Last modified and effective as of: February 23, 2023
Collectively, Inc.’s address is 1600 Bryant St. #410750, San Francisco, CA 94141. Collectively UK Limited’s address is 151 Rosebery Avenue, London, England, EC1R 4AB.
1. WHAT INFORMATION ABOUT ME IS COLLECTED?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you, which may be your name, address, email address, brand or agency, and any additional information you submit to us. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the European Data Protection Laws (to the extent applicable). All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the European Data Protection Laws (to the extent applicable).
Non-Personally Identifiable Information
Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including non-identifiable demographic information, IP addresses, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences) in a way that would not enable you to be identified.
We will collect personally identifiable information that you submit to us. We may also collect personally identifiable information about you that is available on public websites or through surveys you complete.
We may collect information passively using “cookies” and “action tags”.
“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), and to allow us to statistically monitor how you are using the Service to help us improve our offerings.
In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to collect information in order to provide analytics-related and other services. In the course of providing such services, such third-party providers could place or recognize unique cookies on your browser.
You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.
For the avoidance of doubt, the Service may use third-party service platforms (including to help analyze how users use the Service). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable "third party" cookies, you may be able to turn them off by going to the third party's website.
Here is a link to the main third-party platform we use:
"Action tags," also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or e-mail sent on our behalf, may contain action tags.
By using cookies and action tags together, we can gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. We may also combine information collected from cookies with information that you may provide, such as information provided in a form that you complete. Information collected from some cookies placed on the website is used to deliver advertisements to Collectively Site visitors when such visitors are visiting other websites, including Facebook and LinkedIn.
We also collect information through our Internet log files, which record data such as user search queries, IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
3. DOES COLLECTIVELY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. In connection with use of the Service, we do not collect personally identifiable information from any person we actually know is under the age of 13.
4. WHAT DOES COLLECTIVELY DO WITH THE INFORMATION IT COLLECTS?
We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the European Data Protection Laws we rely on the following legal bases for processing your personally identifiable information:
1. where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
2. where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise);
3. where it is necessary for us to comply with a legal obligation to which we are subject; and/or
4. where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing, improving, or marketing the Service and your interests or fundamental rights and freedoms do not override those legitimate interests.
We use the information collected to provide the Service to you, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, and, unless you opt out (to the extent permitted by applicable law), so that we and third parties acting on our behalf can contact you about products and services that may be of interest to you.
Unless you opt out (to the extent permitted by applicable law), we may send you electronic newsletters, contact you about the Service and products, services, information and news that may be of interest to you, provide you with marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by email to: firstname.lastname@example.org.
If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your Organization’s billing account status. You will not be able to unsubscribe from these important Service announcements and notices as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you or your Organization.
Third Parties Generally.We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. In addition to the above, when users use our Service, third parties (including without limitation third-party analytics service providers) may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites. The third parties to which we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising products or services (including vendors, analytics services providers, and website tracking services), affiliates and other actual or potential commercial partners, and other similar parties. Please note in particular that the Service uses Google Analytics, including its data reporting features. Information collected by Google Analytics includes but is not limited to web metrics. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners' sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.
Professional Advisors.We may provide your information to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.Outside Contractors.
We may employ independent contractors, vendors, and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Service, such as hosting and maintaining the Service and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your personally identifiable information.
Sale of Business.We reserve the right to transfer information to a third party in connection with a sale, merger, or other transfer of all or substantially all of the assets of Collectively or any of its Corporate Affiliates (as defined below), or that portion of Collectively or any of its Corporate Affiliates to which the Service relates, or in connection with a strategic investment by a third party in Collectively, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.
If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the state of California, USA, regardless of your location.
9. FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law.To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:Request access to your personally identifiable information (commonly known as a ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;
Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;
Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personally identifiable information to another party; andLodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we process your personally identifiable information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.
If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact email@example.com.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.
DO NOT TRACKThe term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.
By email: firstname.lastname@example.org.
By postal mail or courier:Attn: PrivacyCollectively, Inc.1600 Bryant St #410750, San Francisco, CA 94141
13. PRIVACY NOTICE FOR CALIFORNIA RESIDENTSThis Section 13 shall apply only to the extent that we are regulated as a business (as defined in the California Privacy Rights Act of 2020 (collectively with any regulations promulgated thereunder, the "CPRA")) under the CPRA. This Section 13 shall apply to you only if you are a California resident.
As used in this Section 13, “sell” (including any grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information (as defined below) to a third party for monetary or other valuable consideration.“Selling” does not include (i) disclosing consumer information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Collectively, provided that information is used or shared consistent with the CPRA.
As used in this Section 13, “share” (including any grammatically inflected forms thereof) means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions with a third party for cross-context behavioral advertising for our benefit in which no money is exchanged.
“Sharing” does not include (i) disclosing consumer information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Collectively, provided that information is used or shared consistently with the CPRA.
13.1 Consumer Information Collected: We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents or households (“consumer information”). Consumer information does not include deidentified or aggregated information, publicly available information or lawfully obtained, truthful information that is a matter of public concern, or any other information that is excepted from the definition of “personal information” under the CPRA, or any information that is otherwise not regulated by the CPRA. For purposes of this Section 13.1, “publicly available information” means information that is lawfully made available from federal, state, or local government records, or information that we have a reasonable basis to believe is lawfully made available to the general public by you or from widely distributed media, or information made available by a person to whom you have disclosed the information if you have not restricted the information to a specific audience.
13.4 Sharing and Sales of Consumer Information:
13.4.1 In the preceding twelve (12) months, Collectively has not shared or sold, nor does it or will it share or sell, consumer information.
13.4.2 Collectively does not have actual knowledge that it shares or sells the consumer information of minors under the age of 16.
13.5 California Residents’ Rights and Choices: The CPRA provides California residents with specific rights regarding their consumer information. This Section 13.5 describes your CPRA rights (to the extent applicable to you) and explains how to exercise those rights.
13.5.1 Access to Specific Information and Data Portability Rights: You may have the right to request that Collectively disclose certain information to you about our collection and use of your consumer information over the past twelve (12) months or such other period required by the CPRA. Once we receive and confirm your verifiable consumer request (in the manner described in Section 13.6 below), to the extent required by the CPRA, we will disclose to you:
● The categories of consumer information we collected about you.
● The categories of sources for the consumer information we collected about you.
● Our business or commercial purpose for collecting that consumer information.
● The categories of third parties to whom we disclose that consumer information.
● The specific pieces of consumer information we collected about you (also called a data portability request).
If we disclosed your consumer information for a business or commercial purpose, a list disclosing disclosures for a business or commercial purpose, identifying the categories of recipients to whom such consumer information was disclosed and the consumer information categories that each category of recipient obtained.
13.5.2 Deletion Request Rights: You have the right to request that Collectively delete any of your consumer information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable request from you or your authorized agent (in each case if you are a California resident) in the manner described in Section 13.6 below (“verifiable consumer request”), we will delete (and notify our service providers and/or contractors to delete, unless this proves impossible or involves disproportionate effort) your consumer information from our records, unless an exception applies or retention of your consumer information is otherwise permitted by the CPRA. We may deny your deletion request if retaining the information is reasonably necessary for us or our service provider(s) and/or contractor(s) to:
● Complete the transaction for which we collected the consumer information, provide a product or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
● Help to ensure security and integrity to the extent the use of your consumer information is reasonably necessary and proportionate for those purposes.
● Debug to identify and repair errors that impair existing intended functionality.
● Exercise free speech, ensure the right of another consumer to exercise that consumer’s free speech rights, or exercise another right provided for by law.
● Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
● Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete the research, if you have provided informed consent.
● Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the information.
● Comply with a legal obligation.
13.5.3 Correction Request Rights: You have the right to request that we correct inaccurate consumer information about you that we maintain, taking into account the nature of the consumer information and the purposes of the processing of the consumer information. If we receive a verifiable consumer request from you to correct inaccurate consumer information, we will use commercially reasonable efforts to correct such inaccurate consumer information as directed by you, pursuant to Section 1798.130 of the CPRA and regulations adopted pursuant to the CPRA.
13.6 Exercising Access, Data Portability, Correction, and Deletion Rights:
13.6.1 To exercise the access, data portability, correction, and deletion rights described in Section 13.5 above, please submit a verifiable consumer request to us by either: (1) visiting https://collectivelyinc.com; or (2) contacting us in accordance with Section 12. Only you, or someone legally authorized to act on your behalf (such as an authorized agent), may make a verifiable consumer request related to your consumer information. Someone legally authorized to act on your behalf (such as an authorized agent) may make a verifiable consumer request on your behalf, provided that you have duly authorized that person or entity to make such a verifiable consumer request on your behalf and provided that that person or entity can provide verification of their authority to make such a request on your behalf where required. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a twelve (12) month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected consumer information or an authorized agent; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with consumer information if we cannot verify your identity or authority to make the request and confirm the consumer information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use consumer information provided for the purposes of verification of a consumer request to verify the requestor's identity or authority to make the request. In the event you make a request under this Section 13.6, we may take various approaches to verify your identity depending on the nature of your request. These approaches may include initiating video conferencing or telephone calls with you or reaching out to you by email or otherwise to ask you questions pertaining to the information we have about you.
13.6.2 We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your consumer information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you of the reason for refusing the request.
13.7 Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights, including, unless permitted by the CPRA, by:
● Denying you goods or services;
● Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
● Providing you a different level or quality of goods or services;
● Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services; or
● Retaliating against an employee, applicant for employment, or independent contractor, as defined in subparagraph (A) of paragraph (2) of subdivision (m) of Section 1798.145 of the CPRA for exercising their rights under the CPRA.
13.8 Consumer Information Retention. We will only retain your consumer information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law. To determine the appropriate retention period for consumer information, we consider the amount, nature, and sensitivity of that consumer information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your consumer information and whether we can achieve those purposes through other means, and the applicable legal requirements.