Privacy Policy

Last updated: March 2021

Welcome to Peer5 Inc. ("Peer5", “we” or "us"). Peer5 is committed to protecting your privacy. This Privacy Policy ("Privacy Policy") is an integral part of our Terms and Conditions, which can be found at: www.peer5.com/terms. This Policy governs the processing, use and transfer of Personal Information (defined below) collected through the services offered by Peer5, including the API ("the Services") and through our website ("Site") of individuals who access or use the Site and/or Services ("User" or "you").

Any capitalized terms not defined herein shall have the meaning ascribed to them in the Terms and Conditions.

Please read this Policy carefully to understand how we process your Personal Information before you provide Personal Information (defined below) to us. Please do not use the Site and/or Services if you do not agree to any of the terms hereunder. This Privacy Policy shall not be construed in any manner to derogate from the Terms of Use or any other agreement made by and between Peer5 and you. This Privacy Policy does not derogate from any rights you may have under applicable laws.

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement significant changes to the use of your Personal Information in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Site or by other means.

THE HIGHLIGHTS:

  1. You are not required by law to provide us with any Personal Information. Sharing Information with us is entirely voluntary. However, if you do not provide us certain Personal Information, we may not be able to provide you with all or part of the Site's functions and the Services.
  2. We process your Personal Information for the purposes described in this Policy, and subject to our obligations under Applicable Laws.
  3. Our Services are intended for Users over the age of 18 or equivalent minimum age for providing consent to processing of Personal Information in the relevant jurisdiction. Persons under such age are not permitted to register to the Site or use the Services. If you are under such age, you should cease to use the Services and the Site immediately. We reserve the right to immediately delete data about children without any further notification.
  4. You may be entitled to request to review, amend, erase or restrict the processing of your Personal Information, pursuant to the privacy laws applicable to you. Please note that in case you request to erase or restrict the processing of your Personal Information, your use of the Site and/or Services may be affected or limited.
  5. We share Personal Information with third parties in connection with the provision of the Services to our Users, or other limited circumstances as specified herein.
  6. If you have any questions or requests regarding the processing of your Personal Information, or would otherwise like to contact us in connection with this Privacy Policy, please send us an email to: privacy@peer5.com

The Privacy Policy

  1. Definitions
    1. "Applicable Laws" means the privacy and data protection laws, regulations and binding guidelines of any jurisdiction which apply to our processing of Personal Information, each to the extent applicable.
    2. "Customers" means legal entities who have engaged us to use our Services and signed our Terms of Use.
    3. "Customers' Users" means the contact persons authorized by our Customers to communicate with us and to manage their use of the Service and the API.
    4. “Personal Information” means any information which identifies or can be used to (directly or indirectly) uniquely identify a natural person, including, but not limited to, first and last name, phone number, email address, IP address, billing information, etc.
    5. "Non-Personal Information" means technical information regarding the device used to access the Services, including device model, operating system, etc. We also collect aggregated statistical information about your usage of the Site and Services.
    6. "Users" means individuals who browse our Site ("Visitors") and Customers' Users.
  2. What Personal Information do we collect and about whom?
    1. Customers' Users. In order to use our Services and API, Customers' Users will be requested to create an account and provide us with certain Personal Information, such as their contact information, including name, title, workplace, telephone number and email address.
    2. End-Users. Peer5 collects Customer’s end-users (the “End-User”) IP addresses. For more information about the processing of Personal Information by our Customers, such End-Users should review the privacy policies and notices of the Customers from whom they receive services in connection with Peer5 Service and/or API.
    3. We do not knowingly collect or process any Personal Information which is considered under the Applicable Laws to be sensitive. In the event you become aware that such information was collected by us, please inform us immediately. We reserve the right to immediately delete sensitive information without any further notification.
  3. What will Peer5 do with my Personal Information?
  4. Personal Data is used for the following limited purposes:

    1. Personal Data related to Users is used to:
      1. Enable you to view and use our Site and its features;
      2. Contact you at your request and provide you with information regarding our Services including providing a demo, if requested;
      3. Extract statistical aggregated information about your usage of our Site.
    2. Personal Data related to Customers' Users is used to:
      1. Provide our Services to you and improve them;
      2. Identify Customers' Users and authenticate them and their authorizations;
      3. Communicate with Customers Users' regarding customer service issues or to provide updates with respect to material changes to this Privacy Notice or our Terms and Conditions;
      4. Respond to questions or comments and to help resolve any problems;
      5. Send you promotional materials and special offers, subject to your consent when required under Applicable Laws or as otherwise permitted under applicable laws;
      6. Protect the security or integrity of our systems and Services including to detect, prevent, and prosecute fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes;
      7. Exercise or defend legal claims including to enforce our Terms and Conditions;
      8. Comply with any applicable law or regulatory requirement, including any guidance by a competent governmental authority, and to assist courts, law enforcement agencies and other competent authorities if legally required to do so.
  5. The legal basis for our processing:
  6. Where our processing is subject to the General Data Protection Regulation 679/2016, (the "GDPR"), we generally process Personal Information under the basis of performance of a contract and legitimate interest- when related to the provision of the Site and Services, data security, legal claims and all other processing activities except for the activities performed under the basis of legal obligation - when related to compliance with inquiries or requests from regulatory, judiciary and/or law enforcement authorities. In some contexts, we may process Personal Information with your consent (e.g. when we require your specific consent).

  7. What can I do to control my Personal Information?
    1. We will respect the rights of our Users regarding their Personal Information, in accordance with our legal obligations under Applicable Laws (the "Rights").
    2. With respect to Customers' End-Users, we are not authorized to decide on the response to any inquiry related to your Rights. In this case, we encourage you to contact the Customer in question directly. In any event, we reserve the right to escalate any inquiry relating to End Users' Rights promptly to the relevant Customer.
    3. Conditions to compliance with your Rights.
      1. We are legally required to identify you, before we comply with your request regarding your Rights, in order to protect your Personal Information.
      2. In some cases, we will not be able to comply with a request to delete information, if we are legally required to retain it.
      3. We may redact from our response to you certain information relating to ours or any third party's confidential or proprietary information and/or Personal Information, in accordance with applicable laws or third party rights.
      4. Please note that all of the Rights are subject to certain conditions under Applicable Laws, and that we may refuse, in part or completely, to comply with your Rights, subject to those conditions.
    4. Rights in the EU. If you are protected by the GDPR, and we are a/the "Controller" of your Personal Information, (as defined in the General Data Protection Regulation 679/2016, the "GDPR"), you have the following Rights (which may be subject to certain exemptions or derogations):
      1. Accessing and rectifying your Personal Information. You are entitled to access your Personal Information and to rectify it, if you find it is incomplete, incorrect or outdated.
      2. Right of erasure, restriction and objection to processing. You are entitled to request the erasure or the restriction of processing of your Personal Information or to object to such processing.
      3. Personal Information Portability. To the extent applicable to you and to the Services, you may request us to transmit your Personal Information to another party.
      4. The rights to withdraw consent, if this was the basis for collection of your Personal Information.
      5. Right to lodge a complaint. You may submit a complaint to the relevant Supervisory Authority in your jurisdiction.
    5. Rights in California. If you a "consumer" under the California Consumer Privacy Act 2018 ("CCPA") you have the following Rights (which may be subject to certain exemptions or derogations):
      1. You have the right to know what Personal Information of yours we collect, use, disclose, and sell;
      2. You have the right to request the erasure/deletion of your Personal Information;
      3. You have the right to restriction of, or object to, processing of your Personal Information, including the right to opt in or opt out of sale of your Personal Information to third parties;
      4. You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA;
      5. You have a right to lodge a complaint with the relevant institutions in your place of residence (e.g. the Attorney General in your State).
      6. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy.
      7. If you wish to exercise any of your Rights, please contact us at privacy@peer5.com.
  8. With whom does Peer5 Share My Personal Information?
    1. We share Personal Information under the following circumstances:
      1. With our business partners with whom we jointly offer products or services;
      2. With third parties who assist us in operating and providing the Services, conducting our business and/or servicing you;
      3. To the extent necessary, to comply with legal obligations under applicable laws and with inquiries and/or requests by regulators, courts or competent authorities;
      4. To protect the security or integrity of our databases or the Services and to take precautions against legal liability;
      5. To the maximum extent permitted by law, we will disclose your Personal Information to third parties in connection with an actual or contemplated corporate sale, merger, reorganization, dissolution, consolidation or restructuring, financing, or acquisition of all or a portion of our business, assets or any comparable event.
      6. If you require more information on Personal Information sharing, please contact us.

  9. International Data Transfers
    1. Where we transfer your Personal Information outside your of your jurisdiction, (for example to third parties who provide us with services), we will do so as required by applicable laws. For example, access from Israel is currently permitted under Israel’s adequacy decision laid down by the European Commission.
    2. If you require more information on data transfers, please contact us.

  10. How does Peer5 protect and retain Personal Information?
    1. Security. We take appropriate security measures to protect Users' information against unauthorized access to or unauthorized alteration, disclosure or deletion of data, including Personal Information. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
    2. Retention of Data. We retain Personal Information as permitted under Applicable Laws and according to our retention policies, in order to: (i) fulfill the purposes described herein; (ii) in the defense or assertion of legal claims and liability; (iii) for the analyses and improvement of the Services; and (iv) to comply with applicable laws. Non-Personal Data and statistical anonymized data may be retained by us, and be shared and used, without limitation. If you require more information on the periods of retention of Personal Information, please contact us.
  11. User of our Services by Children
  12. Our Site is a general audience Site which is not directed to persons under 18 years old. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us immediately. We do not knowingly collect or solicit Personal Information from people under 18 years old. If we become aware that a person under 18 years old has provided us with Personal Information, we reserve the right to delete such data from our databases without any further notification.

  13. Interaction with third party products
  14. We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

  15. Log Files We use log files. We use such information, amongst other things, to analyze trends, administer the Site, track Users’ movement around the Site, and gather demographic information.
  16. Analytical Tools
  17. Peer5 uses the following analytics tools on our Site:

    1. Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit this Site, what pages they visit when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Google Analytics to maintain and improve the Site and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
    2. Facebook Pixels and SDKs. We use Facebook pixels or SDKs, which are tools that provide help to website owners and publishers, developers, advertisers, business partners (and their customers) and others integrate, use and exchange information with Facebook, as such the collection and use of information for ad targeting. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You can prevent your data from being used by Facebook Pixels and SDKs by exercising your choice through these mechanisms: http://www.aboutads.info/ choices or http://www.youronlinechoices.eu/.
    3. We reserve the right to remove or add new analytic tools.
  18. Specific provisions applicable under California privacy law
    1. California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@peer5.com. Please note that we are only required to respond to one request per customer each year.
    2. Our California Do Not Track Notice (Shine the Light): Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not respond to or honor DNT signals transmitted by web browsers, and we may allow third parties, such as analytics tools providers, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.
    3. Deletion of Content From California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content including Personal Information you have publicly posted. To remove, please send an email to privacy@peer5.com. After removal you will not be able to restore removed content. We cannot ensure complete or comprehensive removal of the content, if prohibited by the law.
  19. Questions or concerns regarding privacy
  20. If you have any questions or concerns regarding privacy issues, please send us a detailed message to: privacy@peer5.com and we will make every effort to resolve your concerns without delay. Peer5 may, at any time and from time to time, modify this Privacy Notice. Modifications to this Privacy Notice will be posted on the Site, and shall be effective as of the date in which they are posted on the Site.