Legal

Effective as of May 13, 2024
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This Candidate Privacy Notice (“Notice”) applies to personal information Conviva Inc., including any of its affiliates (collectively “Conviva,” “we” or “us”), collects about its job applicants and how it handles such information during the application process.

For the purposes of this Notice, “Personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a job applicant. This may include your name, email address, location, job title and company or employer, your user ID and password when you apply, IP address, and other information described in this Notice. The country in which the position is located will determine the types of personal information we receive. Should you apply to more than one location, or should the role be available in more than one country, the personal data processed are determined by each of those countries where the position is located.

Personal information does not include anonymized, de-identified, or aggregated information which does not personally identify you.

You are being provided this Notice because you are applying for work with us (whether as an employee, worker, or contractor). When you sign-up for job alerts or apply to a job posting directly with Conviva, the personal information contained in your application will be collected by Conviva’s third party provider(s) and shared with us.

This Notice does not apply to data about our employees, contractors, clients, or other personal information that Conviva collects for other purposes. Please review our Privacy Policy to learn how information provided through our website and/or services is processed.

Please note that you may have different or additional rights in respect of your personal information depending upon your location. Please contact privacy@conviva.com for more information.

Who is responsible for the personal information that we collect?

The relevant controller for the purposes of UK and EU data protection laws (where they apply) in respect of your personal information that is collected and used in connection with the recruitment process is, usually, the company within Conviva to which you have applied as your potential employer. It is the controller of your personal data that decides how and why your personal information is held and used. Conviva’s group functions (such as IT, HR, Recruitment and Finance) are primarily located in the United States, which means that personal information relating to all Conviva applicants will also be transferred to and accessed and handled in the United States by Conviva Inc., as required. You can find further information on international data transfers later in this Notice.

Types of Information Collected

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you. We do not collect all of this information about all candidates, as needs vary by candidate (including depending on their prospective role and the stage of their candidacy), and local recruiting practices and legal requirements vary. Some of this personal data is collected only after an offer is extended.

• • Identifiers: your name, address, email address, telephone numbers, date of birth, social media profiles/handles, and other contact details including more sensitive data such as your social security number, passport number, driver’s license, or state ID card number.
  • Internet, electronic network, device activity, and device information and related identifiers such as your IP address if you apply for a job through our website.
  • Professional or employment-related information.
  • Recruitment, employment, or engagement information such as application forms and information included in a resume, cover letter, or otherwise provided through the application and recruitment process; information you provide which is required to initiate your employment, such as proof of eligibility to work in a specified country (such as a passport or visa), citizenship or immigration status; references; our evaluations of your performance during the interview process; and if provided an offer, background screening results (including any criminal convictions).
  • Career information such as job titles, work history, work dates and work locations, and information about skills, qualifications, and experience.
  • Education information: institutions attended, degrees, academic record, certifications, licenses, transcript information, and professional memberships.
  • Business travel and expense information: travel itinerary information and expenses incurred for travel during the interview process.
  • Audio or visual information such as CCTV footage, as well as other information relating to the security of our premises collected during in-person interviews or other parts of the recruitment process; and video or audio recordings of the interview process.
  • Potentially protected classification information to the extent required or as permitted by relevant local law and voluntarily provided such as race, sex, gender identity/expression, nationality, ethnicity, citizenship, accommodation information, and other information to help us monitor compliance with equal opportunity legislation.
  • Other information that you may voluntarily choose to include on your resume or in connection with your application or otherwise.

Sensitive Information: We may also collect, store and use the following types information that may be considered “sensitive personal information” or “special categories of data” under applicable privacy laws:

• • Social Security number or passport information for legal compliance and immigration purposes.
  • Health information, which may include disability status, to provide reasonable accommodations during recruitment process.
  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions, if you have provided such information voluntarily through your CV/resume, interview process and/or LinkedIn profile, to ensure meaningful equal opportunity monitoring and reporting.
  • Information about criminal convictions and offenses for background check purposes.

How is your personal information collected?

We collect personal information about candidates from the following sources:

• • You, the candidate.
  • Information provided to our third-party applicant tracking provider.
  • Information available from your LinkedIn profile (subject to you explicitly consenting to linking your LinkedIn profile).
  • Our external recruitment agencies from which we collect the following categories of data: recruitment information.
  • Our background check provider, from which we collect the following categories of data: criminal record information and education and employment verification.
  • Your named references, from whom we collect the following categories of data: confirming employment and dates of employment.

Purpose and Basis for Processing

We will use the personal information we collect about you for the following business purposes – for each of these purposes, we have set out the lawful basis on which we use your personal information in order to comply with data privacy laws in the UK and EEA:

We may also use personal information for any other legally permitted purpose (subject to your consent, where legally required).

We will normally only collect and process your information where:

• • we need to comply with legal obligations applicable to us (such as applicable immigration and/or employment laws and regulations);
  • we need the information to fulfill our responsibilities in any actual or prospective agreement with you (such as an employment agreement or an offer of employment, if you are considered for employment);
  • the processing is necessary for our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (such as to ensure a safe working environment for all our staff, and to ensure the reliability of our candidates, and otherwise to administer and process your application, or to communicate with you about your application); or
  • we have your consent to do so.

Where we collect and process special categories of data (for example, race, health), then we will only process such information:

• • where we reasonably need to do so in order to comply with our legal obligations as a prospective employer;
  • where we need to do so in order to assess your working capacity and whether we need to provide appropriate adjustments to the recruitment process (for example, whether adjustments need to be made during a test or interview);
  • where it is needed in the public interest, such as, in some circumstances, for meaningful equal opportunities monitoring and reporting;
  • where we need to do so to protect your or another person’s vital interests (and we are unable to obtain your consent); or
  • where you have given us your consent.

California only

Certain information we collect may also be considered “Sensitive Personal Information” under the California Consumer Privacy Act (“CCPA”). We collect and process such information only for our legitimate business purposes and do not process such information for purposes for which the “right to limit” applies under the CCPA.

California law also places certain obligations on businesses that “sell” personal information to third parties or “share” personal information with third parties for “cross-context behavioral advertising” as those terms are defined under the CCPA.  We do not “sell” or “share” the personal information covered by this Notice and have not done so in the twelve months prior to the effective date of this Notice.

What happens if you do not provide personal information?

If you fail to provide information which is necessary for us to consider your application (such as evidence of qualifications or work history) when requested, we will not be able to process your application successfully. For example, if we require a background check or references for the role you apply for and you fail to provide us with relevant details, we will not be able to take your application further.

Background Checks

Unless prohibited under applicable law, we conduct background checks of all our potential Conviva employees if an offer is extended and such checks include searches of prior criminal convictions. If requested, you will be provided with a copy of the conducted search results.

As part of the recruitment process, we may engage a third party provider to carry out background checks on our behalf relating to criminal convictions (in the UK, these are referred to as ‘DBS checks’); education history; prior employment history and global sanctions and enforcement. We and our third party provider rely upon your explicit consent as the appropriate ground and condition for processing of such data.

We only use information relating to criminal convictions in accordance with applicable law and for the purpose for which you have consented. This will usually be where such processing is necessary in the course of our legitimate business interests to carry out our obligations, where it is necessary in relation to legal claims, to protect your interests (or someone else’s interests) or where you have made the information public and provided we put appropriate safeguards in place and in line with our data protection and information handling policy.

How We Disclose Personal Information

We may disclose certain personal information to the following types of entities or in the following circumstances (where applicable):

• • Internally: to employees within Conviva that participate in the recruitment process, such as HR managers and employee interviewers.
  • Vendors: such as background check companies, security providers, information technology providers, travel management companies, and employment businesses (e.g., recruiting contractors or agency workers) that provide us with services relevant to recruiting and hiring.
  • Recruiters: to the extent you are working with a recruiter in connection with your application for employment and your recruiter is authorized by you to obtain feedback from us regarding your application and interview process.
  • Legal compliance and exercising legal rights: (i) when required to do so by law, regulation, or court order, (ii) in response to a request for assistance by the police or other law enforcement agency, (iii) to seek legal advice from our external lawyers or in connection with litigation with you or a third party, or (iv) as otherwise necessary to exercising our legal rights or to protect the Conviva or its employees.
  • Business transaction purposes: in connection with the sale, purchase, or merger of all or a portion of Conviva.
  • Consent: with your consent and as permitted by law, we may disclose personal information to any other parties in any other circumstances.

Any third parties with whom we share your personal information are limited (by applicable law and by contract) in their ability to use your personal information and the purposes for which they use it. In respect of third party service providers who are processing data on our behalf, we only permit them to process personal data for specified purposes and in accordance with our instructions.

Data Transfer Abroad

Please note that this section only applies if you are located in, or potentially applying for, roles in the UK or the EEA.

Personal information may be processed outside the UK and the EEA by staff operating outside of the UK and the EEA working for us, or other members of our group or third party data processors located outside of the UK and the EEA, for the purposes mentioned in this Notice. Please be aware that countries which are outside the UK and the EEA may not offer the same level of protection for personal information as in the UK and the EEA, although our collection, storage and use of your personal information will continue to be governed by this Notice. By providing us with your personal information you acknowledge any such transfer, storage and use.

If we provide any personal information about you to any such non-UK and non-EEA members of our group (including Conviva Inc.) or third party data processors, we will take appropriate measures to ensure members of our group and our service providers protect your personal information adequately in accordance with this Notice.  These measures include:

1. • entering into UK Government and/or European Commission approved (as applicable) standard contractual arrangements with them; or
   • ensuring that the country in which your personal information will be processed has been deemed “adequate” by the relevant UK authorities and/or by the European Commission (as applicable).

Further details on the steps we take to protect your personal information in these cases is available from us on request by contacting us by email at privacy@conviva.com at any time.

Data Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors, and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Automated Decision-Making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention, and that decision produces a legal or similarly significant effect on you (for example, this would be the case if we decided whether to offer you a job solely based on automated processing of your personal information). We do not engage in that type of automated decision-making and we will notify you in writing if this position changes.

Data Retention

The personal information we collect from job candidates will be retained until we determine it is no longer necessary to satisfy the purposes for which it was collected and will be securely destroyed after that time (in accordance with applicable laws and regulations) except where we need to keep any personal information to comply with our legal obligations, resolve disputes, or pursue or defend any claims.

As described above, these purposes include our business operations and complying with reporting, legal and accounting obligations.  In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes in other ways, limitation periods for the bringing of claims where the data may be evidentially relevant and the applicable legal requirements, and our legitimate interests.

Where personal information is kept beyond the time that we normally would need to keep it, that period will be determined based on the applicable local law.  Because we may collect and use the same category of personal information for different purposes and in different contexts, and because rules differ by jurisdiction, there is not typically a fixed retention period that always will apply to a particular category of personal information.

To provide security and business continuity for the activities described in this Notice, we make backups of certain data, which we may retain for longer than the original data.

Your Data Rights

To the extent provided for by relevant local law and subject to applicable exceptions, you may have the following rights in relation to the personal information we collect:

• • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
  • Provide us with instructions regarding management of your personal information after your death.
  • Withdraw your consent to our collection and processing of your information at any time.
  • Lodge a complaint at any time to the data protection supervisory authority in the location where you are based, for example in the UK, the Information Commissioner’s Office (ICO), and in Spain, the Spanish Data Protection Agency.

You also have the right not to be discriminated against (as provided for in California law) for exercising your rights.

If you wish to exercise any of these rights, please contact privacy@conviva.com, submit a form, or contact us at 1-888-203-0378. We may request proof of identification to verify your request.

If you are an agent making a request on behalf of a candidate, we reserve the right to take steps to verify that you are authorized to make that request, which may include requiring you to provide us with written proof such as a notarized authentication letter or a legally sufficient power of attorney signed by the data subject pursuant to California Probate Code sections 4121 to 4130, or other written authorization acceptable to us.  We also may require the candidate to verify their identity directly with us where permitted.  We are not responsible for the security risks of this or any other arrangements that a candidate may have with an agent.  For clarity, this is not permission for any applicant to disclose their login credentials to an agent or any third party. Such disclosure is prohibited and is not required for an agent to make requests under this Notice.

For security and legal reasons, however, Conviva reserves the right not to accept requests that require us to access third-party websites or services.

Further Information

This Notice does not form part of any contract of employment or other contract to provide services. We may update this Notice at any time.

If you require clarification regarding this Notice, or need to access it in an alternative format, please contact privacy@conviva.com.

Effective as of February 15, 2022

Conviva uses cookies on its Conviva.com website (the “Site”). By using the Site, you consent to the use of necessary cookies and any other cookies you accepted and/or enabled using Conviva’s Cookie Consent Tool (as further detailed below). This Cookie Policy is part of our Privacy Policy and explains:

• What cookies are
• What cookies are used when you use the Site
• How to control and delete cookies used on the Site
• Treatment of previously accepted cookies
• Other tracking technologies used on the Site
• Who to contact if you have questions

What is a cookie?

A cookie is a small text file containing a unique identification number that is placed on the hard disk of your computer by a Web page server, enabling the Web server to identify your Web browser and passively track its activities on that website. Cookies do not contain any executable code and cannot be used for infecting your computer with a virus.

What cookies are used when you use the Site?

How to Control and Delete Cookies on the Site

Cookie Consent Tool
Conviva’s Cookie Consent Tool (“Consent Tool”) allows you to customize your third-party cookie preferences. If you click “Accept,” you will have consented to the use of all cookies that we deploy on the Site. Alternatively, you can click on “Cookie Settings” to disable and/or enable certain third-party cookies. Necessary cookies cannot be disabled through the Consent Tool. Our Consent Tool will record your selected preferences and will request your consent again every twelve (12) months to ensure you stay up-to-date with the changes to our cookie and privacy policies. If you want to change your cookie settings prior to the annual re-consent, then you will need to update your preferences through your browser(s).  You can delete the applicable cookies from your browser and the Consent Tool will reappear the next time you visit the Site. The Consent Tool does not correspond to your chosen settings if you click on third-party websites that link out from within the Site.

Using your Browser
Most web browsers allow you to configure your browser settings to accept and reject cookies based upon your visits to a particular website. You can change your settings in the preferences or options menus of your browser. Depending on the specific cookie, cookies will stay on your browser for the specific durations noted above unless you change your browser settings and/or clear your cookies. Below are links to the help files of common browsers to assist you in learning more about how these browsers handle cookies and what you can do to disable them. If you don’t see your browser below, please see that browser’s help information on the web to find the relevant information.

Effective Date: January 18, 2023

PLEASE READ THESE WEBSITE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE VIEWING AND/OR USING THE SERVICES OFFERED BY CONVIVA INC. (TOGETHER WITH ITS AFFILIATES, “COMPANY”). THIS AGREEMENT CONTAINS THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS CONVIVA.COM WEBSITES OWNED AND OPERATED BY COMPANY (COLLECTIVELY, THE “SITES”) AND ANY OTHER FEATURES OR CONTENT OFFERED FROM TIME TO TIME BY COMPANY IN CONNECTION WITH THE SITES (COLLECTIVELY, “WEBSITE SERVICE”). THESE TERMS OF USE DO NOT APPLY TO YOUR USE OF THE WEBSITE PULSE.CONVIVA.COM, WHICH IS SUBJECT TO DIFFERENT TERMS OF USE AVAILABLE HERE. BY VIEWING AND/OR USING THE SITES OR WEBSITE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR WEBSITE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR WEBSITE SERVICES ON THE SITES.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST COMPANY TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Acceptance of Terms.

The Website Service is offered subject to acceptance without modification of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. The Website Service is only intended for individuals who are at least 16 years old. You represent and warranty that if you are an individual, you are at least 16 years old, you are of legal age to agree to these Terms of Use, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Website Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website Service is revoked in such jurisdictions.

Modification of Terms of Use.

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Website Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Website Service or changes made for legal reasons will be effective immediately. Company may also impose limits on certain features and services or restrict your access to parts or all of the Website Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

Please review the Company’s Privacy Policy, which also governs your visit and use of the Sites and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@conviva.com.

Rules and Conduct.

As a condition of use, you promise not to use the Website Service for any purpose that is prohibited by the Terms of Use. The Website Service (including, without limitation, any Content (as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Website Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website Service, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
• impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website Service or any activities conducted on the Website Service; (iii) bypass any measures Company may use to prevent or restrict access to the Website Service (or other accounts, computer systems or networks connected to the Website Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Website Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites. If you are blocked by Company from accessing the Website Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company reserves the right to remove any Content from the Sites or Website Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.

Request for Information.

If you want to learn more information about Conviva’s products and services, or career opportunities at Conviva, you may be asked to provide certain information through our Website Service. In so doing, you shall provide Company with accurate, complete, and updated information. Failure to do so shall constitute a breach of the Terms of Use, which may result in Company not providing you with the Website Service. Any information you provide shall be treated in accordance with the Company’s Privacy Policy.

Third Party Sites.

The Website Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Company and Site Content.

You agree that the Website Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Website Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.

User Content Transmitted Through the Website Service.

With respect to the Content you upload through the Website Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant Company and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Website Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Termination.

Company may terminate your access to all or any part of the Website Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Sites; what Content you access via the Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Sites, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

THE WEBSITE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Website Service.

Indemnification.

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your User Content (including any related infringement, misappropriation or violation of intellectual property or other right of any person or entity, or any violation of any law or regulation, or any inaccuracy thereof); (ii) your use or misuse of, or access to, the Sites, Website Service or Content; (iii) your violation of the Terms of Use, or (iv) any other infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

General Content Disclaimer.

The Content provided by or through the Website Service is for informational purposes only, and should not be relied upon. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Website Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Website Service.

Limitation of Liability.

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE WEBSITE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

International/Non-California Use.

Company makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Website Service is prohibited from territories where such Content is illegal. If you access the Website Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Proceedings.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Website Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America.

Subject to the Arbitration Agreement below, for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Website Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Website Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

c. Pre-Arbitration Dispute Resolution

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@conviva.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to 989 East Hillsdale Boulevard, Suite 400, Foster City, CA 94404, Attn: Legal Department (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules. The prevailing party in the arbitration will be entitled to recover the Arbitration Fees it has paid or owes and its reasonable costs and attorneys’ fees.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Use to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Integration and Severability.

Unless otherwise stated on the Site, the Terms of Use are the entire agreement between you and Company with respect to the Website Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use and all Content provided by Company are copyright © 2008-2023 Conviva Inc. All rights reserved.

Conviva, the Conviva Logo, LivePass, Conviva Experience Live, Experience Excellence, #ExperienceExcellence, and The Pulse of Online Video are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

Contact.

You may contact Company at the following address:

Conviva Inc.
Legal Department
989 East Hillsdale Boulevard Suite 400
Foster City, CA 94404
(650) 401-8282
legal@conviva.com

Conviva’s business is to empower our customers to understand, improve, and act on the performance of their over-the-top video services. In providing our services, we collect and process a variety of data which may include personally identifiable information or personal data.  We are committed to keeping all data secure and to comply with all laws that apply to our business, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). We provide a secure, privacy-compliant SaaS offering that is vital to our success and the success of our customers.

As part of our commitment to be transparent about our privacy practices and comply with applicable laws, we have posted our Privacy Policy, found here: www.conviva.com/legal.

In addition:

• We commit to follow appropriate security practices, standards, processes and precautions in accordance with GDPR. Conviva is also ISO/IEC 27001:2013 certified. Further details regarding Conviva’s security practices can be viewed here.
• We put in place an appropriate data transfer mechanism as required by GDPR when the transfer of personal data outside of the European Economic Area (“EEA”) and/or the United Kingdom (“UK”) is necessary. This includes entering into the appropriate standard contractual clauses.
• We retain personal data only for as long as necessary to provide the services our customers request, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.
• We assist with notifying regulators of breaches and promptly communicates any breaches to impacted customers.
• We ensure that employees and contractors authorized to process personal data have agreed to keep personal data confidential.
• We hold any sub-processors that handle personal data, including our data center partners and other vendors, to the same data management, security, and privacy practices and standards to which we hold ourselves.
• Where appropriate, we offer contractual language documenting our commitments to our customers to support their GDPR and CCPA obligations.
• We assist our customers so they can respond to data subject requests, such as for access to and/or deletion of personal data, in accordance with applicable laws.

Ways to Access, Control and Delete Personal Data

We respect our customers’ rights to request access to, and control and deletion of, personal data as required by applicable law. Customers may request access to, or that we delete and stop collecting, personal data by submitting a Support Form found in the help drop-down menu of our Insights web portal. The deletion, and/or cessation of the collection, of personal data may impact the capabilities of certain of our services.  Any questions or requests for assistance with the above should be directed to our customer support team at support@conviva.com.

If you have a question and/or request related to personal data that is collected on our www.conviva.com webpage, you can submit a form here.  If you have questions or requests related to your rights under the CCPA, please visit here.

How Long We Keep Personal Data

Conviva retains personal data, such as account login information, collected from our customers in connection with their use of our services and disables customer accounts within one month after account closure unless earlier closed due to our need to comply with our legal obligations, resolve disputes, or enforce our agreements. Personal data (such as IP addresses) is collected from our customers’ end users and generally retained for up to thirteen months after collection, unless otherwise directed by our customers. More information about our Data Access and Retention Policy can be found in the help drop-down menu of our Insights web portal.

Data privacy and security are top priorities for Conviva, and we continue to invest in these essential elements of our business for the protection of our company and our customers.

Effective as of November 15, 2017

Conviva Inc. (“Conviva”) responds to copyright notifications submitted pursuant to the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, Conviva has designated an agent to receive notifications of alleged copyright infringement occurring in the www.conviva.com domain.

If you believe that work belonging to you has been copied onto the Conviva website or Developer Community without your permission, you can report alleged copyright infringement by contacting our designated agent via email or postal mail. Submit copyright infringement notification to:

Conviva Inc.
Attn: DMCA Copyright Agent
989 E. Hillsdale Blvd., Suite 400
Foster City, CA 94404

    or

Email: dmca@conviva.com

Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement. The DMCA requires all infringement claims to be in writing and include the following information:

1. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
3. Identification of the infringing material and information reasonably sufficient to permit Twitter to locate the material on our website or services;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Conviva Virtual Patent Marking Notice

The following products are protected by patents in the U.S. and elsewhere for Conviva Inc. This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and provide notice under 35 U.S.C. §287(a). The following list of products and patents may not be all inclusive. For example, some products listed here may be covered by patents in the United States and elsewhere that are not listed, and other products not listed here may be protected by one or more patents in the United States and elsewhere. The following list of products may be covered by one or more of the following U.S. Patents: