a restriction on the use of the information.

For example, individuals whose personal information is subject to the GDPR have a right to opt out of our handling of their personal information for direct marketing purposes.  California residents have other rights described in detail below in section 8 of this Privacy Policy.

Many of the rights described above are subject to limitations or exceptions under applicable law.

If you wish to exercise any of these rights, or raise a complaint about our handling of your personal information, please contact us as described at the end of this Privacy Policy. You also have a right to file a complaint about our privacy practices with the relevant supervisory authority, but we request that you contact us first, as we would like to do our best to address any concerns you may have.

7. Personal Data of Children

Our services are not intended for and we do not knowingly collect or solicit personal information about or from children under 16; if you are a child under 16, please do not attempt to register for or otherwise use the services or send us any information. If we learn we have collected information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at support@vergesense.com.

8. Notice to California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” as defined in the California Consumer Privacy Act (“CCPA”), as well as information about your rights under the CCPA.

We describe the categories of information we collect, our business purposes for collecting such information, the sources and uses of such information and the entities with which we share such information in the “Information We Collect”, “Use of Information,” and “Sharing of Information” sections of this Privacy Policy.  We provide additional information required by the CCPA below.  This information and the rights discussed below (except in some cases the right of California consumers to opt out of “sales” of their personal information) do not apply to information collected from or about our employees, former employees, candidates, job applicants, contractors, service providers, or our business contacts.

A. Categories of personal information we collect, use and disclose.

Throughout this Privacy Policy, we discuss in detail the types of Information we collect from and about users and discuss how we use and share such information.  The following are the “categories” of personal information under the CCPA that we collect from California consumers and that we may, as discussed throughout this Privacy Policy, use and disclose for our business purposes:

Identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); device identifiers (such as IP address and unique device identifiers); internet or other network or device activity (such as browsing history or app usage); general geolocation data from IP addresses; characteristics of potentially protected classifications, such as gender, race/color and marital status; any user-generated content or feedback that you provide; professional or employment related data; inferences drawn from the information we collect about you that may reflect your preferences or interests; and other information that identifies or can be reasonably associated with you.  

B. How we use these categories of personal information

We and our service providers may use the categories of personal information we collect from and about you for the following business and commercial purposes (as those terms are defined in applicable law).  

  • Our or our service providers’ operational purposes;
  • Auditing consumer interactions on or off our Services (e.g., measuring ad impressions);
  • Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
  • Bug detection and error reporting;
  • Customizing content that we or our service providers display on or off the Services (e.g., personalized ands or content);
  • Providing the Services (e.g., account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about the Services);
  • Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);
  • Verifying or maintaining the quality or safety of our Services, and to improve, upgrade, or enhance our Services.
  • Other uses that advance our commercial or economic interests, such as third-party advertising;
  • Other uses about which we notify you. 

Examples of these types of uses are discussed in our main privacy policy in the “Use of Information” section.  We may also use the categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any user or device.

C. Categories of personal information we disclose for a business purpose

We may disclose the following categories of information about you or your use of our Services for business purposes (as defined by applicable law) or as required by applicable law: 

Identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); device identifiers (such as IP address and unique device identifiers); internet or other network or device activity (such as browsing history or app usage; general geolocation data from IP addresses; characteristics of potentially protected classifications, such as gender, race/color, and marital status; any user-generated content or feedback that you provide; professional or employment related data; inferences drawn from the information we collect about you that may reflect your preferences or interests; and other information that identifies or can be reasonably associated with you.

D. Sale of personal information

California residents have the right to opt out of the sale of their personal information under the CCPA.

As explained further in this Privacy Policy, we and our advertising partners collect and share certain pieces of information about the use of our Services such as device identifiers, cookies, device IDs, IP addresses, and usage activity, so that we and third parties can deliver ads that are more relevant to you. This type of information sharing with our advertising partners may be considered a “sale” under the CCPA.  To learn how opt out of this type of “sale” by participating companies, you can visit the CCPA Opt Out Tool provided by the Digital Advertising Alliance at https://www.privacyrights.info/.

The opt outs described above are device- and browser-based.  Because the information being shared relates to your device ID and/or browser ID, you must opt out on each device and each browser where you want your choice to apply. Opt-outs may be stored via cookies. If you clear cookies in your browser, your opt-out preference may also be cleared, in which case you would need to opt out again on that browser if you want your choices to apply. VergeSense does not maintain or control the opt-out mechanisms and settings above and is not responsible for their operation.

E. Access

You have the right to request certain information about our collection and use of your personal information over the past 12 months, including:

  • The categories of personal information that we have collected about you.
  • The categories of sources from which that personal information was collected.
  • The business or commercial purpose for collecting or selling your personal information.
  • The categories of third parties with whom we have shared your personal information.
  • The specific pieces of personal information that we have collected about you.

F. Deletion

You have the right to request that we delete the personal information that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your personal information to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

G. Exercising Your Access and Deletion Rights

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use personal information provided in a Valid Request to verify your identity and respond to your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

There are various exceptions to your rights to Access and Deletion under the CCPA, and in some cases we are not required by the CCPA to complete your request in connection with personal information we obtain about you when you are acting as an employee, owner, director, officer, or contractor of a business, even if it is otherwise a Valid Request.  If we do not respond to your request fully, we will provide you additional information about the reasons why.

H. Authorized Agents

You may designate an agent to make the requests described above. If you do so, we will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized by you to make a request on your behalf through providing us with a signed written authorization or a copy of a power of attorney.

I. We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of personal information that we receive from you.

J.California Resident “Shine the Light” Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of personal information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@vergesense.com.

9. Other State Law Privacy Rights

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at support@vergesense.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

10. Protection of Information

To help protect personal information, we have put in place physical, technical, and administrative safeguards.  However, we cannot guarantee that data that we collect under this Privacy Policy will never be used or disclosed in a manner that is inconsistent with this Privacy Policy.

11. Retention of Information

We will retain personal data as long as necessary to fulfill the purposes outlined in this Privacy Policy unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described in this Privacy Policy, we make backups of certain data, which we may retain for longer than the original data.

12. Updates and Changes to this Policy

VergeSense may update this Privacy Policy from time to time, such as to reflect changes in our practices or for legal reasons. We will post those changes here or on a similarly accessible page.

13. Contact Information

If you have any questions or comments regarding our privacy policy and practices, or to submit a request or complaint, please email us at support@vergesense.com or use the contact details below:
 
VergeSense, Inc
Attn: Privacy Team
2261 Market Street #5058
San Francisco, CA 94114