ZILLIANT PRIVACY NOTICE

Effective Date: November 24, 2020

Last Updated: August 15, 2023

Zilliant Incorporated and /or its controlled affiliates (“Zilliant”, “we”, “us” and “our”) is committed to respecting the privacy and security of the personal information we process. This Privacy Notice (“Privacy Notice”) provides important information about our use of personal information and informs you of your rights and choices. Please read this Privacy Notice carefully and let us know if you have any questions, comments, or concerns.

By accessing or using the Zilliant Services, as defined below, you acknowledge and agree that you have received and read this Privacy Notice. We may update this Notice from time to time as described in the Changes to this Privacy Notice section below.

Table of Contents

1. Scope

This Privacy Notice is intended to tell you about how Zilliant collects, uses and shares personal information when:

you visit and/or use any of our websites with the domain zilliant.com (“Site”);
you access, use or interact with any of the products or services Zilliant provides (“Products”), which include:
- any Zilliant products, including the Zilliant Platform and SaaS applications tailored to the pricing, sales and commercial needs of B2B customers across various industries (“Application(s)”);
- the data and information provided to you by Zilliant (including, without limitation, through the Applications);
- any data preparation or analysis, implementation, professional or training services provided by Zilliant;
- technical support services provided by Zilliant; and
- tools or documentation, such as application programming interfaces (“APIs”), made available by Zilliant;
you communicate with us; and
we market and promote our Services.

For the purposes of this Privacy Notice, we refer to our Site, Products, and any other service we provide as the “Services.”

2. What Personal Information Do We Collect and How is It Collected?

Personal information means any information about an individual from which that person may be identified. For example, it may include your name, phone number, email address, or payment information. Personal information does not include anonymous or aggregate data where the identifiers have been removed. We collect information, including personal information, directly from you and indirectly, as described below.

a. Information You Provide to Us

We collect information that you provide directly to us when you access or use our Services or when you interact with us. We collect information that you provide to us in the following ways:

i. Information from Site Visitors

When you visit the Site, we collect the following types of personal information in the following ways:

Forms, questionnaires, requests: When you submit a form on our Site, such as to request information about our Services or to interact with questionnaires, surveys or other interactive portions of our Site, we may collect your name, company name, business email address, business phone number, industry, and details about your company such as annual revenue, size, and sub-industries; and
Chat details: When you interact with our chat feature on our Site, we may collect your name, contact details, and the content of the communication.

ii. Information from Users of Our Services

When you sign up for, access, or otherwise use or interact with any of our Services, whether as an account owner or manager or individual user, we collect the following types of personal information in the following ways:

Account and Profile information: When you sign up for the Services, we collect your name, business contact information including your business email address and phone number, and professional details, such as your company name and role, manager, and any other account details you provide. We also collect information about your company, such as its size, organizational structure, products or services offered, and financial and revenue information;
Transactional information: When you access and use the Services, we collect information about historical and prospective transactions that your company engages in with its customers. This includes information about your company’s B2B customers, such as the company name and contact details of your customers. Transactional information also includes invoice and purchase order information such as products sold and purchase amount. Depending on the Services, in some cases transactional information may include information that you choose to upload or provide access to through the Services, such as specific data in your Salesforce.com instance. We also collect information about your use of the Services, which we cover in the section titled “Information Collected Indirectly” below.
Technical support requests and feedback: When you submit a technical support request or feedback, we collect your name, business contact information, reason for contacting us and any other information you provide as part of your request or feedback; and
Implementation and data management services: When you request data preparation, implementation or professional services, you may provide us with or give us access to certain information, such as information from your CRM system or other systems or databases, that enables us to provide the requested services.

iii. Information Received When You Interact With Us:

Whenever you communicate with us we collect the following types of personal information in the following ways:

Events and trainings: When you register for and/or attend a conference, webinar, training or other event that is hosted or sponsored by Zilliant, we collect your name, business email address, business phone number, job title, company name, industry, and information about the event you’re signing up for and your business or industry interests; and
Communicate with us: Any time you contact or communicate with us, such as by emailing or calling us, or by completing the online form to download or view Zilliant’s marketing materials, we collect your name, business email address, business phone number, job title, company name, industry, and information about your inquiry or request.

iv. Payment Information:

When you sign up for an account to use our Services, we collect information to facilitate payment. We may collect this information from you or your company representative. This includes billing representative information, including name and business contact information, and payment method and details, such as banking account details. If you sign up for a subscription-based Service, we will also collect subscription details, including subscription duration.

b. Information Collected Indirectly

i. Usage and Activity Data

We collect information about your interactions with the Services by automated means. This information may include features that you use, login details, clickstream data, and how you interact with others through the Services, such as the teams you work with and your interactions with colleagues or managers who are also using the Services.

ii. Device Data

We collect certain information about the devices you use to access the Services. This information may include IP address, access dates and times, information about your approximate location (as determined through your IP address), mobile, computer or device hardware information (e.g., operating system version, Hardware model, IMEI number and other unique device identifiers, MAC address, and device settings), device event information, and crash data. This information helps us to provide, protect, and enhance and improve the Services by helping us to understand how you use them.

iii. Cookies and Similar Technologies

We and/or our authorized third-party service providers or agents collect certain information by automated means using cookies and other similar technologies when you visit or access the Services. This information enables us to better understand the pages or content you view, your searches, traffic patterns, to secure and maintain our Services, and to optimize user experience. A cookie is a small text file containing a string of alphanumeric characters that is sent to your computer or device that allows us to uniquely identify your browser, computer, or device. We may also employ other technologies such as web beacons or pixels that collect information such as your web request, IP address, unique device identifiers, and information that can show your Service usage patterns. For more details about the cookies and other tracking technologies utilized on our Services, please see our Cookie Notice, available at: https://www.zilliant.com/cookie-policy

c. Information Collected From Other Sources

We receive information from our service providers, partners, and third party sources. We may combine this information with information we collect through the means described above. This helps us to update and improve our records and the Services, identify new customers, create more personalized advertising and suggest services that may be of interest to you.

i. Service Providers:

We receive information from our authorized service providers or agents who perform business services for Zilliant, such as Site information from third parties that assist us in operating our Site and transactional data from our third-party infrastructure service providers.

ii. Partners:

We may receive information from third parties with whom we partner to provide our Services. The information we receive from partners may include billing information, contact information, company name and location, what Services you have purchased or may be interested in, and feedback.

iii. Third-Party Tracking, Social Networks, Online Advertising and Third-Party Data Sources:

We receive information from the third parties who provide some of the cookies, tracking technologies and social media plug-ins we use as part of our Services. These third parties include advertising and market research partners who provide us with information about your interest in and engagement with our Services, emails, and online advertisements and publicly available data sources (like social media platforms). We also receive marketing data that Zilliant uses to find new leads and optimize conversion rates, such as lead lists from conference organizers or third-party lead generation databases or services. The information we may receive from these third parties may include contact name, business mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses and social media profiles. We use this information for the purposes of targeted advertising of Services that may interest you, delivering personalized communications, event promotion, and profiling.

d. What if You Do Not Provide Information?

Some personal information is necessary so that we can provide you with the Services you have requested and to use features of our Services. Failure or refusal to provide this information may prevent us from providing you with access to our Services.

3. Why We Collect Personal Information and How We Use It

We, or our authorized third-party service providers, agents and/or partners who assist us in providing the Services, process personal information for the following reasons:

To provide and operate the Zilliant Services;
To update, improve, and/or enhance the Services and develop new features, functionality, products and services;
To provide technical support for, secure and protect the Services, including to detect and prevent fraud, abuse, or security risks, and to track outages and troubleshoot;
To conduct analytics related to the Services;
To facilitate your payments, fees, and subscriptions;
For our internal business activities, such as to manage and maintain customer accounts;
To respond to your inquiries and requests, or otherwise communicate with you or provide you with assistance related to the Services;
For our marketing and advertising purposes, such as to send you marketing communications about our Services and/or events and tailor our communications to you;
To provide updates about our Services and send you newsletters;
To enforce our Terms and Conditions, resolve disputes or otherwise to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
To comply with legal and contractual obligations and requirements;
To keep you updated about changes to policies relating to our Services (including this Privacy Notice); and
For any other purpose with your consent.

We process personal information for the legal bases listed below. The applicable legal basis depends on the Services you use and how you use them.

To provide you the Services you’ve signed up for or requested.
Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. For example, when we carry out fraud screening, improve or enhance the Services, or to market and promote the Services.
Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
If we have obtained your prior consent. Please note that for this specific legal basis, you have the right to withdraw your consent at any time, but this will not affect any processing that has already taken place.

4. Disclosure of Personal Information

Aside from disclosing personal information to those of our personnel who are authorized to process the information in order to provide the Services, we disclose personal information only to the third parties and for the reasons described below.

Zilliant does not share personal information with third parties for their own marketing purposes.

a. Other Users Within Your Organization

We share certain profile information and information about your use of the Services with your manager or supervisor through the Services and with your organization’s account administrator.

b. Service Providers

We share personal information with our third-party service providers, vendors, partners, agents, consultants, subcontractors and others that help us provide our Services or with any of the purposes described in this Notice. These service providers provide services to us, for us, and/or on our behalf. Depending on how you use the Services, the following categories of third parties may collect or receive personal information from us or on our behalf:

Analytics providers;
Advertising and marketing partners;
Payment service providers;
Professional services providers;
Information technology, software development, hosting and related infrastructure providers;
Event coordination providers;
Technical support providers;
Providers of business operations and communication tools; and
Other third-party service providers that help us provide the Services.

c. Business Partners

We work with third parties who provide consulting, sales, support, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. If we offer joint marketing events with a third-party partner, we may share personal information with our partner and/or our partner may also collect personal information from you directly.

d. Integrated Third-Party Services and Third-Party Apps

We may offer you the ability to interact or share information with third parties through the Services. For example, we offer users the ability to connect third-party apps to the Services. Doing so may give the third-party apps access to your account, information about you like your name and email address, and any content you choose to use in connection with those apps. Third-party app policies and procedures are not controlled by us, and this Privacy Notice does not cover how third-party apps use your information. You should always check the privacy settings and policy / notices in these third-party apps or services to understand how those third-parties may use your information.

e. Business Transfers

We may share personal information with third parties we choose to acquire or with buyers, successors, or others in connection with a merger, divestiture, restructuring, reorganization, financing due diligence, dissolution or other sale or transfer of some or all of our assets or transition of service to another provider, whether as a going concern or as part of bankruptcy, receivership, liquidation or similar proceeding, as permitted by law and/or contract.

f. Legal Obligations

We may disclose personal information if we believe that it is necessary to (a) comply with a law, regulation, legal process, or legitimate governmental request; (b) protect the safety or security of the Services, users of the Services, or any person; (c) investigate, prevent, or take action regarding illegal or suspected illegal activities; (d) prevent spam, abuse, fraud, or other malicious activity of actors using or accessing the Services; or (e) protect our rights or property or the rights or property of those who use the Services. Non-public information about our users will not be released to law enforcement except in response to an appropriate legal process such as a subpoena, court order, or other valid legal process that has been reviewed by Zilliant. However, if we receive information that provides us with a good faith belief that there is an exigent emergency, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.

g. With Your Consent

There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Notice. We will only share personal information with these third parties if you consent to such sharing.

h. Aggregate, Anonymous, or De-Identified Data

We may share anonymous or de-identified usage data with our service providers or business partners for the purpose of analysis and improvements. Additionally, Zilliant may share such anonymous or de-identified usage data on an aggregate basis in the normal course of operating our business.

5. Marketing Preferences

From time to time, we may use personal information to send you information about offerings that may be of interest to you. If you no longer want to receive marketing emails from us in the future, you may opt-out by using the unsubscribe link that we include at the bottom of each marketing email. You can also manage your marketing preferences by contacting us.

6. Third-Party Links

We may provide links to other websites or resources with which we do not have a contractual relationship and over which we do not have control (“External Websites”). Such links are not paid advertisements, nor do they constitute an endorsement by Zilliant of those External Websites and are provided to you only as a convenience. By clicking on links to the External Websites, the operators of the External Websites may collect personal information. We are not responsible for the content or data collection practices of those External Websites, and your use of External Websites is subject to their respective terms of use and privacy policies. We encourage you to carefully read the privacy policy/notice of any website you visit.

7. Third Party Social Plugins

Some of our Services may provide third-party features such as “share” buttons or widgets for Facebook, LinkedIn or other social media services. These features may set a cookie or collect certain information about your device or your interactions with the Services when you interact with them. If you are logged in to your account with the third party, then the third party may be able to link information about your interactions with Zilliant to your account with them. Please check your privacy settings with each third party and refer to each third party’s privacy policy to learn more about how it may collect and use personal information.

8. Protecting Personal Information

We use reasonable and appropriate security measures designed to prevent personal information from being lost, used, accessed, altered or disclosed in an unauthorized or unlawful way. For example, we use encryption, secure socket layer and password protection.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and we cannot and do not guarantee that personal information is completely secure and safe from such risks. By using the Services, you understand and assume the risks associated with your activities on the Internet.

If you have reason to believe that your information is no longer secure, please let us know by contacting us.

9. How Long Do We Keep Personal Information?

We retain personal information for the purposes stated in this Privacy Notice. To determine how long we keep personal information, we consider the amount, nature and sensitivity of personal information, the reasons for which we collect and process the information and applicable legal requirements.

If the Services are made available to you through an organization (e.g., your employer), we retain your personal information as long as required by the administrator of your account.

10. International Transfers of Personal Information

The personal information that we collect or receive may be transferred to and processed in countries located outside of your country of residence to the countries where we or our third-party service providers operate. The data protection laws of the countries where personal information is processed may not be as comprehensive as or equivalent to those in your country of residence. Whenever we transfer personal information internationally, we take appropriate steps to protect it as required under applicable law. When we transfer personal information of individuals who are located in the European Economic Area (“EEA”), the UK, or Switzerland, we make use of the European Commission-approved standard contractual data protection clauses. We are also certified under the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework and have implemented the relevant Data Privacy Framework Principles for protecting personal information that we transfer. For more information about our Data Privacy Framework commitment, please see our Privacy Shield Notice below.

11. Your Choices

a. Accessing and Updating Personal Information

All users who have shared their personal information directly with us through our Services or authorized service providers may contact us to review, update or correct their personal information that we have on file. For questions about personal information that we hold about you, please contact us at privacy@zilliant.com. We will respond to reasonable inquiries without undue delay and as provided under applicable law. Before we can act on your requests, to ensure the security of your account, we may ask you to verify your identify.

b. Marketing Email Opt-Out

If you do not wish to receive marketing emails from us, you can opt-out following the unsubscribe instructions in the emails or by contacting us at privacy@zilliant.com. We will work to honor your request within 10 business days or as required under applicable law. If you opt-out, we will still send you transactional emails for service purposes, such as for responses to your requests or communications about your account.

c. Cookies and Online Advertising Opt-Out

As described above in this Privacy Notice, we collect and may permit third parties to collect information using cookies and other technologies. Please see our Cookie Notice for ways to exercise your choices around cookies and other technologies.

d. Do-Not Track Preferences

Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, the Services do not currently respond to browser DNT signals.

12. Additional European and International Data Rights

The European Union’s General Data Protection Regulation and certain other countries’ data protection laws provide certain rights for data subjects. If you are a resident of a country in the European Economic Area or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights. We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws. Depending on your country of residence, your rights may include:

The right to be informed – that’s a right to be informed about how we use personal information (and that’s what we’re doing in this Privacy Notice);
The right of access – that’s a right to make what’s known as a ‘data subject access request’ for a copy of the personal information we hold about you;
The right to rectification – that’s a right to request that we correct personal information about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account);
The right to erasure (also known as the ‘right to be forgotten’) – that’s where in certain circumstances you can ask us to delete the personal information we have about you. Please note that even if you request for your personal information to be deleted, we may need to retain certain information for particular reasons. For example, we may need to retain personal information to meet our legal or regulatory compliance obligations, such as maintaining records of transactions you have made with us, exercise, establish or defend legal claims, and to protect against fraudulent or abusive activity;
The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal information;
The right to data portability – that’s a right for you to ask us for a copy of your personal information in a common format (for example, a .csv file);
The right to object – that’s a right for you to object to us processing your personal information (for example, if you object to us processing your data for direct marketing);
Withdraw Consent – if we have collected and processed personal information with your consent, you have the right to revoke that consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent; and
File a complaint – that’s the right to file a complaint with a supervisory authority about our collection and processing of your personal information.

To submit a request, please contact us using the information described below, and we will consider your request in accordance with applicable laws.

These rights are subject to certain rules around when you can exercise them. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

We will respond to all legitimate requests within thirty (30) days, unless applicable data protection law requires an earlier response. Occasionally it may take us longer than thirty (30) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us.

13. Data Privacy Framework Notice

Zilliant complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) (collectively, the “DPF”) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union (“EU”) member countries, the United Kingdom (“UK”) and Switzerland. Zilliant has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal information received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Zilliant has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Notice and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

We commit to subject all personal information received from the European Union and the United Kingdom (and Gibraltar) to the EU-U.S. DPF Principles and all personal information received from Switzerland to the Swiss-U.S. DPF Principles in reliance on the relevant parts of the DPF program.

Under the DPF, we are responsible for the processing of personal information we receive from the EU, the UK, and Switzerland under the DPF and transfer to a third party acting as an agent on our behalf. We comply with the DPF Principles for such onward transfers and remain liable in accordance with the DPF Principles if third-party agents that we engage to process such information on our behalf do so in a manner inconsistent with the DPF Principles, unless we prove that we are not responsible for the event giving rise to the damage.

You have the right to access your personal information, as described in Section 12 of this Privacy Notice. You also have choices to limit the use and disclosure of your personal information as described in Section 11 of this Privacy Notice. For more information about the types of personal information we collect, the purposes for which we collect and use personal information, and the types of third parties to which we disclose personal information, please see Section 2, Section 3, and Section 4 of this Privacy Notice.

We may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requests.

Enforcement of DPF and the DPF Principles is managed by the Federal Trade Commission (“FTC”). By certifying its compliance with the DPF and the DPF Principles, the FTC has investigatory and enforcement authority over Zilliant’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF , Zilliant commits to resolve DPF Principles-related complaints about our collection or use of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of personal information received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact us at privacy@zilliant.com.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Zilliant commits to refer unresolved complaints concerning our handling of personal information received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to the BBB Data Privacy Framework Program, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers for more information or to file a complaint. The services the BBB Data Privacy Framework Program are provided at no cost to you.

Finally, as a last resort and under limited circumstances, EU, UK and Swiss individuals with unresolved complaints that Zilliant has violated its obligations under the DPF Principles may invoke binding arbitration before a EU-U.S. DPF Panel.

14. Children’s Privacy

Our Services are not intended for children under 18 years of age, and Zilliant does not knowingly collect personally identifiable information directly from children under the age of 18. If you are under the age of 18, please do not use the Services or provide any personal information. If you learn that a child under age 18 has provided us with personal information, please contact us. If we learn we have collected or received personal information about a child under the age of 18 without verification of parental consent, we will take steps to delete that information as required by applicable law.

15. Changes to this Privacy Notice

We may update this Privacy Notice from time to time. When we update the Privacy Notice, we will revise the “effective date” above and post a link to the new Privacy Notice on our website, unless otherwise required by applicable law. You are advised to review this Privacy Notice periodically for any changes. Changes to this Privacy Notice are effective when they are posted on this page. Whenever we make any material changes to this Privacy Notice, we will provide you with notice before the modifications are effective, such as by posting a notice on our website or sending a message to the most recent email address that we have on file for you.

16. Contact Us

If you have any questions about this Privacy Notice or our privacy practices, please contact us by email at: privacy@zilliant.com, or by mail at:

Zilliant Incorporated
720 Brazos St, Suite 600
Austin, TX 78701
USA