- Attentive's Processing of Personal Information on Behalf of Clients
- Personal Information We Collect
- How We Use Personal Information
- Cookies and Similar Technologies
- Online Analytics and Interest-Based Advertising
- How We Disclose Personal Information
- Protection of Personal Information
- Retention of Personal Information
- Third-Party Links and Features
- Children’s Privacy
- Privacy Rights and Choices
- Data Privacy Framework
- Contact Us
Attentive’s Processing of Personal Information on Behalf of Clients
Client Consumers who wish to exercise any privacy rights in connection with their Personal Information that has been submitted to us by a Client should inquire with the Client directly. Because we only process Client Consumers’ data upon instruction from that Client, Client Consumers who make a request directly to us should provide to us the name of the Client who submitted their Personal Information to us. If we are able to verify the Client, we will refer the request to that Client and support them as needed in responding to the request within a reasonable timeframe.
Personal Information We Collect
Personal Information We Collect from Clients’ Representatives and other Website Visitors.
We collect the following categories of Personal Information for our own business purposes, as set out below:
- Identifiers, including your first and last name, email address, and phone number;
- Preferences for receiving communications about our services and publications, and details about how you engage with our marketing communications;
- Information you provide when you interact with content on our Website;
- Information you provide in connection with requests to contact us or requests for customer service; and
- Information you provide in connection with your participation in a contest, sweepstakes, research study, or email survey.
Personal Information about Client Consumers that Clients Provide to Us. Clients may provide us with information about Client Consumers through the Service or offline for inclusion in the Service. Such information may include Client Consumers’ name, email address, and telephone number. Our Clients are responsible for providing notice and obtaining appropriate consents necessary for us to process this Personal Information.
Personal Information We Automatically Collect. Like most online services, we may automatically receive and store certain Personal Information about individuals who interact with our Service through their browser or device. As discussed further below, we and our service providers may use a variety of technologies, including cookies, to assist in collecting this information.
- Device Information. We collect technical information associated with the device(s) you use to access our Service, including information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, and other information such as your device type.
- Usage Information. We collect a variety of information to better understand how individuals use our Service. This may include the webpage that you were visiting before accessing our Service, the pages or features of our Service you use, how much time you spend there, date and time of use, and information about your usage preferences.
- Transaction Information. We also collect information to help us verify transactions completed using our Service. This may include the names and email addresses of parties to a transaction, subject line, history of actions that individuals take on a transaction (e.g., reviewing and approving transactions, providing payment method details), and authentication methods.
Personal Information We Collect from Social Media and Other Content Platforms. When individuals “like” or “follow” us on Facebook, Instagram, X, LinkedIn, or other social media sites, we may collect some Personal Information including your name, e-mail address, and any comments or content you post that is relevant to us. We also collect your Personal Information if you sign up for one of our promotions or submit information to us through social media sites.
Personal Information We Collect from Others. We may also receive Personal Information from service providers, advertisers, business partners, data companies and other third parties. We may combine this information with other information we receive through the Service.
How We Use Personal Information
We use Personal Information for the following business and operational purposes:
- Account Administration. To enter into or perform a contract with our Clients and Website visitors, we use Personal Information for account administration, information verification, payment collection and invoicing and accounting.
- Service Provision. To perform our contract with our Clients and Website visitors, we use Personal Information to provide, manage, support, and improve our Service.
- Communications and Customer Support. To perform our contract with Clients and Website visitors, or where it is in our legitimate business interests, we use Personal Information to respond to requests or other communications we receive by email, phone or otherwise, and to provide more effective and efficient customer service.
- Fraud Protection and Security. It is in our legitimate business interests to use Personal Information to conduct internal business operations to keep our Service safe and secure, such as auditing, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity and resolving crashes.
- Analytics and Aggregation. It is in our legitimate business interests to monitor use of the Service, analyze trends, and carry out research and development. We may aggregate or anonymize Personal Information in a form that does not allow individuals to be personally identified and use the resulting information for statistical analysis regarding use of the Service, such as to better understand our customer base, or for other purposes.
- Marketing. It is in our legitimate business interests to contact Clients and Website visitors regarding Attentive and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to them (in accordance with any privacy preferences they have expressed to us). Where legally required, we will only send marketing communications with prior consent.
- Personalization. It is in our legitimate business interests to use Personal Information to customize content, preferences, and advertising on the Service and across the Internet.
- Compliance and Legal Reasons. We may use Personal Information to enforce and comply with our terms and policies, to comply with our legal obligations such as applicable laws, regulations, and other legal processes and procedures, or where it is in our legitimate interests to establish, exercise or defend our legal rights.
Cookies and Similar Technologies
To collect the information in the “Personal Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies to offer a more personalized experience by understanding and remembering Website visitors’ particular browsing preferences.
- A web server log is a file where website activity is stored.
- A cookie is a small text file that is placed on your computer or mobile device when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Service you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
- Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or emails that are designed to: (i) collect usage information like ad impressions or clicks and email open rates; (ii) measure popularity of the Service and associated advertising; and (iii) access user cookies.
As we adopt additional technologies, we may also gather information through other methods and technologies.
Please note that you can change your settings to notify you when certain cookies are being set or updated, or to block certain cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Service and that Attentive does not control the choices that are available through above third-party offerings.
For more information on the cookies we use and the purposes for which we use them, please refer to our Cookies Notice.
Online Analytics and Interest-Based Advertising
Analytics. We may use third-party analytics services (such as Google Analytics) on our Service to collect and analyze usage information through cookies and similar technologies; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to Website visitors. To prevent Google Analytics from using Personal Information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Interest-Based Advertising. When you visit our Website, Attentive may use the information collected from you in order to display advertising to you on other websites, such as Facebook or Google, about products, services, and related features that we think may be of interest to you to improve and personalize your use of the Service. This type of advertising is called retargeting. These ads may be personalized based on various factors such as the features you are using, demographic and geographic data, and other information that we collect about you. This advertising may be based on your current activity or your activity over time and may be tailored to your interests.
In order to provide this interest-based advertising, we may use third-party service providers who, on our behalf, may place cookies or other tracking technologies, such as cookies and SDKs on your computer browser, mobile phone applications, or other devices to collect information about your use of the Service in order to provide interest-based advertising to you both on the Website and on other websites.
If you are interested in more information about interest-based advertising and how you can generally control cookies and other tracking technologies from being put on your device to deliver such advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s (DAA’s) Consumer Opt-Out link, or TrustArc’s Advertising Choices Page. To opt out of the display of interest-based advertising from Google, please visit the Google Ads Settings page. Facebook also offers settings that may control what information Facebook uses about you or your device activity for advertising purposes. For more information, you will need to log in to Facebook via the Sign In link and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app).
Please note that to the extent advertising technology is integrated into the Website, Website visitors may still receive advertising even if you opt-out as described above. In that case, the advertising will just not be based on your interests.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals. Learn more about Do Not Track.
How We Disclose Personal Information
We may disclose Personal Information to the following parties:
- Service Providers. We may disclose Personal Information to vendors who provide services to us, such as analytics, payments processing, web site management, information technology, security and other similar services.
- Advertising Partners. We may disclose Personal Information pertaining to Clients and Website visitors to third-party advertising companies, including for the interest-based advertising purposes described above.
- Our Clients. We may disclose Client Consumers’ Personal Information to the Client with which that Client Consumer engages.
- Prospective Purchasers, Assignees and other Parties Involved in Corporate Transactions. We reserve the right to transfer Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, diligence, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
- Other Third Parties as Authorized by You. We may also disclose Personal Information when you have authorized us to do so or at your direction.
From time to time, we may share aggregate or de-identified information about use of the Service and individuals. We may disclose such aggregate or de-identified information to any third party, including advertisers, promotional partners, and sponsors.
Protection of Personal Information
We maintain reasonable physical, technical, administrative, and organizational security measures that are designed to protect Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. These measures are commensurate with the sensitivity of the information that we maintain. While we strive to protect Personal Information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information we maintain.
Retention of Personal Information
We retain Personal Information for as long as necessary to provide our Service or as needed to comply with applicable legal obligations. We will also retain and use Personal Information as necessary to resolve disputes, protect Attentive and our users, and enforce our agreements.
Third-Party Links and Features
The Service is intended for general audiences and not for children under the age of 18. If we become aware that we have collected Personal Information from children under the age of 18 without legally valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Privacy Rights and Choices
We respect your right to make choices about the ways we collect, use, and disclose your Personal Information.
Legal Rights. Depending on the laws of their local jurisdiction, Clients’ representatives and Website visitors may have certain rights and choices with respect to their Personal Information. Client Consumers who wish to exercise any rights in connection with their Personal Information that has been submitted to us by a Client should inquire with the Client directly.
Clients’ representatives and Website visitors may be able to ask us to:
- provide access to and/or a copy of certain Personal Information we hold about you;
- prevent the processing of your Personal Information for direct-marketing purposes (including any direct marketing processing based on profiling);
- update or rectify Personal Information which is out of date or incorrect;
- delete certain Personal Information which we are holding about you;
- oppose, cancel, or restrict the way that we process and disclose certain of your Personal Information;
- transfer your Personal Information to a third-party provider of services;
- revoke your consent for the processing of your Personal Information; or
- opt out of sharing your Personal Information for interest-based advertising. You can limit online tracking as described in the “Online Analytics and Interest-Based Marketing” section or by clicking the “Cookie Notice” link on the footer of our website. We do not sell Personal Information.
We will consider all requests and provide our response within the time period required by applicable law. Please note that certain Personal Information may be exempt from such requests in some circumstances, which may include if we need to keep processing your Personal Information for our legitimate interests, to comply with a legal obligation, or if you are a resident of a country or state that does not provide the rights you have requested.
We may request that you provide us with information necessary to verify your identity before responding to your request as required or permitted by applicable law. Depending on your jurisdiction, you may be entitled to empower an “authorized agent” to submit requests on their behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws.
If you consider that we have processed Personal Information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with a competent data protection authority. If you choose to exercise any of these rights, you will not be discriminated against or receive discriminatory treatment.
Marketing Communications. Client representatives and Website visitors may instruct us not to contact them by email, postal mail, or phone regarding products, services, and promotions that might appeal to their interests by following the unsubscribe instructions provided in the promotional email or by contacting us directly at the email address listed below. Individuals who opt out may continue to receive services-related and other non-marketing emails.
Client Consumers who would like to opt-out of receiving emails or text messages from our Clients using our Service need to exercise their rights with our Clients by, for example, unsubscribing from Client emails or by responding to Client text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. If you opt-out of receiving emails or text messages from one of our Clients, you may continue to receive emails or text messages from any other Clients’ email or text message programs you have joined until you separately unsubscribe from those programs.
Data Privacy Framework
Attentive complies with the EU-U.S. Data Privacy Framework, the UK Extension of the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce and the European Commission regarding the collection, use, and retention of Personal Information transferred from the European Union, United Kingdom, and Switzerland to Attentive in the United States.
Attentive may be liable under the Principles if its agents process Personal Information on behalf of Attentive in a manner inconsistent with the Principles.
In compliance with the Principles, Attentive commits to resolve complaints about our processing of your Personal Information. EU, UK and Swiss users with inquiries or complaints regarding this Data Privacy Framework policy should first contact Attentive at: firstname.lastname@example.org.
We have further committed to refer unresolved Data Privacy Framework complaints to an alternative dispute resolution provider. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider, JAMS (free of charge) at https://www.jamsadr.com/dpf-dispute-resolution.
If your complaint is not resolved through these channels, under certain conditions a binding arbitration option may be available before a Data Privacy Framework Panel. For additional information, please visit: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.
Attentive may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
The Federal Trade Commission has jurisdiction over Attentive’s compliance with the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework.
Attentive Mobile, Inc. is the responsible entity (or controller, under applicable law) for Personal Information pertaining to Clients and Website visitors.
For users in the EEA, we have appointed European Data Protection Office (EDPO), at Avenue Huart Hamoir 71, 1030 Brussels, Belgium, as our EU data representative. You can contact our EU representative at the address above or alternatively by using EDPO’s online request form: https://edpo.com/gdpr-data-request/.
Last Updated: January 29, 2024