Thank you for visiting the website (www.uncountable.com) or web platform of Uncountable Inc. (“we”, “our” or “us”). An important part of our commitment to you is our respect for and protection of your privacy as a user of our website or web platform (for the purposes of this Privacy Policy, the website and web platform shall together be referred to as the “Site”). We have prepared this Privacy Policy to help you understand how we collect, use, disclose and legally process your personal information when you visit the Site. You do not need to take any action as a result of this Privacy Policy, but you may have certain legal rights as described below.
It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.
Uncountable Inc. complies with the EU-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 to the United States. Uncountable Inc. has certified to the Department of Commerce that it adheres 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 program and to view our certification, please visit https://www.privacyshield.gov/.
Under the EU-U.S. Privacy Shield Framework, Uncountable Inc. has elected to have a panel established by EU Data Protection Authorities (DPAs) address complaints and provide appropriate recourse free of charge to the petitioning individual. Uncountable Inc. submits itself to the investigatory and enforcement powers of the FTC with regards to this Privacy Policy. A binding arbitration option may also be available to you in order to address residual complaints not resolved by any other means.
Uncountable Inc. is the “data controller” of your personal information. In simple terms, this means that we: (i) “control” your personal information, including making sure that it is kept secure; and (ii) make certain decisions on how to use and protect your personal information, but only to the extent that we have informed you about the use or are otherwise permitted by law.
If you have any concerns, questions or comments about this Privacy Policy or our use of your personal information (including any requests to exercise your legal rights), you can email us at info@uncountable.com, Attn: Webmaster, Uncountable.
In compliance with the Privacy Shield Principles, Uncountable Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Uncountable Inc. at: info@uncountable.com.
If European Union data protection laws apply to your personal information, you have the right to make a complaint at any time to the relevant European Union supervisory authority. We always appreciate the chance to deal with your concerns before you approach any supervisory authority, so please contact us in the first instance.
Your visit to the Site is subject to this Privacy Policy. This Privacy Policy is regularly reviewed and was last updated on December 12th, 2018. We may amend or update our Privacy Policy from time to time. If we update this Privacy Policy, we will post the updated Privacy Policy on the Site and notify you of such changes. Any such changes will be effective upon posting or as otherwise noted in the updated Privacy Policy. This Privacy Policy concerns only the Site and does not concern any website to which the Site may link.
It is important that the personal information we hold about you is accurate and up-to-date. Please keep us informed if your personal information changes during your relationship with us.
The types of personal information we collect, use and store about you will depend on the product or service you have requested from us and/or the nature of your interaction with us. When using the Site, we collect and process the following types of personal information (depending on the nature of your interaction with us):
· your name, age/date of birth and gender;
· personal, device and business contact information (such as your email address, postal address, phone number and IP address);
· your communication and marketing preferences;
· other personal information that you submit to us, such as information you provide to correspond with us in relation to inquiries; and
· other publicly available personal information, including any which you have shared via a public platform (such as a LinkedIn page).
We do not collect any special category personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
When you enter and browse the Site, we may collect two different types of information about you: information you provide to us, and information we collect through technology or from third parties.
You may voluntarily provide personal information via the Site in online forms and conversations and in other correspondence (including via email and telephone), for example, in a request to contact us. We may collect and retain a record of all communications with you.
We may collect information about you through technology automatically as you navigate the Site. For example, we may collect your IP address each time you request a page during a visit to the Site. At times, we may also use IP addresses to collect information regarding the frequency with which users browse various parts of the Site. We may also collect information regarding your browser version and your operating system.
The Site may also use other technical methods to track and analyze the traffic patterns on the Site, such as the frequency with which our users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send our Site users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails.
During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse overs), and methods used to browse away from the page. We may use this information to measure Site activity, to develop ideas for improving the Site and for any other purpose to the extent permitted by applicable law.
In connection with an employment inquiry, we collect data from third parties regarding your work authorisation status, education history, employment history and professional designations, and other information about your qualifications.
We will use your personal information for the following purposes, and pursuant to the corresponding legal bases:
1. Purpose: To enter into, and perform, contracts with you that you or your employer have requested, including by sending administrative emails to you in relation to such contractual arrangement. Legal Basis: Performance of a contract with you.
2. Purpose: To manage our relationship with you, including notifying you about charges to our terms or this Privacy Policy. Legal Bases: (a) Performance of a contract with you. (b) Necessary to comply with a legal obligation.
3. Purpose: To improve the Site and products and services that we offer, including tailoring the Site to the needs of all users; recommending options that match any stated preferences; and notifying you about changes to our services. Legal Basis: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
4. Purpose: To keep a record of your relationship with us. Legal Bases: (a) Necessary for our legitimate interests. (b) Necessary to comply with a legal obligation.
We may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your data.
No automated decision making, including profiling, is used when processing your personal information.
You will receive marketing communications from us if you have requested information from us or purchased products or services from us, and, in each case, you have expressly consented to receiving that marketing or, on the basis of our legitimate interests, we believe that you would expect to receive that communication. You can ask us to stop sending you marketing messages at any time by clicking the ‘unsubscribe’ link contained in a communication, responding to the communication with an indication that you would like to stop receiving that communication, or by use or by contacting us at info@uncountable.com, Attn: Webmaster, Uncountable or Uncountable GmbH.
Where you opt-out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a service provided by us to you or your company (which we will continue to process in order to perform a contract with you, on the basis of our legitimate interests, or as a result of our regulatory or legal obligations).
We store your personal information and share it with our affiliates, including Uncountable GmbH, our wholly-owned German subsidiary. We may use or disclose this information for marketing, research and other business purposes, and we may associate your personal information with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information to unaffiliated third parties.
We use service providers to operate the Site and employ other persons to perform work on our behalf (including lawyers, auditors and other professional advisers). These companies and individuals may have access to your personal information, but only as needed to perform their functions. We make sure that these companies and individuals enter into an appropriate agreement with us in respect of data processing and meet our standards for data security, under which they may not use your personal information for another purpose or share your personal information with any organization without our consent (except where required to do so by applicable laws).
We reserve the right to use any personal information in any manner permitted by law. We will use or disclose personal information when we believe that such disclosures are required by law, regulation, legal process, subpoena, document request or governmental request. We will also do so to help enforce this Privacy Policy, protect your safety or security, including the safety and security of property that belongs to you, or protect the safety and security of our websites, web platforms, databases or third parties, including the safety and security of tangible or intangible property that belongs to us or to third parties.
Additionally, in the event that we choose to merge, sell or transfer all or parts of the shares, businesses or assets of Uncountable, or we acquire or merge with another entity, whether an affiliate or a third party, your personal information may be one of the assets that we may transfer to our acquirers or successors.
Except as permitted or required by applicable law and in accordance with Uncountable’s role as a controller or processor, Uncountable provides you with an opportunity to opt out of sharing your personal information with third-party controllers. Uncountable requires third-party controllers to whom it discloses your personal information to contractually agree to (a) only process the personal information for limited and specified purposes consistent with the consent provided by you as per this Privacy Policy, (b) provide the same level of protection for personal information as is required by the Privacy Shield Principles, and (c) notify Uncountable and cease processing personal information (or take other reasonable and appropriate remedial steps) if the third-party controller determines that it cannot meet its obligation to provide the same level of protection for personal information as is required by the Privacy Shield Principles.
Uncountable may disclose personal information to trusted third parties as indicated in this Privacy Policy without offering an opportunity to opt out. Uncountable requires that its agents and service providers that have access to your personal information within the scope of this Privacy Policy provide the same level of protection as required by the Privacy Shield Principles. In the context of an onward transfer Uncountable Inc. has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Uncountable Inc. shall remain liable under the Privacy Shield Principles if its agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
Non-personal information is information that does not allow you to be identified or identifiable. We may use this information to understand better how our visitors use the Site, research our visitors’ interests and behavior, improve the Site, provide visitors with customized services and information, and for other similar purposes. We may share this information with others in any manner permitted by law.
We endeavor to protect your personal information. We use technical, administrative and physical methods to maintain the integrity and security of our electronic systems and protect your personal information. Please be aware that no security measures are perfect or impenetrable and that third parties may unlawfully intercept or access transmissions or private communications. However, we cannot guarantee the security of your data transmitted via the Site and therefore any transmission is at your own risk. We are not responsible or liable for any damages arising out of or in connection with your disclosure of your personal information.
We limit access to your personal information to those employees, agents, contractors and other third parties who have a need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We also train and instruct our employees that all personal information must be handled in accordance with this Privacy Policy and applicable privacy and data protection laws, and any misuse by employees is subject to disciplinary action.
We do not track our customers or Site users over time and across third party websites to provide targeted advertising and, therefore, the Site does not respond to Do Not Track signals. California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@uncountable.com (Attn: Webmaster, Uncountable).
The Site is not intended for children and we do not knowingly collect or solicit data relating to children. However, we are concerned about the safety and privacy of children who use the Internet. If you are under 13, please do not provide any personal information about yourself such as your name, address, telephone number, e-mail address, or any user name you may use, to us on the Site or through any of its features, including its ‘Contact Us’ feature. If a child under 13 has provided personal information to us through the Site, a parent or guardian may inform us at the address for legal notices above, and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy.
We will retain your personal information only for so long as we need the personal information for the purposes it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. unless a longer retention period is required under applicable law.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal information (so that it can no longer be used to identify you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
For further information regarding how long we retain your personal information, please contact info@uncountable.com, Attn: Webmaster, Uncountable or Uncountable GmbH.
When we transfer your personal information to countries located outside of the European Economic Area (“EEA”), such transfers are made in accordance with applicable data protection laws. Such transfers include when we are provided with personal information that you may have provided to our Germany subsidiary. For more information on the manner in which we legally protect your personal information when it is transferred outside the EEA, please contact info@uncountable.com, Attn: Webmaster, Uncountable or Uncountable GmbH.
If European Union data protection laws (or any other applicable law that grants such rights) apply to our use of your personal information, you have the right to access the personal information we hold about you, and there are a number of ways you can control the way in which and what information we store and process about you. We have explained these individual rights and controls below. To exercise these rights and controls (and to find out if they are applicable to you), please contact us at info@uncountable.com, Attn: Webmaster, Uncountable or Uncountable GmbH.
· Access: You have the right to ask for a copy of the personal information that we hold about you free of charge, however we may charge a ‘reasonable fee’ if we think that your request is excessive, to help us cover the costs of locating the information you have requested. We will respond to your request as soon as possible and (save for in certain circumstances) within one month.
· Correction: If there are any inaccuracies in the information we hold about you, please contact us and we will correct them.
· Deletion: If you think that we shouldn’t be holding or processing your personal information any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
· Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you contest the accuracy of it (unless the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your personal information for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you object to the processing and we are verifying whether our legitimate grounds to process your personal information, override your own rights.
· Object: You have the right to object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request the transfer: If you wish to transfer your personal information to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means. Please note that this right only applies to automated information which you initially provided consent for us to use or where we use the information to perform a contract with you.
· Withdrawal of consent: If you previously gave us your consent to allow us to process your personal information for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
The Site uses cookies. A cookie is a small file of letters and numbers that may be placed on your browser and stored on your computer when you visit the Site. Whenever you visit the Site again, the information stored in the cookie can be retrieved to notify the Site of your previous activity. The Site may use cookies to collect information (such as visits to the Site and the website or URL that referred you to our page), facilitate Site navigation, maintain quality of online services, provide additional security, allow the customization of your access to the Site, and remember you when you return to the Site.
A cookie cannot give us access to your computer or to information beyond what you provide us and we don't store personal information such as your name or address in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the Site.
You may refuse to accept cookies or can turn off cookies by activating the appropriate setting on your browser; however doing so may prevent you from properly accessing certain parts of the Site. You can also choose to have your computer warn you each time a cookie is being sent. Each browser is different, so look at your browser Help menu to learn the correct way to modify your cookie settings.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
