Privacy

Privacy Statement

Effective Date : 1st February 2018

 

MindTickle Inc. (“MindTickle” or “we”, “us” or “our”) is committed to ensure that your privacy is protected and wants you to understand how we collect, use, and disclose your information. This Privacy Statement describes MindTickle’s data collection, processing, and usage practices across our web applications deployed as a part of our subscription services (the “Web Apps”) and associated mobile applications (the “Mobile Apps”) and other services provided by us both online and offline (collectively, including Web Apps & Mobile Apps, the “Services”) and our marketing website located at www.mindtickle.com (the “Website”, collectively including Services, the “Sites”) both owned and operated by MindTickle. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information. The use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged MindTickle.

In this Privacy Statement, “You” or a “User” refers to any individual who visits or otherwise uses the Sites, including individuals that visit MindTickle’s Website (“Visitors”) and MindTickle customers including without limitation employees and affiliates (“End-Users”) who register to use the Services subscribed by their respective organizations (“Customer”). By using the Sites, you accept and agree to the practices described in this Privacy Statement. If you do not agree with the practices outlined in this Privacy Statement, you should not use the Services offered by MindTickle.

This Privacy Statement does not apply to the practices of third parties that MindTickle does not own or control, or to individuals that MindTickle does not employ.

If MindTickle enters a separately negotiated agreement with you related to use of MindTickle’s Services (“Customer Agreement”), these terms will still apply, but any conflicting terms in the Customer Agreement will override terms in this Privacy Statement.

You can request a copy of this Privacy Statement by contacting us at privacy@mindtickle.com.

This Privacy Statement includes MindTickle’s Privacy Policy Statement and the Privacy Shield Statement.

 

  1. Information We Collect

1.1. Personal Information: This refers to any information that you voluntarily submit to us and that in isolation or through a combination of information identifies you as an individual or relates to an identifiable individual, including without limitation: name, title, company name, job function, expertise, postal address, telephone number, or email address (collectively “Personal Information”). Personal Information can also include information about any transactions, both free and paid, that you enter on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.

If you submit any Personal Information relating to other people to us such as their name and email address, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.

If you submit contact information of another person (“Friend”) for the purpose of a referral program run by MindTickle, we will automatically send a one-time email inviting him or her to visit our services. MindTickle stores this information for the sole purpose of sending this one-time email and tracking the success of referral program. The Friend may contact us at privacy@mindtickle.com to request that we remove this information from our database.

1.2. Navigational Information: As is true of most websites, we gather certain information automatically. “Navigational Information” includes but is not limited to information about users’ systems and visits to MindTickle’s Services such as IP address, Internet service provider (ISP), geographic location, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data.

  1. How We Collect Information

2.1. Customers’ use of Services

To fulfill their business needs, our customers may provide or ask the End-Users of their organization to provide some Personal Information relevant to their business needs, including but not limited to name, email address, phone number, geographic details, business unit, reporting manager, performance metrics etc. Personal Information may also be generated in the process of the End-User interacting with the Services.

2.2. Information collected on Website: You are free to explore the Website without providing any Personal Information. However, we may collect Navigational Information about your visit to facilitate our operation of the Services and for other purposes described below.

In addition, we may require you to provide some Personal Information about yourself when you register to use our Services or express an interest in obtaining additional information, including when you request a free trial or demo, register for a webinar, contact us, subscribe to our email newsletter and download content (e.g. whitepapers).

2.3. Information collected on Web & Mobile Apps

When you download and use our Mobile Apps, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).

When you access MindTickle’s Web & Mobile Apps we may also automatically collect login information, IP addresses and additional Navigational Information that are not personally identifiable.

2.4. Use of cookies and other tracking technologies

MindTickle and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole.

A cookie is a small file which asks permission to be placed on your computer’s hard drive or on the web browser of your mobile phones. Unless you disable this setting, the file is added and the cookie helps analyze web traffic or lets us know when you visit a particular site. Cookies allow Web Apps to respond to you as an individual. The Web Apps can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. MindTickle and its partners & service providers use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Website and Web Apps in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Website and Web Apps, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer, mobile or any Personal Information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies, if you prefer. However, this may prevent you from taking full advantage of the Website and/or the Web Apps.

We also use analytics software to better understand the functionality of our Mobile Apps on your phone. We do not link the information we store within the analytics software to any Personal Information that you submit within the Mobile Apps.

2.5. Third Party Tools & Aggregated Information

In the process of providing Services, we try to understand users’ behavior by tracking user movement, links clicked, content viewed, click/touch, scrolls and keystroke activities on our Site. In order to understand user behavior, we may use third party analytical tools, including but not limited to MixPanel, Fullstory and Google Analytics. These third parties are bound by their own privacy policy and may use cookies to provide their services. For further information on cookies, please see Section 2.4 (Use of cookies) above, in this policy. If you do not want your behavior to be tracked, you have an option to opt-out of these analytics services. Opt-out options are available at: https://mixpanel.com/optout; https://www.fullstory.com/optout/; https://tools.google.com/dlpage/gaoptout and for users in European Union at http://www.youronlinechoices.eu

We will update our Privacy Policy Statement to reflect any new or alternative analytics service provider engaged by us.

To enhance our Services and provide better user experience, we may use anonymized and aggregated statistical information, which may be based on extracts of your Personal Information and share such information with third parties.

  1. Use of Information Collected

3.1. Compliance with our Privacy Policy Statement

We use the information we collect only in compliance with this Privacy Policy Statement.

3.2. We never sell Personal Information

We will never sell your Personal Information to any third party.

3.3. Use of Information Collected and/or Provided by Customers

Our Customers use the MindTickle’s Service to build training, enablement and capability building programs used by their employees, business affiliates & customers. MindTickle does not control the content of these programs or the types of information that our Customers may choose to collect or manage using the Services. Such information belongs to the Customer and is used, disclosed, and protected by them according to the Customer Agreement. MindTickle processes Customers’ information as they direct and in accordance with the Customer Agreement, and we store it on our service providers’ servers, but we do not have control over its collection or management. Our Customer Agreements prohibit us from using that information, except as necessary to provide and improve the Services and for general business purposes, as permitted by this Privacy Policy Statement, and as required by law.

3.4. Use of Personal Information

We may use this Information

  • to improve the experience of an End-User by personalizing our Services
  • to respond to users’ inquiries and fulfill their requests. For example, but not limited to sending newsletters & requested information regarding our Services and to handle support requests
  • to support Customers in their business objectives, including providing data & analysis related to their usage of Services or as otherwise requested by them within the scope of Services in the Customer Agreement
  • to communicate with Customers & End-Users and support them during their use of Services
  • to send you marketing communications relating to our business or of carefully-selected third parties which we think may be of interest to you, including via email and SMS in compliance with applicable laws (This applies only to the Personal Information collected on our Website or if agreed to expressly in the Customer Agreement in which the End-User is represented by the Customer.)
  • to allow you to participate in contests and other promotional events and to administer these activities (This applies only to the Personal Information collected on our Website or if agreed to expressly in the Customer Agreement in which the End-User is represented by the Customer.)
  • for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving, or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
  • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

3.5. Use of Navigational Information

We use Navigational Information to operate and improve our Website, Web Apps, and Mobile Apps. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized experience of our Services.

3.6. Security of your Personal Information

We are committed to ensuring that your information is secure. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. However, although we make efforts to protect your privacy, we cannot guarantee that the Website, Web Apps and Mobile Apps will always be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. If you have reason to believe that your information with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.

3.7. Sharing of Information Collected

3.7.1. Third Party Business Partners

MindTickle may occasionally partner with third parties to market and sell Services. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with MindTickle. In these cases, both parties may share Personal Information that you provide when registering for the co-sponsored event to allow them to contact you regarding products, programs, services, and promotions that they believe may be of interest to you. While MindTickle chooses to partner with reputable third parties that respect your information, MindTickle is not responsible for the information practices of its third-party partners. If you do not want us to share your Personal Information with these companies, contact us at privacy@mindtickle.com.

3.7.2. Agents and Service Providers:

MindTickle contracts with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide Services, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include analyzing data, providing technical services & infrastructure, engaging in consulting, training & content services etc. When we share information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality, and security of the Personal Information. These companies are authorized to use your Personal Information only as necessary to provide these services to us.

3.7.3. Business Transfers:

If MindTickle is a party to a merger, acquisition by another company, or its assets are entirely or partially acquired, users’ Personal Information may be among the assets transferred. MindTickle may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

3.7.4. Compelled Disclosure

We reserve the right to use or disclose your Personal Information if required by law such as to comply with a subpoena, bankruptcy proceedings, or similar legal process or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. This includes exchanging information with other companies and organizations for fraud protection and credit or payment risk reduction.

3.8. Retention of Information Collected

We may retain collected information as long as we consider it potentially useful for fulfilling the purposes outlined in this Privacy Policy Statement , providing Services or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, unless we are required to delete these information, by law or court order. For clarity, in case a Customer Agreement is in place in which the End Users are represented by the Customer, the Survival terms of the Agreement shall override this section for all information collected through our Services.

 

  1. Users’ Choices about Personal Information

4.1. Accessing, Correcting or Removing Information About Yourself

If you have registered for an account with MindTickle for using it’s Web or Mobile apps, your organization’s administrator and you (as per the policies set by the administrator) may generally update your user profile information, organizational information & settings by logging into the applicable Service with your username and password and editing your settings or profile. You can use this provision to correct any errors, outdated information, or omissions in user information that you have provided to MindTickle’s Services.

Upon request MindTickle will also provide you with information about whether we hold any of your Personal Information. If you would like to access, correct, amend, remove, or limit the use or disclosure of any Personal Information about you that has been collected and stored by MindTickle, please notify us at privacy@mindtickle.com so that we may consider and respond to your request in accordance with applicable law. We will respond to your request to change, correct, or delete your information within 30 days of request and notify you of the action we have taken, within 90 days.

In case your data uploaded to MindTickle platform is controlled by one of MindTickle’s Customer ogrnizations and governed by your agreement with the same (e.g. employee agreement, business partnership agreement etc.), we may need approval of the Customer before the request can be fulfilled. In such cases, we’ll forward your request to the Customer and inform you.

For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion

4.2. Unsubscribing from our communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, or by sending us email us at marketing@mindtickle.com. Customers cannot opt out of receiving transactional emails and notifications related to the Service subscribed by them.

  1. Other Important Terms

5.1 Transfer of Data

Unless otherwise agreed to in a separate Customer Agreement, your information may be stored and processed in any country where we have facilities or in which we engage service providers. By using our Services or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information.

5.2. Information about children

MindTickle’s Website & Services are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at privacy@mindtickle.com, so that we may delete the information.

5.3. Changes to this Privacy Policy Statement

We may update this Privacy Policy Statement from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes, we will notify you by posting the revised Privacy Policy Statement on our Website. Your continued use of our Services and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy Statement .

The “Effective Date” legend at the top of this page indicates when this Privacy Policy Statement was last revised

5.4. Questions, Concerns, or Complaints

If you have any questions about this Privacy Policy Statement or our treatment of the information you provide us, please write to us using the information below:

MindTickle Inc.

Attn: Chief Information Security Officer

55 2nd Street, Suite 550

San Francisco, CA 94105

privacy@mindtickle.com

 

5.5. Sensitive Information

We ask that you do not send us or disclose any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Sites or via other means.

5.8. Social Media Features

Our Website includes social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our Website and our Web Apps and Mobile Apps provides Customers the ability to log-in using Google, Facebook link. These Features may collect your IP address, which page you are visiting on our Website and Web Apps, and may set a cookie to enable the feature to function properly. Such features and widgets are either hosted by a third party or hosted directly on our Website, Web Apps and Mobile Apps. Your interactions with these features are governed by the privacy policy of the company providing these features.

5.9. Your Consent

By using our Website and/or our Web Apps and Mobile Apps you explicitly consent to our collection and use of your Personal Information as described in this Privacy Policy Statement. Additionally, we may store and process information in various sites throughout the globe, including in sites operated and maintained by cloud based service providers. If you are a resident in a jurisdiction where transfer of your personal information to another jurisdiction requires your consent, then it is hereby understood that you provide us your express and unambiguous consent to such transfer.

To reiterate, if we change our privacy policies and procedures, we will post those changes on our Website, Web Apps and Mobile Apps to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

 

  1. Information Related to Data Collected through the Services

6.1 Information Related to Data Collected for our Customers:

For the purpose of delivering Services, MindTickle collects information under the direction of its Customers, and has no direct relationship with the individuals whose personal data it processes. If you are an employee, partner or business associate of one of our Customers and would no longer like to be contacted by one of our Customers that use our service, please contact the Customer that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Customers.


6.2 Access and Retention of Data Controlled by our Customers:

We acknowledge that you have the right to access your Personal Information. MindTickle has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the MindTickle’s Customer (the data controller). If requested to remove data we will respond within a reasonable timeframe.

 

We will retain personal data we process on behalf of our Customers for as long as needed to provide services to our Customer. MindTickle will retain this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Privacy Shield Statement

EU-U.S. Privacy Shield and Swiss – U.S. Privacy Shield

MindTickle participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. MindTickle is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov

MindTickle is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. MindTickle complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, MindTickle is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, MindTickle may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

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 https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

A) Definitions

“Personal Data” means information that (1)is transferred from the EU/EEA or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means Personal Data that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

B) Principles

MindTickle may receive Personal Data from itself as well as from its affiliates, customers, prospective customers and business partners and other parties located in the EU/EEA. Such information may contain names, addresses, email addresses, title, department, location, training materials, training performance data, and includes information recorded on various media as well as electronic data.

MindTickle complies with the Principles with respect to processing Personal Data:

    1. MindTickle generally does not receive personal data directly from individuals. In the event that MindTickle does receive Personal Data directly from individuals, MindTickle shall inform an individual of the purpose for which MindTickle collects and uses their Personal Data and the types of third parties to which MindTickle discloses or may disclose that Personal Data. MindTickle shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to MindTickle, or as soon as practicable thereafter, and in any event before MindTickle uses or discloses the Personal Data for a purpose other than for which it was originally collected. MindTickle may be required to disclose Personal Data in response to lawful request by public authorities, including to meet national security or law enforcement requirements.
    2. MindTickle generally does not receive Personal Data directly from individuals. In the event that MindTickle does receive Personal Data directly from individuals, MindTickle will offer individuals the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a non-Agent third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, MindTickle will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a non-Agent third party or for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. MindTickle shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information. Agents, technology vendors and/or contractors of MindTickle may have access to an individual’s Personal Data on a need to know basis for the purpose of performing services on behalf of MindTickle or providing or enabling elements of the services. All such agents, technology vendors and contractors who have access to such information are contractually required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for MindTickle or as otherwise required by law.
    3. Accountability for Onward Transfer. MindTickle shall ensure that any third party to which Personal Data may be disclosed subscribes to the Principles or is subject to laws providing the same level of privacy protection as is required by the Principles and agrees in writing to provide an adequate level of privacy protection.
    4. Data Security. MindTickle shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. MindTickle has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, MindTickle cannot guarantee the security of Personal Data on or transmitted via the Internet.
    5. Data Integrity and Purpose Limitation. MindTickle shall only process Personal Data 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, MindTickle shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.
    6. Access and Recourse. MindTickle acknowledges the individual’s right to access their Personal Data. However, MindTickle generally does not receive Personal Data directly from individuals but indirectly, via its customers. In the event that MindTickle does receive Personal Data directly from individuals or that a MindTickle customer cannot access the individual’s Personal Data, MindTickle shall allow an individual access to their Personal Data and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.
    7. Enforcement and Liability. The Federal Trade Commission has jurisdiction over MindTickle’s compliance with the Privacy Shield. In compliance with the Privacy Shield Principles, MindTickle commits to resolve complaints about privacy and our collection or use of Personal Data. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy Statement should first contact us at:

MindTickle, Inc.
Chief Information Security Officer
55 2nd Street, Suite 550
San Francisco, CA 94105
E-mail: privacy@mindtickle.com

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 https://feedback-form.truste.com/watchdog/request.

Please note that if your complaint is not resolved through any of the above channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

C) Amendments

This Privacy Statement may be amended from time to time consistent with the requirements of the Shield Frameworks. We will post any revised policy on this website.


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