Privacy Policy

Version 2018.09.14

Introduction

MindTouch® (“MindTouch”, “we”) is a business to business (B2B) service provider that allows companies to utilize customer self-service software that delivers timely content across every support channel. To this end we directly engage with businesses and individuals representing those entities, not the general public at large.

This Privacy Policy details certain policies implemented throughout MindTouch that governs MindTouch’s use of information, including—but not limited to—Personal Identifiable Information (PII) about users (the “Individual”) on www.mindtouch.com (the “Website”). This policy similarly applies to information and data that may be collected at conferences, events, and other such marketing activities that result in MindTouch collecting potentially Personal Identifiable Information.

Note for users of MindTouch’s Cloud-Based Services

Users of MindTouch’s cloud-based services (“Services”) are subject to an additional set of conditions which are necessary in order to provide product-related duties. These policies are detailed in the Master Subscription Agreement (MSA). The current version of the Master Subscription Agreement is published here https://mindtouch.com/msa.

Please note that Subscribers to the Services are solely responsible for establishing policies to ensure compliance with all applicable laws and regulations—as well as any and all privacy policies, agreements, or other obligations that relate to the collection of Personal Identifiable Information in connection with the use of the Services by Individuals (also referred to as “data subjects”) with whom the Subscribers interact. If the Individual interacts with a Subscriber using the Services, then the Individual will be directed to contact the Subscriber for assistance with any requests or questions relating to the Individual’s Personally Identifiable Information, or if the Individual wishes to amend how that information is being used.

In order to provide Services, MindTouch may transfer Personally Identifiable Information to companies that help provide Services. We currently utilize cloud service providers and payment processors. Such transfers of Personally Identifiable Information are governed by the Service Agreements for the Subscribers.

What information does MindTouch collect, how is it collected, and how is it used?

Personally Identifying Information

Unique Information.

MindTouch does not collect any unique personally identifying information about the Individual such as the Individual’s name, email address, or any other contact information—except when the Individual specifically and knowingly provides such information.

Account Information.

MindTouch does not require the Individual to provide their personally identifying information in order for the Individual to access, open, or browse the Website. However, certain Services and parts of the Website require that the Individual provides personally identifying information about the Individual themself. Under those circumstances, the range of data we collect may consist of individual name, company name, job title, email address, physical address, phone number.

Financial Information.

If the Individual is using a Service that requires a fee, or in circumstances in which the Individual is to make a payment, MindTouch may collect financial information—such as payment information. MindTouch may record the Individual’s service confirmations, usage statistics, and payment history for accounting purposes.

Contact Information.

MindTouch may use the Individual’s email address or other contact information to notify the Individual of any changes to the Services, to correspond with the Individual about any questions or concerns that has been brought to attention, and to notify the Individual of any financial obligations they have to MindTouch. The Individual may also opt-in to receive automated email messages regarding the Services.

Correspondence.

If the Individual contacts MindTouch to provide feedback, comments, or input, a record may be kept of that correspondence, and a collection the Individual’s Personally Identifiable Information will be sought to process the inquiries, respond to requests, and improve the services.

Principles of how MindTouch Treats the Individual’s data

Links to other websites

The Website may contain links to other websites. For example: partner websites and other blog sites that are referenced in the MindTouch blog. In such cases, the information practices, data collection policies, and the content of such other websites are governed by the privacy statements of those websites. It is advised that the Individual reviews the privacy statements of any other websites when visited to understand their information policies and practices.

MindTouch’s duty to inform the Individual

MindTouch shall inform an Individual of the purpose for which it collects and uses the Personal Identifiable Information, and the types of non-agent third parties to which MindTouch may or may not disclose Information.

MindTouch shall provide the Individual with the choice and means for limiting the use and disclosure of their Personal Identifiable Information. Notice will be provided in clear and conspicuous language when Individuals are first asked to provide Personal Identifiable Information to MindTouch, or as soon as practicable thereafter—and, in any event, before MindTouch uses or discloses the Information for a purpose other than for which it was originally collected.

The Individual’s ability to choose

MindTouch will provide an Individual choices before use for a purpose other than which it was originally collected or subsequently authorized.

The Individual will receive service notifications by email to the email address then on record. If the Individual chooses not to receive MindTouch email communications, the Individual can opt-out or unsubscribe by visiting http://info.mindtouch.com/preferences, by emailing [email protected], by following the opt-out instructions in the email or newsletter, or by sending mail to MindTouch, Inc. (Attn: Legal Department). 101 West Broadway, Suite 1500, San Diego, CA 92101.

Accountability for Onward Transfers

Currently, MindTouch does not share or sell any personal data with non-agent third parties. Upon updates to this policy, we will identify those parties and provide individuals with opt-out choice prior to sharing their data.

Data Security

MindTouch shall take reasonable steps to protect the Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. MindTouch has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Information. This includes: loss, misuse, unauthorized access, disclosure, alteration, and destruction. MindTouch cannot guarantee the security of Information on or transmitted via the Internet.

Data Integrity and Purpose Limitation

MindTouch shall only process Personal Identifiable Information in a way that is compatible with—and relevant for—the purpose for which it was collected or authorized by the Individual. To the extent necessary for those purposes, MindTouch shall take reasonable steps to ensure that Personal Identifiable Information is accurate, complete, current, and reliable for its intended use.

Right to Access

MindTouch allows all Individuals—no matter their country of residence—rights to access the Personal Identifiable Information maintained about them. MindTouch shall allow an Individual access to their Personal Identifiable Information, and allow the Individual to correct or amend inaccurate information—in exception of when the burden or expense of providing access would be disproportionate to the risks to the privacy of the Individual in question, or where the rights of persons other than the Individual would be violated. This, notwithstanding, an Individual can opt to delete all data that MindTouch would hold at any time. Prior to doing so, MindTouch need to take steps to adequately verify the identity of the Individual making the request.

An Individual who seeks access or correct, amend, or delete data, should direct their query to [email protected]

With Whom Does MindTouch Share Information and What is Shared?

Financial Information.

If the Individual orders any Services that require the payment of a fee, MindTouch transmits the Individual’s financial information to financial service providers and banks for processing. If a problem is ever encountered with the Individual’s payments, MindTouch may review the information with the Individual, financial service providers, and the bank to resolve the issue.

Aggregated General Information.

MindTouch may share aggregated general information about the Website and Services with corporate partners, investors, advertisers, or others. Aggregated general information includes, without limitation: (1) the number of users of the Website or any Service, (2) revenue including payments—by, or to—the users, and (3) usage statistics. Aggregated general information does not include any personally identifying information that could be used to contact or identify the Individual.

Personally Identifying Information.

MindTouch may only share personally identifying information with third parties in the following limited circumstances:

  • With the Individual’s prior consent and where the processing is in MindTouch’s or a third party’s legitimate interests. This will not be used to override the Individual’s data protection interests or fundamental rights and freedoms.
  • MindTouch provides such information to trusted businesses or persons for the sole purpose of processing personally identifying information on MindTouch’s behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on MindTouch’s instructions, in compliance with this privacy policy and with appropriate confidentiality and security measures in place.
  • When MindTouch has a good-faith belief such action is reasonably necessary to: (a) satisfy any applicable law, regulation, court order, legal process or enforceable government request, or (b) ensure compliance with applicable terms of service or agreements including investigation of any potential violations, or (c) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person.
  • MindTouch may store and process Personal Identifiable Information collected on the site in the United States, Canada, or any other country in which MindTouch or MindTouch agents maintain facilities. By using these services, the Individual consents to the transfer of the Individual’s information among these facilities, including those located outside the Individual’s country.
  • MindTouch may use third party service providers to serve ads and emails. These companies may use technologies to measure the effectiveness of ads and emails and use information about the Individual’s to the Website so that a better experience may be provided to the Individual. If the Individual chooses not to receive MindTouch email communications, the Individual can opt-out or unsubscribe by: (1) visit http://info.mindtouch.com/preferences; (2) email [email protected], (3) follow the opt-out instructions in the email or newsletter; (4) send mail to MindTouch, Inc. (Attn: Legal Department). 101 West Broadway, Suite 1500, San Diego, CA 92101.

Updating the Individual’s Contact Information

MindTouch provides the Individual with the ability to review and update user contact information that user provides to MindTouch by: (1) accessing and modifying this information in the Individual’s account; (2) submitting a request to MindTouch at [email protected] MindTouch will respond to requests for access to update or delete the Individual’s account information within 30 days.

If the Individual chooses not to receive MindTouch email communications, the Individual can opt-out or unsubscribe by: (1) visit http://info.mindtouch.com/preferences; (2) email [email protected], (3) follow the opt-out instructions in the email or newsletter; (4) send mail to MindTouch, Inc. (Attn: Legal Department). 101 West Broadway, Suite 1500, San Diego, CA 92101.

Information Security

MindTouch takes appropriate security measures to protect against: unauthorized access,unauthorized alteration, and disclosure or destruction of the Individual’s information. MindTouch restricts access to Individual’s personally identifying information to employees who need to know that information in order to operate, develop, or improve the Services. The Individual’s financial information and passwords are stored in encrypted format for increased security. MindTouch’s servers are protected by firewalls and are physically located in secure data facilities to further increase security. While no computer is 100% safe from outside attacks, it is believed that the steps that have been taken to protect Personal Identifiable Information has drastically reduced the likelihood security problems to a level appropriate to the type of information involved.

Third Party Information Gathering

MindTouch’s website may contain content and advertisements hosted on third party websites. These third party websites may place their own cookies on the Individual’s computer, collect data, solicit Personal Identifiable Information, or perform user activity tracking other than that described herein. For more information about each third party content provider, cookies, and how to “opt-out”, please refer to such third party privacy policy. In other words, MindTouch’s website may contain links to other websites. Please be aware that MindTouch is not responsible for the privacy practices of such other websites. Awareness is encouraged when Individuals leave MindTouch’s site, and the importance of reading the privacy statements of each and every website that collects personally identifying information is stressed. This Privacy Policy applies solely to information collected by this Website.

Children’s Privacy

The Website and Services are not intended for children under the age of 13. If the Individual is a child under the age of 13, please do not submit any information to the Website. MindTouch does not knowingly request Personal Identifiable Information online or offline—from users under 13 years of age; nor does MindTouch knowingly use or share Personal Identifiable Information from users under 13 years of age with third parties.

Change of Control

In the event that another company acquires all, or substantially all, of the assets related to the Website or Service—or if MindTouch experiences some other change of control event— MindTouch reserves the right to include any or all stored Personal Identifiable Information among the assets transferred to the acquiring company.

Users Outside the United States (GDPR for EU Individuals)

MindTouch makes the Website available for Individuals primarily located in the United States of America. Certain policies and procedures have been enacted to comply with European Union laws governing data privacy (GDPR). The Individual understands and agrees that this privacy policy may not comply with other foreign laws that may be specific to the Individual’s country or region. EU individuals who wish to learn more about their GDPR rights and/or file a complaint regarding a GDPR violation may do so by contacting their supervisory data protection authority. Please refer to this link http://ec.europa.eu/justice/article-29/structure/dataprotection- authorities/index_en.htm to ascertain the contact information for the appropriate authority.

Privacy Shield for EU and Swiss Individuals Whose Data is Transferred into the United States

MindTouch complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield.  MindTouch has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

MindTouch is subject to the regulatory and enforcement authority of the United States Federal Trade Commission (FTC).

Pursuant to the Privacy Shield MindTouch is liable for the onward transfer of EU and Swiss personal data to agent third parties unless we can prove we were not a party to the actions resulting in the damages.

Please note that we are obliged by the Privacy Shield to inform EU and Swiss individuals that we may be required to release their personal data in response to lawful requests from public authorities including to meet national security and law enforcement requirements.

We acknowledge the right of EU and Swiss individuals to access their personal data. Individuals wishing to exercise this right may learn how to do this by referring to “The Individual’s Ability To Choose” section above.

In compliance with the Privacy Shield Principles, MindTouch commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact MindTouch at:

[email protected]

OR

Aaron Rice
CEO
MindTouch, Inc.
101 West Broadway Suite 1500
San Diego, CA 92101

MindTouch has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Changes to Privacy Policy

This privacy policy is subject to change without notice. MindTouch may change the policy at any time by posting a new version of it on the Website. Please check the Website regularly for information about revisions to this Privacy Policy. In the event that the Privacy Policy is changed, such changes will affect all of the information collected after any such change. If the Individual objects to the change to the Privacy Policy, then the Individual must contact MindTouch in writing regarding the Individual’s objection.

Effective date: September 14, 2018

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