CULTUREHQ, INC.

PRIVACY POLICY

Dated as of: May 24, 2018

IMPORTANT NOTICE TO USER:

This privacy policy and agreement (the "Privacy Policy" or "Policy") explains how, with your permission, (as set out below) CultureHQ, Inc. ("CULTUREHQ", "we" or "us") collects, uses and treats information that we receive from you through our website (available at www.culturehq.com) (the "Website" or "Site").  The terms "you" and "your" refer to any person or entity providing us with Personal Information (as that term is defined below) through our Website.  For your convenience, Section 13 (Definitions) provides a set of definitions used in this Privacy Policy.  This Privacy Policy does not cover Personal Information that you provide to us through other means, such as through telephone calls and traditional mailings.

1.              Your Consent.  Please read this Privacy Policy carefully as your consent to it creates legal obligations on you and on us.  BY ACCESSING AND USING OUR WEBSITE, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THIS PRIVACY POLICY.  In addition, for certain activities on the Site we may further confirm your consent by asking you to click an "I accept" button.  If you do not agree with the terms of this Privacy Policy, please contact us in accordance with Section 14.8 (Contact Us) or refrain from using our Site. 

2.              Types of Information You May Provide.  Information we may collect from you on our Site falls into two categories: (i) Anonymous Information, and (ii) Personal Information.  These categories are defined as follows:

2.1.         Anonymous Information.  The term "Anonymous Information" means information that does not identify you individually, and may include, for example, statistical information concerning the pages on our Website that you visit most frequently.

2.2.         Personal Information.  The term "Personal Information" means information about you that would allow us (or others) to identify and contact you including, but not limited to: (i) your name; (ii) mailing address; (iii) telephone number; (iv) financial account information; (v) email address; and (vi) other, similar information.  On our Site, Personal Information is collected from your profile, including name, email, job position, department, location, and personal interests.  You may also post other Personal Information on the Site.

3.              Our Uses of Your Personal Information.  You decide whether you wish to provide us with Personal Information.  As a data controller, we collect information about you when your profile card is created on our Site, when you post information to our Site, when you sign up for our demo or newsletter, when you engage with us on social media, and when you reach out to us digitally, by phone, or in person.  We keep your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.  We use your Personal Information as follows:

3.1.         Messaging.  Personal Information is used when you reach out to us through our chat feature.  This information is used to identify to us who you are so that we may better and more personally assist you.

3.2.         Announcements and Updates.  We offer a range of proactive communications to CULTUREHQ Members, such as Website-related updates and notifications.  These outreaches may be sent through email or instant messages.  In these cases, we use Personal information to provide you with the benefits associated with being a CULTUREHQ Member by allowing us to reach you in a more personal way.  You may unsubscribe from these outreaches through the "unsubscribe" link at any time.

3.3.         Automated Notifications.  The Site sends email notifications in order to keep CULTUREHQ Members fully aware of Site content that is personally relevant.  You may opt out of these email notifications (such as an invitation to an event) through your profile page on the Site.

3.4.         Personalizing Your Experience.  We include cookies on our Website and use them to recognize you when you return to the Site.  This helps to provide a tailored user experience and makes it easier to use the Site upon future visits.  Please review Section 7.2 (Cookies) for more information.

3.5.         Promotions.  We believe that your experiences can often act as the strongest promotion of our products and services.  Accordingly, we may wish to post on our Website or elsewhere, endorsements from you or descriptions you provide about your experiences.  If we seek the use of your Personal Information in this manner, we will first obtain your permission.

3.6.         Information You Wish to Have Posted on the Website.  We may collect Personal Information from you when you provide us with Submitted Content for posting on our Website.  Please review Section 4 (Submitted Content) for information concerning how we treat Submitted Content (and any Personal Information) you may post on our Website.

4.              Submitted Content.  You may choose to provide to us for posting publicly on our Website or elsewhere, and in certain circumstances you may post directly (for example, a submission to be published on our marketing website), information that includes Personal Information.  Personal Information included with Submitted Content will be treated as Submitted Content, and not as Personal information.  We may choose (in our sole discretion) to publicly post Submitted Content on our Website or marketing website.  Please keep in mind that Personal Information posted in this manner is not subject to the provisions of this Privacy Policy.  If you are posting Personal Information concerning an individual other than yourself, be sure that you have permission from that individual to make the posting.

5.              Posted Content. You may choose to post to our Website certain information that includes Personal Information (for example, posts in the social stream of an event feed). These posts may be viewed by other Members in your company, and, in the case of events shared with other parties (companies, entities, individuals, etc.), may be viewed by Members of those parties.

6.              Disclosures to Third Parties.  We will not disclose Personal Information about you to third parties without your express consent, except in the following circumstances: 

6.1.         Vendors.  We employ other companies (data processors) to perform functions both on our and your behalf, such as maintaining the Website, collecting information, sending and responding to electronic mail and other functions necessary to support CULTUREHQ, the Website, and the products and services that we offer (collectively, the "Vendors").  We will provide Vendors with only that Personal Information necessary to perform their functions and instruct them not to use Personal Information for any purpose inconsistent with this Policy.  We require that our Vendors maintain protections for Personal Information consistent with this Policy.  Our Vendors include Intercom (for communication), SendGrid (for transactional emails), and Amazon Web Services (for database storage, where Personal Information is encrypted).

6.2.         Questions of Harm.  We may disclose Personal Information about you on a case-by-case basis to attorneys, private investigation organizations, or law enforcement agencies if we believe that you are: (i) at risk of harm from another; (ii) harming or interfering (or will harm or interfere) with others; or (iii) violating (either intentionally or unintentionally) our Privacy Policy, or other legal obligations.

6.3.         Legal.  We will reveal Personal Information about you to the extent we reasonably believe we are required to do so by law.  If we receive legal process calling for the disclosure of your Personal Information, we may attempt to notify you via the email address you provided within a reasonable time before we respond to the request, unless such notification is not permitted.  In addition, we may share your Personal Information with third parties as otherwise permitted by law in order, for example, to protect against fraud, the confidentiality or security of our business records, or to comply with applicable legal requirements.

6.4.         Transfer of Ownership.  We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

7.              Our Use of Anonymous Information.  We use Anonymous Information to analyze the effectiveness of our Site, to improve our Website, products, services, and for other purposes.  For example, the finding that 40% of our Site users have created an event on our Site, if that information does not identify a particular user.  This information provides us with potentially useful data concerning our users' preferences and the efficacy and interest of our Site, products and services.  In addition, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and related services, and may share Anonymous Information with third parties, including advertisers (if any).  Rest assured that Anonymous Information provided to third parties will not allow anyone to identify you.  We may collect Anonymous Information through features of the software supporting our Website through both the means described below and other means.

7.1.         IP Addresses; Logs.  Either directly, or through our hosting service provider, we may automatically receive and record information from your internet browser, including your IP address (the internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from and other generally-accepted log information.  We may also record page views (hit counts) and other general statistical and tracking information that will be aggregated with information about other users in order to understand how our Website is being used, and for security and monitoring purposes.

7.2.         Cookies.  A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive.  Cookies can be used to provide a tailored user experience and to make it easier to use a website upon a future visit.  We include cookies on our Website and use them to recognize you when you return to our Site.  In addition, other third-party websites may recognize our cookies stored on your computer, and use that information to provide you with information related to the content of our Website.  You may set your browser so that it does not accept cookies, though cookies must be enabled on your web browser if you wish to access certain personalized features of our Site.

7.3.         Tags.  We may use "pixel tags," – small graphic images (also known as "web beacons", "single-pixel GIFS", or "web bugs") – to tell us what parts of our Website have been visited, to measure the effectiveness of searches users perform on our Site and for other purposes.  Pixel tags also enable us to send email messages in a format users can read, and inform us whether emails have been opened, to help ensure that our messages are of interest to recipients.  None of this data includes Personal Information, and you can opt out of receiving these types of emails from us by following the directions provided in Section 9 (Opting Out).  Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

7.4.         Click-Throughs.  We may send emails that use a "click-through URL" linked to content on our Website.  When you click one of these URLs, you pass through our web server before arriving at the destination web page.  We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications.  If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 9 (Opting Out).

8.              Anonymous Information Linked with Personal Information is Protected as "Personal Information."  To enable us to better understand your characteristics and/or to provide services tailored to your needs, we may link Personal Information with Anonymous Information (collectively, "Linked Information").  Linked Information will be treated and protected as Personal Information under this Privacy Policy. 

9.              Opting Out.  We allow you to opt out of receiving certain information.  If we choose to send bulletins, notifications, Alerts, or other communications to you, we will provide you with the ability to decline, or opt out of, receiving such communications.  In addition, you will have the option to unsubscribe to our Alerts, and we will take reasonable steps to comply with this request in a timely manner.  Instructions for opting out will be provided if and when we determine to send such a communication.  Please understand that you will not be allowed to opt out of formal notices concerning the operation of our Website, and legal and other related notices concerning your relationship to us and our Website.  If you would rather email us to opt out of receiving certain information, please do so at data@culturehq.com.

10.           Access; Removing Personal Information.  To allow you appropriate control over your Personal Information, you can request that we change, update or delete Personal Information that you have previously submitted to us.  You may also request that we send you a copy of your Personal Information that we have on file.  Additionally, you may object to or request to suspend the processing of your Personal Information.  We will take reasonable steps to verify your identity before fulfilling such requests.  Please understand that, if you request the deletion of your Personal Information, you will be unable to utilize the services associated with that Personal Information.  If you wish to exercise any of the above rights related to your Personal Information, please email us at data@culturehq.com.  We will fulfill your request within 30 days, barring any legal conflicts.  Please see Section 14.3 (Commitment to the Privacy Shield Principles) for more information.

11.           Third-Party Sites.  Our Site and Alerts may contain links to other sites.  Please be aware that we are not responsible for the privacy practices or content of other sites.  We encourage you to be aware when you leave our Site and to read the privacy policies of each website that collects Personal Information.  This Privacy Policy applies solely to information collected on our Site and does not apply to information collected by a site operated by a third party.  Rest assured, however, that Personal Information we receive from third-party sites will be treated by us as Personal Information pursuant to this Privacy Policy, unless such information is included with Submitted Content.

12.           Security.  We have put in place security systems, physical and technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of, Personal Information (collectively, the "Security Safeguards").  Our Security Safeguards are structured to deter and prevent unauthorized users and others from accessing Personal Information.  Please note that you also play a key role in protecting the security of your Personal Information.  For example, you should guard your password to our Website, and not give it to others to use.  In addition, you should close your browser when have finished viewing your information on our Website in order to prevent others from viewing your Personal Information.  Please also remember to make use of our "Security" tab on your profile page, which allows you to log out of any of your active Website sessions.

13.           Definitions.

13.1.      Affiliate.  The term "Affiliate" means an entity controlling, controlled by or under common control with, CULTUREHQ.  For purposes of this definition, "control" shall mean ownership or control, either directly or indirectly, of greater than 50% of the voting rights of such entity or the ability to control the day-to-day operations and business of such entity.

13.2.      Anonymous Information.  The term "Anonymous Information" has the meaning set forth in Section 2.1 (Anonymous Information) of this Privacy Policy. 

13.3.      Other Policies.  The term "Other Policies" has the meaning set out in our Terms of Use.

13.4.      Personal Information.  The term "Personal Information" has the meaning set out in Section 2.2 (Personal Information) of this Privacy Policy.

13.5.      CULTUREHQ Member.  The term "CULTUREHQ Member" means those Site visitors who registered as CULTUREHQ Members on our website or through their company.

13.6.      Submitted Content.  The term "Submitted Content" has the meaning set out in our Terms of Use.

14.           Additional General Provisions.

14.1.      Privacy Protection for Children.  Our Website is not directed at children and we will not accept or request Personal Information from individuals we know to be under 13 years old.  In accordance with the Children's Online Privacy Protection Act ("COPPA"), if we learn that a child under 13 years old has provided Personal Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures set out in Section 10 (Access; Removing Personal Information), or (ii) obtain verifiable parental consent in accordance with COPPA.

14.2.      EU-U.S. Privacy Shield / Swiss-US Privacy Shield Framework Policy Statement.  We comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.  We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield programs, and to view our certification, please visit https://www.privacyshield.gov/.   We are committed to subjecting all personal data it receives from data exporters in any European Union (EU), Switzerland or European Economic Areas (EEA) member state, under the Privacy Shield Framework, to its applicable Privacy Shield Principles.  To learn more about the Privacy Shield Framework and the Privacy Shield Principles, please visit the U.S. Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov.

We are responsible for the processing of personal data we receive from data exporters under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.  We fully comply with the Privacy Shield Principles. We adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, and enforcement and liability as described in more detail in our “Commitment to the Privacy Shield Principles” in Section 14.3 below. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, CULTUREHQ is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, CULTUREHQ may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Under certain conditions which are more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration for an unresolved dispute you may have with us.

14.3.      Commitment to the Privacy Shield Principles

14.3.1.         Notice – CULTUREHQ discloses the personal data categories being collected from EU/ EEA and Swiss customers, candidate customers and Site visitors, the purpose(s) of the data collection and other data processing, and any third party with whom these personal data may be shared as further described above in Sections 2.1 and 2.2 of this policy.

14.3.2.         Choice – CULTUREHQ offers all its customers, candidate customers and Site visitors to opt-out of any transfer of data to third parties or use of collected data for purposes other than originally stated for and authorized unless explicitly permitted by the affected individual. We also offer the individuals covered by the Privacy Shield choices for limiting the use and disclosure of their personal data. Any covered individual can email us at data@culturehq.com directly with his/her choice request, or can write us using the address indicated at the end of this policy with his/her choice.

14.3.3.         Onward Transfer and Accountability – CULTUREHQ will disclose personal information covered by the Privacy Shield to its agents only pursuant to the Notice and Choice principle to the extent applicable to the transfer unless the onward transfer is authorized in advance by informed, written consent by the individual affected by it. Before transferring personal information to an agent we will (i) provide that the transfer of such data is only for the limited and specified purposes the personal information were collected for; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (iii) take reasonable and appropriate steps to provide that the agent effectively processes the personal information transferred in a manner consistent with our obligations under the Privacy Shield Principles; (iv) require the agent to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles; and (v) upon notice, take reasonable and appropriate steps to stop and remediate unauthorized processing. In the cases set forth in the Privacy Shield Principles, we will be liable for the actions of the agent.

14.3.4.         Security – CULTUREHQ will take reasonable precautions in its protection of data and any misuse, loss, destruction, alteration, and unauthorized access or disclosure.

14.3.5.         Access – CULTUREHQ will provide access free of charge for its customers and customers’ candidates to their Personal Information and allow them to correct, amend, or request deletion of Personal Information where such Personal Information is inaccurate, unless the cost of such access is prohibitive in relation to the risk of privacy or where the rights of another individual would be violated.

14.3.6.         Data Integrity and Purpose Limitation – CULTUREHQ will take all reasonable steps to provide that any Personal Information it processes (including any processing through is agents) is limited by the purpose(s) for which such personal information has been collected.

14.3.7.         Recourse, Enforcement and Liability – CULTUREHQ will attempt to reasonably resolve any concerns related to the processing of his/her Personal Information directly with the individual. In the event a resolution cannot be reached, EU, Swiss or EEA customers may engage CULTUREHQ's independent recourse mechanism, our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request if you have any unresolved dispute with us.

14.4.      Changes to Our Privacy Policy.  We may change our Privacy Policy from time to time.  If we make any changes regarding the Privacy Policy, we will inform you of these changes.  Changes to the Privacy Policy will become effective upon your consent pursuant to Section 1 (Your Consent), at which point the new Privacy Policy shall govern information we collect from you.

14.5.      Disclaimer Notice.  We make no claims, promises or guarantees about the accuracy, currency, completeness or adequacy of the content of this Website, products and services available through the Site or Submitted Content, and expressly disclaim liability for errors and omissions in the related content.  No warranty of any kind, implied, express or statutory, including but not limited to warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus is given with respect to the Website, products and services offered through the Site, Submitted Content, embedded links to other internet resources or other communications.  Although we have put in place security systems (as described in this Privacy Policy) that are designed to prevent unauthorized disclosure of your Personal Information, due to the nature of internet technologies we cannot provide assurances as to the security of this information, and expressly disclaim any such obligation.

14.6.      Site Privileges.  You agree to refrain from all activity that imposes an unreasonable burden on the Site, and we reserve the right, in our sole discretion, to limit the access of any user violating this Privacy Policy.

14.7.      Choice of Law and Jurisdiction; Translations.  This Privacy Policy shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions.  Any dispute arising under this Privacy Policy shall be resolved exclusively by the state or federal courts sitting in the judicial district that includes Boston, Massachusetts.  This Privacy Policy may be translated into languages other than English (collectively, "Translations").  Any communications sent by us to you shall be sent in English.  Dispute resolution procedures arising out of either this Privacy Policy or the Translations shall be conducted in English, and the English version of this Privacy Policy shall control over the Translations.

14.8.      Contact Us.  If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at: support@culturehq.com.

14.9.      Complete Agreement.  This Privacy Policy must be read in conjunction with our Terms of Service and Other Policies, and the provisions of our Terms of Service and Other Policies are incorporated herein.  To the extent the Terms of Service or Other Policies conflict with the terms of this Privacy Policy, the terms of this Privacy Policy shall control.  Moreover, the terms of the Terms of Service shall, to the extent they conflict with the terms of the Other Policies, control over the Other Policies.