Effective as of July 20th. 2018.
To the extent that it is not defined by applicable law, personal information (also known as “personal data”), will include any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without revealing any personal information. By using this Site, you acknowledge and understand that we will process personal information as set out in this policy (as they may be revised or updated).
You might find external links to third party websites on our website. This privacy notice does not apply to your use of any third party site.
Choice and Data Collection
Personal Information We Collect to be aligned with actual Performive practice, if necessary.
We collect information about you if you:
- use our websites;
- do business with us as a representative of one of our customers or suppliers;
- pay for our services;
- apply for a position with Performive
- use our online chat tool;
- contact us with any form of query or complaint;
- visit a Performive office or site;
- subscribe to marketing communications from us; or
- attend a Performive sponsored or hosted event,
We also process personal information on behalf of our customers when we provide our services to them, as explained above. When we do this, we act as a “data processor” under relevant data protection laws, whilst our customer (or potentially a third party) will be the relevant “data controller”. If you have concerns or questions about our processing of your personal information in the contexts of Performive‘ services, you should contact our customer. Please note that if you try to contact us directly, we may need to disclose your request to the relevant customer.
Depending on the context in which we interact with you, the information we collect is likely to include:
- your name;
- your contact details;
- your online chat username or ID;
- your IP address or device ID;
- credit card information;
- profile / log-in details;
- your marketing preferences;
- CCTV images or identification details (such as in a visitor signing-in book) which may be captured if you visit a Performive office or site;
- any other personal information you provide in correspondence with us, for example where this is relevant to a complaint or query.
Through your use of our websites, we will also collect information – such as IP address and browser generated information (browser type, operating system), as well as information about your browsing session. We do not use this information to identify you as an individual, but in order to tailor or enhance your browsing experience, or in aggregate with data of other users for statistical purposes.
How We Use Your Personal Information to be aligned with actual Performive practice, if necessary.
Your personal information will be used for the purposes listed in the table below.
Where the EU General Data Protection Regulation (“GDPR“) applies, we will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. We have also described the legal bases which we rely in the table. The legal basis we rely upon will impact which rights you have in relation to your personal information (see section below for more details):
Performive only shares personal information with other companies or individuals outside of Performive in the following limited circumstances: (1) Performive has your consent; (2) to subsidiaries, affiliates or other trusted businesses or persons for the purpose of processing personal information on our behalf, provided such parties have agreed to process such information based on our instructions and in compliance with this policy and any other confidentiality and security measures, as we deem appropriate in our sole discretion; and (3) Performive has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental or regulatory request, (b) enforce applicable terms of service, including investigation of potential violations thereof, or exercise, establish or defend any other legal right or claim, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Performive, its users or the public as required or permitted by law.
If all or part of Performive is sold, merged or otherwise transferred to another entity, the information that you have provided at this site may be transferred as part of that transaction. However, Performive will take reasonable steps to assure that such information is used in a manner consistent with the policy under which it was collected.
As it applies to SB 220, CCPA, GDPR and any other applicable law. It is against Performive‘s policy to sell personal information collected through its Site without consent.
Retention of your Personal Data
Performive will retain your Personal Data for a period of time which is consistent with the original purposes of collection. Purposes could include but is not limited to a contract with you to provide services. Performive will determine the appropriate retention period for Personal Data with potential risk, sensitivity, nature and if we can achieve the purposes of processing through a different means, as well as any applicable legal requirements.
After the retention period is over, your Personal Data will be removed, unless continued retention is necessary to exercise, establish or defend any legal right or claim, or to comply with a court order or governmental or regulatory request.
Your Rights in relation to your Personal Data
You have certain rights regarding your Personal Data, which is subject to local data protection law. These may include but are not limited to the following rights:
- To access your Personal Data stored by Performive (right to access)
- To resolve any inaccuracies in Personal Data and verify it is complete (right to rectification)
- To erase/remove your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten)
- To restrict our processing of your Personal Data (right to restriction of processing)
- To transfer your Personal Data to another controller to the extent possible (right to data portability)
- To object to any processing of your Personal Data carried out on the basis of legitimate interest (right to object)
- To prevent direct marketing at any time, without having to provide reasoning for such objection. You can ask us to stop sending email marketing, by following the ‘unsubscribe’ link you will find on all the email marketing messages we send you. Alternatively, you can contact us on the email address provided below.
- Not to be subject to a decision from an automatic process, including profiling, which produces legal or other significant effects (“Automated Decision Making”); We do not utilize Automated Decision Making in relation to the activities described in this Policy.
To exercise your rights or if, at any time after interacting with Performive you would like to review, raise complaints, change, delete or modify personally identifiable information previously provided, then you may contact Performive by e-mail at [email protected]performive.com
Performive will try to respond to any legitimate request within one month and will contact you if we need any additional information to honor the request. If you are a Performive client, you have access to update your account settings in your billing portal.
Wherever your personal information may be held by Performive or on its behalf, Performive intends to take reasonable and appropriate steps to protect the personal information that you share with us from unauthorized access or disclosure. Performive uses reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of all data, not just personal information. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal information. Only those who need to know that information in order to operate, develop or improve Performive‘s services have the information. They are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
The Site has physical, administrative and technical measures in place to maintain the security, confidentiality, and integrity of the data under our control, and to help protect against the loss, misuse, and alteration of such data. These safeguards help prevent unauthorized access, maintain data accuracy, and help ensure the appropriate use of all data. While Performive strives to protect your personal information, no data transmission over the Internet can be guaranteed to be totally secure and therefore we cannot ensure or warrant the security of any information you send to us. You send any information via the site at your own risk and are solely responsible for protecting passwords, limiting access on devices, and signing out of websites after your sessions.
International transfer of information collected
Performive is a global organization headquartered in the United States, and consequently your Personal Data may be collected, transferred and stored by us in the United States and by affiliates in other countries that we operate within.
Your Personal Data may be processed outside of the EEA, and in countries which are not subject to adequacy decision by the European Commission and which may not provide the same level of data protection in the EEA. If this is to be the case, Performive will ensure that such recipient offers an adequate level of protection, for example by entering standard contractual clauses for data transfer approved by the European Commission or by relying on certification schemes such as the EU – US Privacy Shield scheme.
You have a right to contact us at [email protected]performive.com for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
In limited circumstances, transfers of your personal information may be based on context specific derogations which permit transfers in the absence of safeguards, such as where a transfer is necessary for the establishment, exercise or defense of legal claims.
Changes to Policy
When Performive receives formal written complaints (whether by e-mail through this Site or otherwise), it is Performive‘s policy to contact the complaining user regarding his or her concerns. This policy and the statements outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
If you have questions, concerns, suggestions regarding this policy or if you wish to exercise rights regarding your Personal Data contact us at:
ATTN: Data Protection Officer
1130 Powers Ferry Pl
Marietta, GA 30067
Email: [email protected]performive.com
We are committed to working with you in getting a proper and fair resolution to any concerns you have regarding this policy. If you however, believe that your concern or issue has not been addressed and are located in the EEA you have the right to lodge a complaint with a supervisory authority.