Converseon Safe Harbor Privacy Statement

Converseon, Inc. ("Converseon" or "the Company") is an award-winning, full-service social media agency that helps brands harness the power of social to meet business objectives. Converseon adheres to the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework concerning the transfer of personal data from the European Union ("EU") and Switzerland ("Swiss") to the United States. Accordingly, we follow the seven Safe Harbor Principles published by the U.S. Department of Commerce with respect to all such data. This Privacy Statement describes our privacy practices relating to publicly available content obtained from the Internet through Converseon services or to personal information you might provide to us. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s website at http://export.gov/safeharbor/.

Definitions

"Social Media Content" is user-generated content posted on sources such as internet forums, weblogs, social blogs, microblogs, wikis, social networks, and social bookmarking sites.

"Converseon Services" include a platform and online tools that allow our customers to: (i) monitor, access, and manage Social Media Content relating to their brand, their activities, and their industry; (ii) engage in online conversations with individuals posting Social Media Content on the Internet; and (iii) analyze trends in Social Media Content.

"Personal Information" or "Information" means information that could be (i) transferred from the EU or Switzerland to the United States; (ii) recorded in any form; (iii) is about or pertains to a specific individual; or (iv) can be linked to that individual.

The "Principles" refer to the Safe Harbor Principles published by the U.S Department of Commerce and may be found on the U.S. Department of Commerce’s Website at http://export.gov/safeharbor/.

Collection of Social Media Content

To provide Converseon Services, we collect Social Media Content from a variety of publicly-available sources. In general, anyone can find the Social Media Content that we collect via a standard Internet search engine or by visiting applicable Web sites themselves. We obtain Social Media Content using proprietary crawling technology, via public APIs, or through agreements with Web site operators. When we collect Social Media Content via our web crawling technology, we abide by the applicable Web sites’ robots.txt protocols. We do not circumvent technical controls in place to prevent unauthorized access, such as usernames and passwords or use of CAPTCHA technology. Our Web crawlers are designed to limit crawling to portions of Web sites that are made public by the applicable Web site operator.

Use of Social Media Content

Converseon’s customers are responsible for their use of Social Media Content. We require our customers to use Social Media Content in accordance with our End User Licensing Agreement, the terms of service of the applicable Web site from which the Social Media Content is obtained or derived, and applicable Law.

Metrics

As part of Converseon Services, we display to our customers certain metrics relating to individual Posts and the individuals associated with Social Media Content to the extent such information is publicly available and/or available via API from the relevant Web site operators. Examples of metrics applicable to any particular Post include the number of comments, number of unique commenters, number of Likes and number of followers. These metrics, and others, allow our customers to better analyze Social Media Content.

Analytics

We also provide various tools within Converseon Services that permit our customers to analyze Social Media Content, such as categorizing Social Media Content and displaying it through various graphs and representations as well as supplementing it with other data and insights. In some cases, we use third parties to provide additional analysis of and supplemental data for the Social Media Content. We also provide our customers with the ability to conduct historic analysis on Social Media Content to the extent such data is available to and retained by us.

Private Messages

Converseon’s Services allow customers to engage and communicate with individuals who post Social Media Content in either a public or a private dialogue. Our customers are responsible as the senders of any messages to individuals and shall comply with all applicable laws relating to sending unsolicited email or spam and any terms of service of the Web site from which the individual’s post was obtained. Any private communications between customers and individuals through Converseon Services is stored in Converseon Services as Customer Content as specifically set forth in the End Users Licensing Agreement or Terms of Service.

Collection of Personal Information

Converseon is provided with personal information from employees, consultants, freelancers, vendors, customers and clients in the course of their engagement with the Company. We will use and disclose personal information only in a manner compatible with specified and legitimate purposes related to his/her dealings with the Company including, but not limited to:

  • Recruitment/appointments
  • Payroll and finance
  • Keeping accounts and records of business transactions
  • Monitoring and promotions of equal opportunity
  • Regulatory and professional requirements
  • Prevention and detection of crime
  • Quality control
  • Processing personal data on behalf of a client/customer

Converseon shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to the Company, or as soon as practicable thereafter, and in any event before the Company uses or discloses the information for a purpose other than for which it was originally collected.

Converseon will offer individuals the opportunity to choose (opt out) whether their Personal Information is (i) disclosed to a third party or (ii) to be used for a purpose other than for which it was originally collected or subsequently authorized by the individual.

Disclosure of Personal Information to a Third Party

Prior to disclosing Personal Information to a Third Party, Converseon shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Converseon shall ensure that any third party for which Personal Information may be disclosed subscribes to the Principles or are subject to law providing the same level of privacy protection as required by the Principles and agree in writing to provide an adequate level of privacy protection.

Security/Data Integrity

Converseon uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Social Media Content or Personal Information. The Company has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure Social Media Content and Personal Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Converseon cannot guarantee the security of Social Media Content or Personal Information on or transmitted via the Internet.

Enforcement

Converseon uses an annual self-assessment approach to ensure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in compliance with the EU/Swiss—US Safe Harbor Framework, and when necessary, the Company will update the Safe Harbor Privacy Statement. We encourage interested persons to raise any concerns using the contact information provided and we will attempt to resolve any complaints and disputes regarding use and disclosure of Social Media Content or Personal Information in accordance with the Principles.

How to Access Social Media Content or Information By or About You

You may have the legal right, upon written request, to access Social Media Content or Personal Information held by us (subject to limited lawful exceptions), and, as the case may be, to request that such information be corrected or deleted, for example, if it is inaccurate or incomplete. If so, to the extent known, we will inform you of the Social Media Content or Personal Information we store about you (subject to others’ privacy interests or legal rights), how it is being used and any other information required under applicable law. Our obligations to correct and delete are only in relation to Social Media Content or Personal Information in our possession and not in relation to any Social Media Content or Personal Information held by our customers or a third party. Further, to the extent any Social Media Content continues to exist on the Internet, we will continue to access and use such Social Media Content despite any request for correction or deletion.

In compliance with the US-EU/Swiss Safe Harbor Principles, Converseon commits to resolving complaints about your privacy and our collection or use of your personal information. To make a request, please send a letter, email, or fax addressed to the Converseon Privacy Office at the address indicated below. For all such requests, please include the following information: name, contact information, and the nature of the request (such as view information and/or delete information). We may require that you provide additional information to assist us in finding your Social Media Content or Personal Information or to verify your identify.

If you are a Web site operator and would like to request us to cease crawling the public portions of you Web site, you may also contact us using the information below.

Converseon Privacy Office

E-mail address: privacy@converseon.com
Phone: 212-213-4297, ext 255
Fax: 646-304-2364
Mail: Converseon Privacy, 53 W. 36th Street, 8th Fl, New York, NY 10018, USA
Date Last Updated: October 1, 2012

Converseon has further committed to refer unresolved privacy complaints under the US-EU/Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Converseon, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information or to file a complaint.

Changes to the Privacy Policy

This Policy may be revised periodically without further notice to you and this will be reflected by a "last updated" date above. Please revisit this page to stay aware of any changes. In general, we only use your Data in the manner described in the Policy in effect when we received that Data. Your continued use the Site constitutes your agreement to this Policy and any future revisions.