1WorldSync Privacy Policy

1WorldSync Privacy Policy
Effective Date: Last Updated May 22, 2014

We Self-Certify Compliance with:

INTRODUCTION

This privacy policy (“Privacy Policy”) describes the information collection practices that 1WorldSync Holdings, Inc. and its respective subsidiaries listed in Exhibit A (“1WorldSync,” “we,” “us,” or “our”, if not explicitly referring to one company) follow when handling Personal Information (defined below) that we collect or receive in conducting our business, including through our customer products, websites and user applications (the “Sites”), as further explained below. Employment data is not subject to this Privacy Policy, but will be covered under separate policies and procedures of, and agreements among, the various 1WorldSync companies.

DEFINITIONS

“Data Processor” means a third party that processes Personal Information on behalf of and pursuant to the instructions of 1WorldSync.

“Personal Information” means any information relating to an identified individual, or to an individual who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. Personal Information does not include information that is anonymized. Personal Information does not include corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.

“Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life.

INFORMATION WE COLLECT FROM OR ABOUT YOU

Personal Information You Provide To Us. We collect Personal Information that you provide to us through our Sites, and in connection with other business dealings we may have with you. This includes basic contact information about you, such as your name, company name, title, address, phone number, fax number and email address. It may also include information on the products or services you have shown interest in or purchased from us. If you use a credit card to purchase a product or service from us, we also may collect information necessary to process the credit card transaction, such as the credit card type, number and expiration date.

Website Usage Information We Collect. In addition to Personal Information that you choose to submit to us, whenever you visit or interact with our Sites, we may collect or store information about your interaction with our Sites (“Usage Information”). This Usage Information may include:

  • your IP address or any other unique identifier assigned to the device that you use to access our Sites;
  • the functionality and characteristics of your device, including type of browser, operating system and hardware, mobile network information and in some cases location information;
  • the URL that referred you to our Sites, if any;
  • your activities on our Sites, such as which web pages you visit, what terms you searched within our Sites and which links within our Sites that you click on; and
  • the time of day that you visited our Sites and how long your visit lasted.

Usage Information is typically anonymous information. However, if it is combined with your Personal Information in a manner that reasonably allows it to be associated with your identity, or is otherwise considered Personal Information under applicable law, it will be treated as Personal Information under this Privacy Policy.

Analytic Technologies We Utilize. We use certain common methods and technologies to collect and store Usage Information about your interaction with our Sites (“Analytic Technologies”). These Analytic Technologies may be downloaded to the personal computer, laptop, tablet or mobile phone that you use to access the Sites (“Your Device”). The specific Analytic Technologies that we use are as follows:

Cookies. A cookie is a data file placed on Your Device when you visit our Sites. We use cookies only to remember you and your preferences in case you revisit our Sites in the future. In particular, we use “Google Analytics” to collect information about use of the Sites. Google Analytics collects information such as how often users visit a website, what pages they visit when they do so, and what other websites they visited prior to coming to a website. We use the information obtained from Google Analytics only to improve our Sites and our product and service offerings. Google’s ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can opt-out of Google Analytics tracking by visiting https://tools.google.com/dlpage/gaoptout/

Web Beacons. A web beacon is a small graphic image or other web programming code, also known as “1×1 GIF” or “clear GIF.” We may download web beacons to Your Device when you access our Sites or through email messages that we send to you. We use web beacons to count visitors to our Sites, to monitor how users navigate our Sites, to count how many emails that we send are actually opened, and to determine whether the contents of emails that we send is actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with our Sites, such as which links within our Sites that you click on. This code is downloaded onto Your Device when you access our Sites and is deactivated or deleted when you leave our Sites.

Information We Receive From Third Parties. We may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. This includes basic contact information about you, such as your name, company name, title, address, phone number, fax number and email address. It may also include information on the products or services you have shown interest in or may be interested in purchasing from us, as well as information on other companies or individuals with whom you do business. We may also obtain Personal Information about you from third parties in connection with business transactions you initiate with us, such as through credit verification or other processes related to the transaction.

HOW WE USE INFORMATION

Business Use. We use your Personal Information primarily to facilitate our ongoing and proposed business dealings with you (“Business Use”). This includes to: (1) process business transactions with us that you initiate; (2) establish and maintain customer accounts so that we may provide products or services of ours requested by you or your company; (3) register you as a user of these products or services so that you may access them through our Sites or otherwise; (4) communicate with you about updates, maintenance, outages or other technical matters concerning these products or services; (5) provide you with training regarding usage of these products or services; (6) notify you about changes to any of the policies and procedures for use of these products or services; (7) verify the accuracy of account and technical contact information we have on file for you and your company in relation to these products or services; and (8) respond to questions or inquiries that you or your company may have about our products or services. We also may use your Personal Information as required for us to comply with laws and regulations relating to the products or services that we provide in any of the jurisdictions in which we or our affiliated companies operate, including the United States, and we may use Usage Information internally within 1WorldSync to help us improve our products or services, or to develop new products or services.

Marketing Purposes. With your consent or as otherwise permitted by applicable law, we may use your Personal Information for purposes relating to the marketing of our products and services, or those of our business partners (“Marketing Purposes”). This includes to: (1) send you newsletters, press releases, event announcements and other similar communications regarding the products or services that we offer; (2) market or promote our products or services to you, including by offering you trial or limited access to certain of our products or services; (3) solicit input from you regarding improvement of our products or services; (4) inform you of third-party offerings that we think you or your company may be interested in which relate to our products or services; (5) send you announcements or requests on behalf of other customers of ours who believe you would benefit from use of our products or services; and (6) other purposes that we disclose to you at the time we obtain your consent.

Referrals. From time to time, we may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. If we use that information to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you.

Data Integrity. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to its intended use, and that it is used only in ways that are compatible with the purposes for which it was collected or otherwise authorized by you.

WITH WHOM WE MAY SHARE INFORMATION

Within 1WorldSync. 1WorldSync is an integrated global family of companies that transacts business internationally. Accordingly, from time-to-time and subject to the provisions of this Privacy Policy governing “Choice” (see above), we may share your Personal Information and Usage Information within 1WorldSync (i.e., between and among 1WorldSync and its subsidiaries). Such information may be used by each 1WorldSync entity for internal business and operational purposes, as well as for purposes consistent with the purpose for which the information was originally collected or subsequently authorized by you.

Outside of 1WorldSync. We will not share your Personal Information with third parties outside of 1WorldSync for their marketing purposes without your consent as required by applicable law. However, we may share such information with “Data Processors” as described below, and with other third parties for purposes disclosed to you at the time you provided the information, or as subsequently authorized by you. From time to time, we also may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them or other persons. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, please contact us as indicated below under the section “Updating Your Information and Preferences.” We will process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.

Data Processors. We may from time to time employ Data Processors to perform services on our behalf, such as: (1) hosting our Sites; (2) designing and/or operating certain features available through our Sites; (3) sending emails and other communications relating to our products or services; (4) fulfilling and processing orders for our products or services; (5) assisting with promotions and conferences relating to our products or services, or those of our business partners; (6) providing analytic services, such as in relation to the tracking of usage of our Sites; or (7) performing other administrative services for us. We may provide these Data Processors with access to your Personal Information in order for them to complete a requested transaction or otherwise perform services for us or for you on our behalf. Prior to allowing our Data Processors to access your Personal Information, we will enter into a data protection agreement or addendum (“DPA”) with them to ensure that they handle and process the information in accordance with this Privacy Policy and applicable law.

Site Hosting. Our Sites and the servers on which they are hosted are operated in various countries around the world in which we conduct our business. Thus, your Personal Information associated with our Sites may be transferred to and/or processed in a country other than that from which it was collected. The data protection laws in those countries may differ from those of the country in which you are located.

Links to Other Websites and Applications. The Sites may contain various links to, as well as plug-ins or widgets from, social media and other third-party websites or applications, which may provide additional information, goods, services and/or promotions. These third-party websites or applications are owned and operated independently of 1WorldSync, and may have their own separate privacy and data collection practices. We are not responsible for the privacy practices of any third party. Therefore, you should review their privacy policies and practices prior to interacting with their websites or applications, using any of their tools, or sharing any of your Personal Information with them.

Community Forums. Our Sites may offer message boards, chat rooms and other public areas (“Community Forums”) where you can interact with our other customers, post images, data, requests, questions, comments, suggestions or other content, including your Personal Information (“User Submissions”). To participate in Community Forums, you may be asked to select a user name and password, and to agree to the terms of participation for those Community Forums. You should be aware that any User Submissions you post to a Community Forum, as well as your user name, may be viewed by other members of that forum. If you choose to voluntarily post User Submissions to a Community Forum, the protections of this Privacy Policy will not apply to any Personal Information included in those User Submissions. Think carefully before you post and use caution before disclosing any Personal Information in a Community Forum. We are not responsible for the accuracy, use or misuse of any User Submission that you disclose or receive through a Community Forum.

Promotions. We may offer various promotions (“Promotions”) through the Sites or elsewhere that may require registration with your Personal Information. If you choose to enter or otherwise participate in a Promotion, your Personal Information may be disclosed to third parties in connection with administration of the Promotion, such as in connection with winner selection, prize fulfillment and as otherwise required by law. By entering into a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. These rules will be displayed to you during the registration process, and you will be asked for your consent to the respective data processing at that time.

Business Transfers. 1WorldSync or any part of its business, including our Sites, may be sold at some point in the future. Should this occur, your Personal Information may be transferred to a subsequent owner, co-owner or operator of the business unit or Site. We also may disclose and transfer your Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of stock or assets, or other corporate change, including, without limitation, during the course of any due diligence process. In all such cases, this Privacy Policy will continue to govern the use and disclosure of such information.

Legal Protections and Law Enforcement. We may access, use, preserve, transfer and disclose to third parties your Personal Information to: (1) satisfy any applicable law, regulation, subpoena, governmental request, or legal process if in our good faith opinion such is required or permitted by law; (2) protect and/or defend this Privacy Policy or other policies or terms of use applicable to our Sites, including investigations of potential violations thereof; (3) protect the safety, rights, property or security of 1WorldSync or any third party; and/or (4) detect, prevent or otherwise address fraud, security issues or breaches, or technical issues. This may include allowing third parties, such as copyright owners, Internet service providers, wireless service providers and/or law enforcement agencies, to access and use your Usage Information in order to identify you. We may take any of these steps without notice to you to the extent permitted by law.

CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES

On your request, we will grant you reasonable access to your Personal Information that we hold, as well as such other related rights as are provided by applicable law. In addition, we will take reasonable steps to permit you to correct, amend or delete your Personal Information that you demonstrate to be inaccurate or incomplete. However, in accordance with applicable law, we may limit or deny access to your Personal Information where the burden or expense of providing access would be disproportionate to the risks to your privacy, or where the legitimate rights of persons other than you would be violated. We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information.

We may provide web pages or other mechanisms on our Sites through which you can correct or update your Personal Information, or elect to change your preferences regarding our future use or sharing of your Personal Information with third parties for marketing purposes. You can also contact us to update your Personal Information or change your preferences. Our contact information for these purposes is as follows:

In the U.S., by email at customerservice@1worldsync.com, or by phone at 866.280.4013
In Europe, by email at info@1worldsync.com or by phone at +49 221 93373 333
Elsewhere, by email at customerservice@1worldsync.com or by phone at +1 937.610.4223

If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. Please note that we reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of our Sites, or other business matters, and that these communications may be unaffected if you choose to opt-out from marketing communications.

In accordance with our routine record keeping and applicable law, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Also, if you have posted any User Submissions to a Community Forum, these communications cannot generally be removed.

INFORMATION SECURITY

We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. We will make reasonable efforts to keep your Personal Information reliable for its intended use, accurate, current and complete. As necessary, we will take additional precautions regarding the security of Sensitive Personal Information. While we strive to secure your Personal Information, we cannot warrant or guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.

ENFORCEMENT

We will conduct periodic internal compliance audits of our relevant privacy practices to verify adherence to this Privacy Policy. We encourage you to raise any questions or concerns that you may have about the way we process your Personal Information by contacting us at the address set forth below.

We commit to resolve questions and complaints about your privacy and our collection or processing of Personal Information about you. If you believe that we are not complying with the terms of this Privacy Policy or other legal requirements, you should first contact us at the address below, or by email at legal@1worldsync.com. We will investigate and will do our best to internally resolve any complaints and disputes you bring to our attention regarding the use and disclosure of your Personal Information.

CHILDREN

The Sites are intended for business use, and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13), or from children, who do not have the necessary ability to foresee the consequence of their data being processed, as required by applicable law.

EUROPEAN DATA SUBJECTS AND SAFE HARBOR

1WorldSync recognizes that the European Union (“EU”) and Switzerland have implemented “omnibus” data protection regimes established pursuant to the European Data Protection Directive (95/46/EC) and the Swiss Data Protection Act (“European Data Protection Law”). Among other things, European Data Protection Law generally requires “adequate protection” for the transfer of certain personal data from Europe to business operations outside Europe. Accordingly, 1WorldSync, Inc. in the U.S. adheres to the requirements of the U.S.-EU and the U.S.–Swiss Safe Harbor Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information from member countries and Switzerland (the “Safe Harbor”) with respect to Personal Information that it collects in the U.S. from individuals located in the EU or Switzerland who are affiliated with former, current or prospective customers of 1WorldSync, or business associates of such customers (“European Data Subjects”). To learn more about Safe Harbor, and to view 1WorldSync’s certification, please visit http://www.export.gov/safeharbor/.

Any questions regarding requests for access to Personal Information of European Data Subjects held by 1WorldSync, Inc. should be directed to the Safe Harbor Privacy Contact identified below. If any European Data Subject experiences an issue regarding Personal Information that 1WorldSync, Inc. holds about him or her that he or she cannot resolve directly with 1WorldSync, Inc., the individual may contact the local data protection authority for further information.

If you are a European Data Subject with an unresolved complaint or dispute arising under the requirements of the Safe Harbor, we agree to refer your complaint under the Safe Harbor to an independent dispute resolution mechanism. That independent dispute resolution mechanism is the International Centre for Dispute Resolution, operated by the American Arbitration Association. For more information and to file a complaint, you may contact the International Centre for Dispute Resolution at 1633 Broadway, 10th Floor, New York, NY 10019; Telephone: +1 212-484-4181; Fax +1 212-246-7274; or http://www.adr.org/ICDR.

Our adherence to the Safe Harbor may be limited by any applicable legal, governmental, national security, regulatory, ethical or public interest consideration and as expressly permitted or required by any applicable law, rule or regulation. Examples of such limitations include, for example, exceptions to the opt-in requirements for Sensitive Personal Information as permitted by Commission Decision 2000/520/EC of 26 July 2000, exceptions to access as permitted by the Safe Harbor, or other exceptions under applicable EU member state law.
Our Safe Harbor Privacy Contact in the U.S. is as follows:

Scott Bovino
1WorldSync, Inc.
1009 Lenox Drive, Suite 202
Lawrenceville, NJ 08648
Phone: +1 609 620 8080
Email: legal@1worldsync.com

CHANGES TO THE PRIVACY POLICY

We reserve the right to update this Privacy Policy at any time, without prior notice to you, to the extent permitted by applicable law and the principles of the Safe Harbor. We will notify the changes that we make to this Privacy Policy by posting the revised Privacy Policy on the Sites, and such changes will be effective immediately unless otherwise stated.

EXHIBIT A

 Subsidiaries

  • 1WorldSync, Inc. (U.S.)
  • 1WorldSync GmbH (Germany)
  • 1WorldSync Japan LLC
  • 1WorldSync UK Ltd. (subsidiary of 1WorldSync GmbH)