3radical Privacy Policy
3radical Limited, together with our subsidiaries and affiliates, (“3radical” or “we” “us,” or “our”) are committed to protecting the privacy of individuals who visit our Websites that link to this Privacy Policy (“Visitors”) and companies and entities who enter into services agreements and/or register to use the Services as defined below (the companies and their representatives are collectively, the “Customers”). This Privacy Policy (this “Privacy Policy”) describes 3radical’s privacy practices in relation to the use of our Websites, whether accessed from a computer or a mobile device, and the related applications and services offered by us (collectively, the “Services”), as well as individuals’ choices regarding use, access and correction of Personal Information (“personally identifiable information” or “PII”). For purposes of this Privacy Policy, information is considered personally identifiable information, PII and Personal Information if it is specific information that could potentially identify a specific person, and may include particular or aggregated data points that reveal the preferences and/or attributes of such person. PII, personally identifiable information and Personal Information do not include information that has been anonymised or aggregated, such that it could not identify a specific person.
If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use the Services or access the Websites.
Please note that the website addresses (i.e., URLs) or other hyperlinks included within this Privacy Policy may not function as hyperlinks from certain mobile devices or other access points. To view this Privacy Policy with clickable hyperlinks, please visit the websites on your computer.
Capitalised terms that are not defined in this Privacy Policy have the meaning given them in our Website Terms of Use.
I. PRIVACY STATEMENT SCOPE
This Privacy Policy covers the information practices, including how 3radical collects, uses, shares and secures the Personal Information Visitors or a Customer may provide on Websites that link to this Privacy Policy (individually and collectively referred to as our “Websites”). Generally, our intent is to collect only the Personal Information that is provided voluntarily by Visitors so that we can offer information and/or services to those individuals or offer information about employment opportunities.
Please see Section III (Customer Data) regarding questions or complaints about Personal Information pertaining to you as an individual that has been submitted to us by a Customer.
The Websites may contain links to other websites we do not control or maintain. 3radical is not responsible for the privacy practices employed by these other websites. We encourage you to note when you leave our Website(s) to read the privacy statements of such other websites before submitting any Personal Information.
II. TYPES OF PERSONAL INFORMATION
This Privacy Policy explains our practices with regard to “Personal Information” collected by 3radical for its own business purposes. Personal Information is any information that can be used to identify, locate or contact you. Personal Information also includes other information that may be associated with your Personal Information. We may collect Personal Information, including the following:
(a) contact information that allows us to communicate with you, such as your name, username, mailing address, telephone numbers, email address or other addresses that allow us to send you messages;
(b) relationship information that helps us do business with you, such as the types of products and services that may interest you, information on your company’s size, geographic locations, creditworthiness and demographics; and
(c) transaction information about how you interact with 3radical including purchases, inquiries, Customer account information, support services, and information about how Customers use the Services.
When our Customers collect Personal Information from you and submit it to us for processing, or request that we process that personal information on their behalf pursuant to our agreement with them, that information is considered “Customer Data.” Customer Data includes without limitation, names, preferences, and other information provided to 3radical by the Customer, at Customer’s collection point or by acquisition from a third party. Customer Data is governed solely by Section III (Customer Data) of this Privacy Policy.
III. CUSTOMER DATA
3.1 Customer Agreement. Our Customers engage 3radical to perform Services for them under a Software Subscription or other agreement. All Personal Information that we process in order to provide Services to our Customers is collectively, “Customer Data”. With the exception of Section 3.8 below, in the event of a conflict between this Privacy Policy and the terms of any agreement(s) between a Customer and 3radical, the terms of those agreement(s) will prevail.
3.2 Customer Privacy Policy Governs Customer Data. When our Customers collect Personal Information from individuals and submit it to us or if Customers request that as part of the Services, we collect information from individuals using technologies, such as the cookies, web beacons, location, social media usage analytics and other technologies (described in Section 4.3) and/or request that we process that information on their behalf pursuant to our agreement with them, the privacy statement of the Customer applies, and other than this Section III (Customer Data) this Privacy Policy does not apply.
3.3 3radical as Processor. 3radical is committed to protecting the privacy and security of all Customer Data. This Section III (Customer Data) explains our practices with regard to all of the Customer Data we process for our Customers, including any reports, analyses or other materials we generate for our Customers which rely on or reference to such Customer Data, including:
(a) On Demand/Cloud (hosting of 3radical Platform and product(s)) Customer will provide, through Customer’s use of an On Demand/Cloud service, Customer Data collected by Customer (not by 3radical) respecting the individual(s) or entity(ies) Customer wish to contact using the Service(s) being provided to Customer. In addition, if ordered by Customer, the Services may collect Customer Data for Customer respecting the behavioural use by an individual or entity in Customer’s campaign, which may associate certain preferences with an email address and adjust a campaign in its contact with such Customer(s).
(b) Hosted social/viral product(s) As part of its Services, 3radical hosts technology that enables Customers to seek and share information from their customers, clients and/or users, including information that a user may share about others (“friends”). The information entered may in the forms of addresses for email and other electronic delivery format(s), which addresses may reveal a name and/or personal characteristic that such person has represented in the address format. In addition, depending on the interface, campaign and message created by the Customer, those entering information, including individuals, may enter information revealing their first and last name, mailing address, telephone number, and other information that can identify them, as well as email addresses and other information regarding friends.
(c) Reports. In addition, 3radical will report to its Customers aggregated anonymous data pertaining to Customers, Customer Data or the companies and individuals who are customers or clients of a Customer that participated in a campaign. It is the responsibility of each 3radical Customer to use such anonymous information only in accordance with its Privacy Policy practices, applicable law and/or express permission. 3radical will not sell, market, or distribute any Personal Information in any way to any third party(ies), except as specifically stated in this Privacy Policy or in a specific agreement in accordance with applicable law(s). Any user may decline to provide Personal Information by choosing not to participate in a program offered by a 3radical customer and/or client, or their users. Alternatively, anyone may elect to opt out of receiving any further message in a campaign or respecting other future communications from a 3radical customer, client and/or user by according to the instructions provided with the campaign.
3.4 Sharing of Customer Data. 3radical will not review, share, distribute, or reference any Customer Data except as provided in the services agreement with Customer and as provided in this Section III:
(a) 3radical will disclose Customer Data of a particular Customer to such Customer and to other entities or individuals when instructed by the Customer.
(b) We may disclose Customer Data to our affiliates and service providers as needed to provide the Services that our Customer has requested. These entities are all contractually bound to limit use of Customer Data as needed to perform the Services.
(c) We will also always disclose Customer Data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United Kingdom and other countries where we operate.
3.4 Protection of Customer Data. We maintain administrative, technical and physical safeguards designed to protect the Customer Data provided by a Customer against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use in accordance with our agreement with such Customer.
3.5 Access to Customer Data. 3radical acknowledges that individuals have the right to access their Personal Information. If Personal Information pertaining to you as an individual is Customer Data, and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our Customer directly. Because 3radical personnel have limited ability to access the Customer Data submitted by our Customers as part of our Services, if you wish to make your request directly to 3radical, please provide the name of Customer who submitted your data to our Services. We will refer your request to that Customer, and will support them as needed in responding to your request within a reasonable timeframe.
3.6 International Transfer of Customer Data.
(a) Location of Customer Data. With limited exceptions, our Customer Data is maintained in the country where the Customer is located. However, some Customer Data from Customers is maintained in a country other than where Customer is located.
(b) Transfer. We may transfer personal Customer Data pertaining to individuals outside the United Kingdom to our affiliates and service providers elsewhere in the world. These entities are all contractually bound to limit use of Customer Data as needed to perform the Services and as provided by this Privacy Policy.
(c) Global Support. In the performance of an agreement with a Customer to provide support, 3radical may access Customer Data that resides on a server or cloud in another region or may access Customer Data that relates to individuals located in another region than where the customer support representative is located. 3radical will access and use such Customer Data only to perform the support obligations to its Customer and in accordance with this Privacy Policy.
(d) 3radical will always protect the privacy and security of Customer Data in our possession or control, regardless of where it is processed. Customer Data from the European Economic Area (“EEA”), and other countries with data transfer restrictions are authorized by Privacy Shield or other appropriate means.
3.8 Customer’s Responsibilities. Notwithstanding anything to the contrary in any service agreement with Customer or otherwise, it is the Customer’s sole responsibility to provide and abide by its own online information practices, including its Privacy Policy, including presenting verbatim or a summary of the practices set forth in this section by way of Privacy Policy, and to use and share with 3radical only information it has authority to use in the manner used (by either permission or applicable law). 3radical is not responsible for the collection of information except as agreed with a Customer and 3radical is not responsible for verifying ownership of any email address, or age or location of any customer or client of Customer. As part of the Services, email addresses may be used to send notifications and follow-up messages regarding a promotion being run by a Customer, and it is Customer’s responsibility to use such hosted information only as authorized by its own privacy policy, online information practices, applicable law(s) and/or express permission. In addition, it is the responsibility of each Customer not to provide any information regarding, respecting or relating to any individual under the age of thirteen (13) and, where any applicable law provides, under the age of eighteen (18).
If you have questions for us about this Section III (Customer Data), please contact us at the address below in Section XIV (Your Comments and Questions).
IV. INFORMATION WE COLLECT
4.1 Voluntarily Provided. Other than Customer Data which is obtained and processed by 3radical as provided in Section III (Customer Data), we obtain Personal Information about you as a Visitor, a prospective business contact or Customer if you choose to provide it. For example, if you contact our email mailboxes or you are listed as the contact person for certain Services ordered by a Customer or if you create a profile for a Customer account. In some cases, you may have previously provided your Personal Information to 3radical (if, for example, you are a former Customer). In addition, some pages on our Website may ask the Visitor to provide information, including personal information in order to receive communications, documents, or information about an event. Such information may include: name; email address; physical location/address; entity affiliation; and information about intended or desired use, interests, and preferences.
By submitting Personal Information to 3radical, you are also agreeing to the use of this information in accordance with this Privacy Policy. Your Personal Information is not used for other purposes, unless we obtain your permission, or unless otherwise required or permitted by applicable law. For example, if you send us an email message requesting information about 3radical, we will use your email address and other information you supply to respond to your request. If you send us a CV to apply online for a position with 3radical, we will use the information that you provide to match you with available job opportunities. Where we want to use your Personal Information for additional purposes, we will ask your permission for this at the point of collection.
3radical generally collects only the Personal Information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection.
Other than Customer Data which may contain “sensitive Personal Information which is processed by 3radical as provided in Section III (Customer Data), 3radical only collects “sensitive” Personal Information when the relevant individuals voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes Personal Information regarding a person’s race, ethnicity, political beliefs, trade union membership, religious or similar beliefs, physical or mental health, sexual life or criminal record. Please use your discretion when providing sensitive information to 3radical, and do not under any circumstances provide sensitive information to 3radical, unless you thereby consent to 3radical’s use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in 3radical databases. If you have any questions about whether the provision of sensitive information to 3radical is, or may be, necessary or appropriate for particular purposes, please contact 3radical as provided in Section XIV (Your Comments and Questions).
4.2 Automatic Collection of Personal Information.
In some instances, 3radical and its service providers use cookies, web beacons and other technologies to automatically collect certain types of information when our Websites are accessed, or when Customer uses the Services, or through emails that 3radical may exchange with a Visitor or Customer.
The collection of this information allows us to customise a Visitor’s or Customer’s online experience; improve the performance, usability and effectiveness of the Services; advertise and market our services; measure the effectiveness of our marketing activities; and generate and analyse statistics about our Customers use our Services.
Please see Section III (Customer Data) regarding our automatically collecting Personal Information as part of the Services we provide on behalf of our Customers.
(a) IP Address/log information When Visitors or Customers visit any of our Websites, we may collect (automatically log) their IP address (the unique address identifying a computer on the Internet) and standard web log information, such as browser type and the pages accessed on our Websites. The IP address will be automatically recognised by our servers. We may also use this information in aggregate form to maintain and improve our Websites and the Services and to generate and analyse statistics about our Websites and the Services and our Customers’ use of the Services.
(b) Cookies When our Websites are accessed, “cookies” may be placed by or for us on the visiting computer. When a Customer accesses a Service by logging in using a password and/or user ID, we send a “session cookie” to that computer. This type of cookie helps us recognise visits to multiple pages on the Websites during the same session, so that we don’t need to ask for a password on each page. Once a registered Customer has logged out or a browser is closed, this cookie expires and no longer has any effect. We may also use longer-lasting cookies for other purposes such as to display an email address on a sign-in form, to avoid the need to retype the email address on each log in to a Customer account. We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if the browser permits, but doing so may interfere with use of our Websites. You can find out more information about our use of cookies or change your consent here.
(c) Do Not Track Our Services may not recognise browser-based Do Not Track signals. However, as discussed above under “Cookies,” you may be able to modify your browser settings to block all cookies, or to block “third-party” cookies. Cookies that we set on our Services are considered “first-party” cookies. Details on your ability to restrict or change the personal information that we may collect about you are listed below Section XI (Your Choices, Including Opt-Out Options) of this Privacy Policy.
(d) Usage Analytics 3radical uses several third-party usage analytics tools including Google Analytics. More information about how Google Analytics is used by 3radical can be found here: http://www.google.com/analytics/learn/privacy.html.
To provide Visitors with more choice on how their data is collected by Google Analytics, Google has developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to the Services or to other web analytics services.
(e) Location-based tools 3radical may collect and use the geographical location of a Visitor’s or Customer’s computer or mobile device, but only with the express consent of the Visitor or Customer. With respect to the collection of precise information about the location of a Visitor or Customer mobile device, once the Visitor or Customer has consented to the collection, the consent may be adjusted by them by managing location services preferences through the settings of the mobile device they are using. This location data is collected for the purpose of providing Visitors and Customers with information regarding Services which we believe may be of interest to Visitors or Customers based on your geographic location, and to improve our location-based Services.
(f) Web beacons 3radical or its service providers may use web beacons (i.e. a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server) to track the effectiveness of third party web sites that provide us with recruiting or marketing services or to gather aggregate visitor statistics and manage cookies. 3radical only uses web beacons in accordance with applicable laws.
If you reject the cookies associated with some web beacons, you can render the web beacons unusable, although the web beacon may still record an anonymous visit from your IP address cookie information will not be recorded.
In some of our communications with prospects, Visitors or Customers, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge interest in our Services, and to maintain and improve them.
(g) Social media widgets and applications The Services may include functionality to enable sharing via third party social media applications (such as the “Like” button on Facebook® and the widget on Twitter®). These social media applications may collect and use information regarding your use of the Services (see details on ‘Social Sharing’ cookies above). Please be aware that certain of the personal information that you provide via such social media applications may be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.
In addition, 3radical may include blogs, forums, crowd-sourcing and other applications or services on its Websites or in social media, in its Services or otherwise online (collectively “social media features”). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any 3radical social media feature may be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we may have limited or no control.
4.3 If You Become a Customer Through an Agreement
When you are a Customer, in addition to the information collected as described in Section 4.1 and 4.2, we also collect the types of information described in this Section 4.3. As described in Section III (Customer Data), as part of providing the Services, we also may collect Customer Data about your customers, and their clients and/or end users (including information they share about others). Customer Data will be collected, used, shared and protected as set forth below and in Section III (Customer Data).
Before permitting a Customer to use a product or service, we may require such Customer to provide information we can use to verify the Customer’s identity, address or location, or to manage risk. We may also obtain information about a Customer from third parties such as credit bureaus and identity verification services. When a Customer is using a Service, we may collect information about a Customer’s computer or other access device for fraud prevention purposes. Customers will also provide 3radical with identifying information to set up and administer the Services, including authorised user identification information, and business and technical contact information, which will be used to perform the Services.
4.4 Employees.
We receive information, including PII when you apply for a job in the “employment” section of the Website. Any such information gathered through that section will be used solely to evaluate whether your background and experience make you a candidate for a career with us. We may also receive information from an employee before and during their employment including training, performance and other information. We have provided our employees with our privacy practices for employee information.
4.5 Blog/Message Board, email, etc.
To the extent 3radical makes available any forum for public comment, such as a blog, message board or chat space, posters should be aware that any profile information disclosed by them is available to all users of the applicable forum, and is thus neither private nor confidential. 3radical cannot guarantee the security of any information disclosed or communicated online in such forums, and posters disclose any such information entirely at their own risk. 3radical reserves the right at any time, in its sole discretion, to remove any content a poster may post on a blog, message board or chat space and restrict subsequent access to any such forum. 3radical further reserves the right to republish any posting to any such forum elsewhere on the Internet in any format. When 3radical is contacted via email, we answer by sending an email response to the sender. We also store the email we receive for archival purposes and for our own marketing purposes if we feel that it is consistent with the nature of the inquiry. We will not use return email addresses for any other purpose unless you give us permission to do so.
4.6 Additional
Finally, we may collect Personal Information from or about you in other ways not specifically described in this Privacy Policy. For example, we may collect information when you respond to a survey, set your preferences, contact us through customer services or by other means, enter a contest or sweepstakes or participate in another promotional or information gathering activity. Any information collected through these methods shall be used as provided in any announcement related to such item(s) and if none, then in accordance with Section IV 4.1 (Voluntarily Provided).
V. How We Use Personal Information
Use in General. We use the information (including Personal Information) we collect from or about Visitors and Customers (including without limitation, through technologies such as those described in Section IV 4.3 (Automatic Collection of Personal Information) primarily to provide better customer service to Customers, to improve and customise the content Visitors and Customers see, to help recognise Visitors and Customers when you use other devices, to provide the Services requested by Customers, and to contact Visitors and Customers about special promotions and new Services and for purposes including the following:
In some cases, Visitors who voluntarily provide information will receive a personalised message from one of our sales representatives with more information about the communication, document, or event, or our Services, via phone or email. If the Visitor has opted in to receive email communications from 3radical during contact with our Websites or sales representative, the Visitor will receive regular communications from 3radical until opting out using one of the clearly specified methods in the email communication.
Customer Data will be used and protected as set forth in Section III (Customer Data).
VI. Where and How We Store, Process and Protect Personal Information
Personal information collected is stored and processed on computers in the United Kingdom, Europe and Asia Pacific and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable regulations.
We maintain administrative, technical and physical safeguards designed to protect the Personal Information you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.
When processed as part of a hosted service, the information may be processed and stored on the servers of third party providers hired to provide the hosting, and our agreements with such parties require that they not use, disclose, or share such information.
Despite 3radical’s best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your Personal Information is limited to those who have a need to know. Those individuals who have access to the Personal Information are required to maintain the confidentiality of such information. We also make reasonable efforts to retain Personal Information only for so long as the information is necessary to comply with an individual’s request or until that person asks that the information be deleted.
Customer Data will be protected as set forth in Section III (Customer Data).
VII. How We Share Personal Information with Third Parties
3radical will not sell or rent any of your Personal Information to third parties in the normal course of doing business and only shares your Personal Information with third parties and service providers as described in this Privacy Policy. We may share your Personal Information with
VIII. INTERNATIONAL TRANSFERS
3radical may transfer certain personal information or Customer Data across geographical borders to its affiliates, service providers or outside companies working with us or on our behalf. 3radical may also store personal information or Customer Data in a jurisdiction other than where a Customer is based and such jurisdiction may not provide the same level of protection for such personal information or Customer Data as Customer’s home country. By providing personal information and Customer Data to us, Visitors and Customers are consenting to this transfer and/or storage of such Personal Information and Customer Data across borders.
VIX, CHILDREN
3radical does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register an account on our Websites or become Customers. In the event that we learn that we have collected Personal Information from a child under age 13 without appropriate permission from their parent/legal guardian, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at provided below.
Please see Section III (Customer Data) regarding Personal Information pertaining to a child under the age of 13 that has been submitted to us by a Customer.
X. PRIVACY AND CHANGE OF CONTROL
In the event 3radical or an affiliate going through a business transition, such as a merger, reorganisation, financing, change of control, or acquisition or sale of all or a portion of our business, we may transfer Personal Information and Customer Data as part of the transaction.
XI. YOUR CHOICES, INCLUDING OPT-OUT OPTIONS
Subject to applicable law, you have the right to obtain a copy of Personal Information we maintain about you or to request that we update or correct inaccuracies in that information by contacting us as indicated in the first section of this Privacy Policy. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
In addition to the right to access and correct your Personal Information, you may also have the right to have your information blocked or deleted in accordance with applicable law.
Please see Section III (Customer Data) regarding accessing, correcting, blocking and/or deleting Personal Information pertaining to you as an individual that has been submitted to us by a Customer.
XII. CHANGES TO THIS PRIVACY STATEMENT
3radical may amend this Privacy Policy at any time to reflect our current privacy practices by posting revised version(s) on our Websites. The revised Privacy Policy will be effective at the time of posting. If any such revised Privacy Policy includes a substantial change to the use or sharing of your Personal Information, including without limitation one that may or will affect any personally identifiable information that we have already collected, we will make reasonable efforts to notify you of the changes and to give you the opportunity to opt out.
Please see Section III (Customer Data) about changes to policy statements regarding Personal Information pertaining to you as an individual that has been submitted to us by a Customer.
XIII. YOUR COMMENTS AND QUESTIONS
If you have questions or complaints regarding this Privacy Policy or our associated practices, please contact 3radical by contacting us at the following:
Privacy Officer
3radical Limited
1 Friary
Temple Quay
Bristol
BS1 6EA
ENGLAND