Privacy Policy

Last Updated: April 21, 2023

PRIVACY POLICY & NOTICE OF CALIFORNIA PRIVACY RIGHTS

This Privacy Policy tells you about how Commotion, Inc., a Delaware corporation (“Commotion”), collects and uses information about you (“personal information”) that we receive while you use this website and rights regarding that personal information. Diligence is important for protecting the privacy of personal information, so we may periodically update this Privacy Policy when we establish new personal information practices, adopt new privacy policies and in any other circumstances when it seems appropriate to do so. We do not knowingly attempt to solicit or receive information from children.

1. How we collect and use your personal information

A) How you give us personal information

When you access our website, we may collect personal information about you that includes, but is not limited to, data about the device that you are using to interact with our website, your browsing actions and patterns. We collect this information by using cookies, server logs and similar technologies. We may also collect information that is provided by you, such as your name, employer’s name, work address, email address and telephone number.

We process this personal information to obtain information about our website and interest in our products and services, to enable you to request information from us, to communicate with us and to be contacted by us. We do not and will not sell the personal information that we collect from you through this website.

To the extent legally applicable, Commotion, Inc relies on your consent, fulfillment of contract and/or legitimate interest as the lawful basis under GDPR Article 6 for processing the personal information that we collect in this manner.

If you are using our services as a client (“Client”), we may process personal information in the course of our business relationship with you, which may include any personal information provided to us by you or your authorized end users (“Client Users”) in connection with the Services or information collected by us on your behalf (collectively referred to as “Client Data”). Any Client Data is controlled by the respective privacy policy of the Client. If you are a Client User or other individual who wants to learn more about your information as contained within Client Data, we encourage you to review the privacy policies and/or notices of the relevant Client for more information about their privacy practices.

B) Publications

Commotion may offer information and content, such as white papers, through this website. This content may include or involve original content and content from and links to news feeds and blogs that are produced by others. This means you may be able to follow a link from our website to a third party’s website to obtain content that is relevant and useful to you. When you do this, you will be leaving our website. Commotion is not responsible or liable for content provided by these third party websites or personal information that they may gather from you.

C) Contacts and Inquiries

You may wish that Commotion contact you or provide information that may be helpful to you. For example, visitors to our website may have questions about our products and services or would like to be contacted by a member of our sales or support staff.

To request that Commotioncontact you, provide you with helpful information or both, you may submit personal information including your first name and last name, company name and address, work email address and work phone number. We will not share this information with any third party except as necessary to fulfill your request and to store your information in our cloud-hosted databases. We may rely on third parties on a contract basis to process your personal information for purposes of fulfilling your request.

You may at your own option choose to subscribe to ongoing news, product and other updates, which may be considered direct marketing. You may choose to subscribe or unsubscribe at any time. Please note that if you have set your browser to block cookies, this may have an impact on your ability to unsubscribe. If you have any difficulties managing your email or other communication preferences with Commotion please Contact Us.

We use Google Analytics to track how often people access our website and content. We use this information in the aggregate to understand what content products and services may be useful or interesting, so that we can better meet your needs.

We may occasionally conduct website-based surveys that we may use for various business purposes. When doing so, we do not track individuals but look at information in the aggregate only. Participation in surveys is voluntary.

D) Your correspondence with Commotion

If you correspond with us by email, the postal service, or other form of communication, we may retain such communications and information and use it to respond to your inquiry or to keep a record of your complaint, request, or otherwise. If you prefer that we do not contact you or that we delete your personal information, please Contact Us.

Note: if you ask us not to contact you by email at a certain email address, we will retain a copy of that email address on a “master do not send” list in order to comply with your no-contact request.

Commotion has a legitimate interest in maintaining certain personal information about those who communicate voluntarily with us.

E) Information We Receive from Third Party Sources

Commotion may obtain information about Clients potential customers and their users from third-party companies, such as market data enrichment services, including contact information, company size or industry, or activity of certain enterprise domains. In limited circumstances, we may also obtain information from third-party advertising partners who deliver ads, such as whether you clicked on or engaged with an ad they showed you.

2. Purposes for processing your information

Sometimes our legitimate interest is in processing data to better understand the needs, concerns, and interests of our Clients and potential customers. We also have a legitimate interest in monitoring and protecting the security of our information, systems and network, in conducting research and product development, in marketing and commercial activities, and in ensuring that our website’s content is presented most effectively to you and for your device. We may also rely upon your consent to collect and use your personal information.

3. What happens if you don’t give us your personal information?

You may enjoy access to the content on this website without giving us your personal information or you may enter only the minimal amount of information that we request (for example, name and contact information). Giving us some personal information is necessary if you would like us to contact you, provide you with additional information or to enable us to authenticate your identity if you log in to access Commotion’s products and services. You may opt-in or opt-out of receiving marketing communication at any time.

4. Use of the Commotion Website

Like most other websites, our website collects certain information automatically and stores it in log files. The information may include Internet protocol (“IP”) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of this website, including a history of the pages you view. We use this information to help us improve our website and better understand our visitor’s interaction with it. We may also use your IP address to help diagnose server problems, administer our website, analyze trends, track visitor movements and gather broad demographic information that helps us identify visitor preferences. We have a legitimate interest in understanding how our clients, prospective clients and visitors use our website. This insight helps us better design our website, present content and develop and offer better products and services.

A) Cookies and web beacons

To make this website work better and to help us provide you with useful information, we place small data ﬁles called cookies on your device.

What is a cookie? Cookies are small text ﬁles that are set in your computer or other device’s memory by websites that you visit. When you return to a website or visit a different one that recognizes one of your stored cookies, the cookie gives the website helpful information about your prior activity and preferences.

How to Control and Delete Cookies. You can use your browser to disable some of the cookies that we use. Instructions for doing so may be located under your browser’s “Help,” “Tools” or “Edit” menus. Disabling a cookie does not delete it from your browser. Cookies must be deleted manually. If you disable or delete a cookie, the information previously collected by that cookie may still be used, but we will not use that cookie to collect any new information from you.

5. When and how we share personal information with others

Any personal information that we collect from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. We may also engage third parties to assist us with business functions such as delivering information to you, contacting you on our behalf, and payment processing.

We do not otherwise reveal your personal information to third-parties for their independent use unless: (1) you request or authorize it; (2) it is in connection with the uses described above; (3) the information is provided to comply with the law (for example, to comply with a search warrant, subpoena or court order), enforce a contract or agreement that we have with you, to protect our rights, property or safety, or to protect the rights, property or safety of our employees or others; (4) the information is provided to our agents, vendors or service providers who perform functions on our behalf; (5) to address emergencies or acts of God; (6) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf; (7) if we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets; or (8) if Commotion or substantially all of Commotion’s assets are acquired by a third party, in which case the personal information we hold will may be among the transferred assets.

This Privacy Policy does not apply to websites, apps, products, or services that we do not own or control, including the websites, apps, products, and/or services of our Clients. This means that this Privacy Policy does not explain what our Clients do with your information as contained within Client Data. Information provided by or to third parties, such as our Clients, is controlled by their respective privacy policies, which we encourage you to review for more information about their practices.

We may also gather aggregated data about our Clients and website visitors and disclose the results of such aggregated, anonymized information to our partners, service providers, advertisers and/or other third parties for marketing or promotional purposes.

Our website may include user interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to “like” or share information from our website through these services, you should review the privacy policy of that service. If you are a member of a social media site, this activity may enable the social media website to connect your website visit to your personal information.

6. California privacy rights

We incorporate this section to identify additional consumer protections that were recently established under California law. Please note Commotion currently does not consider itself to be a “business” as defined in the California Consumer Protection Act, but we have elected to include these consumer rights as we strive to adopt industry best practices.

When you access our website, we may automatically collect personal information such as technical data about the device that you are using and your browsing patterns. We collect this information by using cookies, server logs and similar technologies. You may choose to give us additional personal information, such as your name, employer, address, email and telephone number.

We use this personal information in several ways, including monitoring website activity, gauging interest in our products and enabling you to communicate with us and request information.

We do not and will not sell the personal information that we collect from you through this website.

Exercising your rights. You may Contact Us to request a list of the categories of personal information that we collect and related information such as information sources, categories of information that we share with third parties and the purpose of any such sharing. These practices are also described in this Privacy Policy.

We will not charge or penalize you for requesting information and otherwise exercising your rights as described in this Privacy Policy, but we may reasonably limit the number of requests you may make and impose appropriate charges as permitted by law.

In some instances, you may request that we delete your personal information, consistent with your general right to request that we, as a business, delete any of your personal information that we have collected from you. Certain unique exceptions specifically preclude that we delete some information. Additional information is provided in this Privacy Policy.

Please note that any deletion, access or other requests concerning Client Data (as defined above) should be submitted directly to our Clients.

If you use an authorized agent to request information or exercise your rights, that authorized agent must meet the same authentication requirements that apply to the requests that we may receive directly from you. We may verify requests made by authorized agents to ensure security and comply with regulations and our internal policies.

7. Transferring personal information from the European Union to the United States

Our headquarters is in the United States. Information we collect from you will be processed in the United States. We have not sought nor have we received a finding of “adequacy” from the European Union under Article 45 of the GDPR. We rely on derogations for specific situations as set forth in Article 49 of the GDPR. We collect and transfer to the U.S. personal information only: with your consent, to perform a contract with you or pursuant to a compelling legitimate interest, which does not outweigh your rights and freedoms. We seek to take appropriate measures to protect the privacy and security of your personal information and to use it only consistent with your relationship with us and this Privacy Policy. We may also enter into data processing agreements and model clauses with our vendors.

8. Data subject rights

The European Union’s General Data Protection Regulation (“GDPR”) and other countries’ privacy laws provide certain rights for data subjects. A good explanation of them (in English) is available on the website of the United Kingdom’s Information Commissioner’s Office. When processing personal information contained within Client Data in connection with the provision of Services to our Client, we may be deemed a ‘data processor’ under the laws of certain jurisdictions while our Clients are deemed ‘data controllers’. Where we are deemed a data processor, you should contact our Client, the data controller, to pursue any such legal data subject rights.

We will reasonably cooperate with our Clients to support and comply with any such data subject rights requests. Where we are deemed a data controller under the laws of certain jurisdictions, we will take steps to help ensure that you are able to exercise your rights regarding personal information about you in accordance with applicable law. To do so, please Contact Us. Please note these rights may be limited in certain circumstances as provided by applicable law. We will promptly review all such requests in accordance with applicable laws:

You may Contact Us to confirm that we are processing your personal information and to access any personal information that we may have collected about you from this website.
You may also inquire about the purpose and categories of your personal information that we may process, third parties that may have received your personal information from us, the purpose of our collection and processing of your personal information, the source of any personal information about you that you did not provide to us, and how long we will store your personal information.
You have a right to correct (rectify) any personal information that we have collected from you if it is inaccurate.
You may also request that we delete or cease processing that information, subject to certain exceptions as allowed by law.
You may also request that we refrain from using your personal information for direct marketing purposes.
In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. We encourage you to first Contact Us, so we have an opportunity to address your concerns directly before you do so.

When practicable, we will provide, at no cost and in response to your authentic request, your personal information to you or transmit it directly to another controller. If we cannot provide the requested information, we will let you know when it can be provided. If we deny your request, we will use best efforts to explain the basis for our decision. Please note any requests concerning Client Data (as defined above) should be submitted directly to the relevant Client.

9. Information Security

We maintain physical, technical and administrative safeguards to protect the privacy of any data and personal information that you transmit through this website. These safeguards include ongoing testing and updating of our security technology and restricting access to your personal information to employees who have a legitimate need to know that information. We also train our employees about the importance of confidentiality and maintaining the privacy and security of your information and will appropriately discipline our employees to enforce their privacy responsibilities.

10. Personal information storage and retention

Your personal information is stored in the United States on our servers and by cloud-based database management services that we engage. We retain personal information for the duration of our customer’s and potential customer’s business relationship with us and for a time period that is appropriate for legitimate activities such as account recovery, contract renewal, operational analysis, and historical archiving. For specific information about where and how long your personal information is stored, your rights of erasure and data portability, please Contact Us.

11. Changes and updates to the Privacy Policy

By using this website, you agree to the terms and conditions contained in this Privacy Policy, the Terms of Use and any other agreement that we might have with you and that any dispute over privacy or the terms contained in these notices and agreements are governed by the laws of Texas. You also agree to arbitrate any such disputes in Texas and to abide by any limitation on damages contained in any agreement that we have with you. If you do not agree to these collective terms and conditions, please do not use this website or access our content. This Privacy Policy and our Terms of Use will change from time to time. We reserve the right to amend them at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy and Terms of Use on this website. You should review the current Privacy Policy and Terms of Use frequently to remain informed of any changes that may have been made to these documents. The provisions contained herein supersede all previous notices or statements regarding our privacy practices and the terms and conditions that govern the use of this website.