1. HOW WE COLLECT YOUR PERSONAL INFORMATION
When you interact with us, we are collecting personal information about you. Sometimes we collect personal information automatically when you interact with our Services and sometimes we collect the personal information directly from you. At times, we may collect personal information about you from third parties.
Personal Information You Provide
We may collect the following personal information you provide in connection with our Service:
- Account Creation and Profile Information for a Cymbal Account. We may collect personal information that you provide when you register for an account (where available). This information includes your email and password, company name, company URL, office phone number and office address. You may also add or confirm your name, company industry, tax ID, billing address, time zone and source of contact/lead.
- Contract Data. If your company enters into a contractual relationship with us, we may collect your name, job title, email address, signature (if wet signed or a copy of their autograph is used), customer name and address, and information about how you heard about us.
- Payment and Transaction Information. If you sign up for one of our Services requiring payment, we collect the information provided in connection with such payment. Please note that we use third party payment processors to process payments made to us. As such, all such information is provided directly by you to our third-party processor. The payment processor's use of your personal information is governed by their privacy notice. We will only receive the last 4 digits of the credit card number along with transaction-related information (i.e., payment date, amount, device type, IP address and card type). If custom billing is arranged, the account contact's name, email, job title, company and address may be collected as well.
- Communications. When you contact us through any method of communications, including through one of our website “Contact Us”, “Chat” or “Support” functions or you request a demo of the Cymbal platform, we may collect your name, email address, mailing address, phone number, company/company URL, account ID, type of inquiry, or any other personal information you choose to provide to us, such as how many contacts you have/your company has, which products interest you, what platform is currently being used, and meeting dates and times.
- Newsletter, Marketing Emails, and Blog. If you sign up to receive news or alerts from us, or subscribe to our blog, we may collect your email and applicable interests and communication preferences.
- Cymbal Partner. If you apply to be a Cymbal partner, we may collect personal information that you provide when you sign up (where available). This information includes your name, email, title, business phone number, company name, company URL and office address.
- Events, Surveys, Feedback and Promotions (including Contests, Sweepstakes, Webinars, and Training Sessions). If you fill out any forms or otherwise provide your information to us in connection with Cymbal events, surveys, or other promotional events (including contests, sweepstakes, webinars, and trainings), as well as when you provide feedback to us, we may collect your contact information (such as your name, email, and phone number), your organization company, your job title, the office address and any other information you provide to us.
Personal Information Automatically Collected
As is true of most digital platforms, we and our third-party providers and partners collect certain personal information automatically when you visit, interact with, or use our Service:
- Log Data: Including your internet protocol (IP) address, operating system, browser details such as type, ID, and configuration, unique identifiers, local and language settings; session logging, heatmaps and scrolls; screen resolution, ISP, device type and version, the referring URL, date/time of your visit, the time you spent on our services and any errors that may occur during your visit to our Services.
- Analytics Data: Including the electronic path you take to our services, through our services and when exiting our services, UTM source, as well as your usage and activity on our services, such as the time zone, activity information (first and last active date and time), usage history (flows created, campaigns scheduled, emails opened, total log-ins) as well as the pages, links, objects, products and benefits you view, click or otherwise interact with. We may also analyze the interaction between you and your customer using our Services.
- Digital Behavioral Data: Web page interactions (clicks, hovers, focus, mouse movements, browsing, zooms and other interactions), referring web page/source through which you accessed the Sites, and statistics associated with the interaction between device or browser and the Sites.
- Location Data: Including your general geographic location based on the IP address we collect.
- Platform data: If you have an account to use the services we offer as a processor, we may in addition also collect your name, phone number, email address, company information, status in the sales cycle, lead and commercial details (like platform specifics, initial marketing channel), and user and account ID and other identifiers (such as Salesforce ID and Cymbal ID), NPS/account sentiments, Cymbal Academy user profile/history data, account health status, event attendance, status as lead/account, integrations.
We and our third-party providers may use (i) cookies or small data files that are stored on an individual's computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information.
Personal Information from Other Sources and Third Parties
We may also obtain personal information from third parties, which we may combine with personal information we collect either automatically or directly from an individual.
We may receive personal information from the following third parties:
- Cymbal Entities: We may receive personal information from other companies and brands owned or controlled by Cymbal Group, and other companies owned by or under common ownership as Cymbal Group.
- Cymbal Business and Marketing Partners. We may also disclose personal information with other business and marketing partners with whom we jointly offer products or services, co-market or host events, or who are part of our partner ecosystem. The information we disclose may include your name, phone number, email address, company name and address, opportunity/interest details of your company, and information on whether your company is a current client of our partner.
- Social Media: When an individual interacts with us through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Facebook, Twitter, Instagram or other social networks through, for example, the social media buttons embedded into our website, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual's privacy settings with the social network. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
- Service Providers: Our service providers that perform services solely on our behalf, such as chat services, payout processing, and marketing providers, collect personal information and often share some or all of this information with us.
3. HOW WE SHARE PERSONAL INFORMATION
We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as described below.
- Service Providers: We share personal information with third party contractors and service providers, that are subject to reasonable confidentiality terms, and which may include processing payments, providing web hosting and maintenance services, technology support providers, email and messaging communications providers, analytics providers, data storage providers, and web and video hosting providers and developers. Any such service providers will be subject to confidentiality provisions, and be bound to only process the data on our behalf and under our instructions, unless such service providers act as their own controllers (e.g., in the case we seek advice from lawyers and tax consultants).
- Business and Marketing Partners: We may also disclose personal information with other business and marketing partners with whom we jointly offer products or services, co-market or host events, or who are part of our partner ecosystem. We may obtain your consent where required by applicable law. Our business and marketing partners will use your information in accordance with their own privacy notices.
- Advertising Partners: We may share certain personal information (including information collected through cookies) with our advertising service providers and vendors in order to advertise our Services to you. For more information on how we collect and share this information, please see the Online Advertising section of this Privacy Notice.
- Corporate Transaction: We may transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, services, businesses and/or assets. Should such a transaction occur (whether a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, change of control or similar transaction or proceeding), we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with this Privacy Notice.
- Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement agencies, regulators, other authorities and other third parties for legal reasons if we reasonably believe that such action is necessary:
- in connection with the establishment, exercise, or defense of legal claims;
- to comply with laws or to respond to lawful requests and legal process;
- to protect our rights and property and the rights, personal safety and property of others, including to enforce our agreements and policies;
- to detect, suppress, or prevent fraud; or
- as otherwise required by applicable law.
- The Public/Other Cymbal Community users, when you post content on the Cymbal Community portion of the website: Remember, our websites allow you to connect and interact with others. In that case, your personal data may be visible to others as set out above under “Cymbal Community”.
- With Your Consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual's consent or direction we may post their testimonial on our website or service-related publications.
6. PRIVACY RIGHTS
In accordance with applicable privacy law and the jurisdiction in which you reside (including, without limitation, Colorado, Connecticut, Utah, and Virginia), you may be able to exercise some or all of the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):
- Right of access and portability. You may have the right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information.
- Right to correction. You may have the right to require us to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- Right to deletion. You may have the right to request the deletion of your personal information, subject to certain exceptions.
- Right to opt-out. You may have the right to opt-out of certain processing activities. For example, you may have the right to opt-out of the use of your personal information for targeted advertising purposes, or the “sale” of your personal information to third parties in certain contexts. You may also have the right to direct us not to use automated decision-making or profiling for certain purposes.
- Right to exercise control over sensitive personal information. You may have the right to exercise control over our collection and processing of certain sensitive personal information.
- Right to non-retaliation. You may have the right to be free from retaliatory or discriminatory treatment for exercising any of the rights described above.
To exercise your rights: please submit a request here. Before processing your request, we will need to verify your identity and confirm you are a resident of a jurisdiction that offers such right(s). In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you. In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
To exercise your right to opt-out: please submit a request, as follows:
Opt-out of data “sales”, please submit a request here. Unless you have exercised your right to opt-out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration, or use your information for all the purposes described in this Privacy Notice, including for targeted advertising. The third parties to whom we sell or disclose personal information may use such information for their own purposes in accordance with their own privacy statements.
You do not need to create an account with us to exercise your right to opt-out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. We may not process your request if we, in good faith, believe that the request is fraudulent. In such instances, we will send a notice to the requestor explaining our decision.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS (UNITED STATES)
These additional disclosures for California residents (“CA Disclosures”) supplement the information contained in our Privacy Notice and apply solely to individual residents of the State of California (“consumers” or “you”).
These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the “CCPA”)
Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.
When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
A. COLLECTION AND USE OF PERSONAL INFORMATION
We collect personal information from and about you for a variety of purposes, as described in the How We Collect Your Personal Information and How We Use Your Personal Information sections of the Privacy Notice.
Categories of Personal Information Collected. In the last 12 months, we have collected the following categories of personal information:
- Identifiers, such as your first, middle and last name, email address, username, or other similar identifiers;
- CA Customer Categories, such as your name, phone number, and postal address;
- Commercial Information, such as records of services purchased, obtained or considered;
- Internet/Network Information, such as device information, logs and analytics data;
- Geolocation Data, such as approximate location data generated based on your IP address or other information;
- Sensory Information, such as recordings of any phone calls or video calls (with your permission, as applicable) between you and Cymbal;
- Professional/Employment Information, such as the business or organization you represent, your title with that business or organization and information relating to your role with the business or organization, job application information and other details contained in your resume;
- Inferences about your interests and preferences, generated from your use of our sites; and
- Other Personal Information, including information you submit into the feedback form and any communications between you and Cymbal, as well as information we receive from social networking sites.
We collect this information from the following sources: directly from you, from our business partners and affiliates, from your browser or device when you visit our App or use our Services, or from third parties that you permit to share information with us. Please see the How We Collect Your Personal Information section of the Privacy Notice for more information about the sources of personal information we collect.
B. DISCLOSURE OF PERSONAL INFORMATION
We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information for a business purpose include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) analytics providers; (iv) marketing and strategic partners; and (v) social networks.
In the previous 12 months, we have disclosed all of the categories of personal information we collect, explained in the Collection and Use of Personal Information section of these CA Disclosures, to third parties for a business purpose, as describe the How We Share Your Personal Information section of the Privacy Notice.
C. SALE OF PERSONAL INFORMATION
As further described in the How We Share Your Personal Information section of the Privacy Notice, we may “sell” or “share” your personal information (as those terms are defined by the CCPA) to third parties, subject to your right to opt out of those sales or sharing (see Exercise Your Right to Opt-Out below).
In the last 12 months, we have sold or shared the following categories of personal information for the purposes described in our Privacy Notice, subject to your settings and preferences and your Right to Opt-Out: Identifiers, such as your name and email address, CA Customer Categories, such as your name and phone number, and Commercial Information, such as records of services purchased, obtained or considered.
The categories of third parties to whom we may sell or share the personal information include:
- Business and Marketing Partners
- Online Advertising Networks and Analytics Providers
- Social Networks
We may also disclose personal information to third parties at your direction or upon your request, in connection with a corporate business transaction, or to comply with legal or contractual obligations, as described in our Privacy Notice.
D. YOUR CALIFORNIA PRIVACY RIGHTS
As a California resident, you may be able to exercise the following rights in relation to the personal information that we have collected about you (subject to certain limitations at law):
- The Right to Access/Know: You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
- The specific pieces of personal information we have collected about you;
- The categories of personal information we have collected about you;
- The categories of sources of the personal information;
- The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
- The categories of personal information we have sold about you (if any), and the categories of third parties to whom the information was sold; and
- The business or commercial purposes for collecting or, if applicable, selling the personal information.
- The Right to Request Deletion: You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
- The Right to Correction: You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of your personal information.
- The Right to Opt-Out of Sales or Sharing of Personal Information: You have the right to direct us not to “sell” your personal information to third parties for monetary or other valuable consideration, or “share” your personal information to third parties for cross-context behavioral advertising purposes. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
- The Right to Limit Use and Disclosure of Personal Information: You have the right to direct us to limit the use of your sensitive personal information to certain purposes, subject to certain exceptions.
- The Right to Control Over Automated Decision-Making / Profiling: You have the right to direct us not to use automated decision-making or profiling for certain purposes.
- The Right to Non-Retaliation: You have the right not to receive retaliatory or discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
- "Shine the Light": California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California's "Shine the Light" law, or the right to opt out of such practices (Civ. Code §1798.83).
E. HOW TO EXERCISE YOUR CALIFORNIA PRIVACY RIGHTS
Exercise Your Right to Access, Right to Know, Right to Correction, and Right to Deletion
To exercise your Right to Access, Right to Know, Right to Correction, or your Right to Deletion: please submit a request here. Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, phone number, and/or date of last transaction on our Services.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
Exercise Your Right to Opt-Out of Personal Information Sales or Sharing for Targeted Advertising
Unless you have exercised your Right to Opt-Out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration, or “share” your personal information to third parties for cross-context behavioral advertising purposes. The third parties to whom we sell or share personal information may use such information for their own purposes in accordance with their own privacy policies.
You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. To exercise the Right to Opt-Out of personal information “sales,” you may submit a request here. Additionally, as is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect and disclose your personal information (including preferences, geolocation, commercial information and internet, network and device information) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell or share that information to other businesses for advertising and other purposes.
To exercise the Right to Opt-Out of the sharing of your personal information for cross-context behavioral advertising purposes (targeted advertising), you may submit a request by clicking here. Authorized Agents
In certain circumstances, you may permit an authorized agent to submit requests to exercise your California Privacy Rights on your behalf. The authorized agent must provide a letter signed by you confirming the agent has permission to submit a request on your behalf or must provide sufficient evidence to show that the authorized agent has been lawfully vested with power of attorney.
For security purposes, we may need to verify your identity and confirm directly with you that you have provided the authorized agent permission to submit the request, and it may take additional time to fulfil agent-submitted requests. We may deny a request in the event we are not able to verify the authorized agent's authority to act on your behalf. Please note that for privacy and security reasons, we will direct future communications to the data subject on whose behalf the request was made.
“Shine the Light” Disclosures
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. To opt out of this type of sharing, please submit a request here. Notice of Financial Incentives
In addition, we may offer you financial incentives for the collection, sale, retention, and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs, and/or their terms by posting notice on the program descriptions and terms linked to above, so check them regularly.
Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer.
Minors
We do not sell the personal information and do not have actual knowledge that we sell the personal information of minors under 16 years of age. Please contact us at hello@cymbal.co to inform us if you, or your minor child, are under the age of 16. If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at hello@cymbal.co. We may not be able to modify or delete your information in all circumstances.