Privacy Policy

1. Third-Party Services

This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the Pivot platform (“Third-Party Services”), or any other third-party products, services or businesses who will provide their services under their own terms of service and privacy policy. In addition, a separate agreement may govern delivery, access and use of the Services (the “Customer Agreement”), including the processing of data such as messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls its instance of the Services (its “Service”) and any associated Customer Data. If you have any questions about specific Service settings and privacy practices, please contact the Customer whose Service you use.

2. California Privacy Rights

California Notice of Collection of Personal Information: We collect the information described below under “Information We Collect and Receive” for the business and commercial purposes described below under “Information Use.” To learn more about exercising your California Privacy Rights please review the “California Privacy Rights” section below.

3. Information We Collect And Receive

Pivot will collect and receive information through operating the Services and Websites, and through other interactions with Pivot. Such information will include Customer Data and other information and data (“Other Information”) in a variety of ways:

Customer Data

Customers or individuals granted access to a Service by a Customer (“Authorized Users”) routinely submit Customer Data (such as messages, files or other content submitted through Services accounts) to Pivot when using the Services.

Other Information

Pivot also collects, generates and/or receives the following categories of Other Information:

Account information

To create or update an account, you or our Customer (e.g. your employer) supply Pivot with an email address, phone number, password, domain, and/or other account set up details In addition, Customers that purchase a paid version of the Services provide Pivot (or its payment processors) with billing details such as credit card information, banking information, and/or a billing address.

4. Usage information

Services metadata

When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way that an Authorized User uses the Services. For example, Pivot logs the channels, people, features, content, and links you view or interact with, the types of files shared and what Third-Party Services are used (if any).

Log data

As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include your Internet Protocol (IP) address, the address of the web page you visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, and your language preferences.

Device information

Pivot collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.

Location information

We receive information from you, our Customers and other third parties that helps us approximate your location. We may, for example, use a business address submitted by your employer (who is our Customer) or an IP address received from your browser or device to determine approximate location to assist with localization or for security purposes.

Cookie information

Pivot uses a variety of cookies and similar technologies in our Websites and Services to help us collect Other Information. For more details about how we use these technologies, and your opt-out controls and other options, please see our Cookie Policy.

Third-Party Services information

Typically, Third-Party Services are software that integrate with our Services, and a Customer can permit its Authorized Users to enable and disable these integrations for its Services. Pivot may also develop and offer Pivot applications that connect the Services with a Third-Party Service. Once enabled, the provider of a Third-Party Service may share certain information with Pivot. For example, if a cloud storage application you are using is enabled to permit files to be imported to a Service, we may receive the user name and email address of Authorized Users, along with additional information that the application makes available to Pivot to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third-Party Services to understand what data may be disclosed to Pivot. When a Third-Party Service is enabled, Pivot is authorized to connect and access Other Information made available to Pivot in accordance with our agreement with the provider of the Third-Party Service and any permission(s) granted by our Customer (including, by its Authorized User(s)). Examples of information which Pivot may receive in this manner include whether you successfully created a new account or interacted with a third-party application in a way that is attributable to Pivot usage activity. We do not, however, receive or store passwords for any of these Third-Party Services when connecting them to the Services. For more information on Pivot’s interaction with Third-Party Services, click here.

Contact information

In accordance with the consent process provided by your device or other third-party API, any contact information that an Authorized User chooses to import (such as importing an address book to find coworkers and Pivot Connect contacts or calendar from a device or API), forward or upload to the Services (for example, when sending emails to the Services) is collected when using the Services.

Third-Party data

Pivot may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners, or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

Audio and video metadata

Pivot may receive, capture, and store metadata derived from your use of features such as Pivot Huddles or Clips, and additional related data such as data regarding the date and time of your Pivot Huddle and the Authorized User that you connected with.

Additional information provided to Pivot

We also receive Other Information when submitted to our Websites or in other ways, such as responses or opinions you provide if you participate in a focus group, contest, activity or event, feedback you provide about our products or services, information you provide if you apply for a job with Pivot, enroll in a certification program or other educational program hosted by Pivot or a vendor, request support, interact with our social media accounts or otherwise communicate with Pivot.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Service setup details, is not provided, we may be unable to provide the Services.

5. How We Process Your Information and our
Legal Bases for Doing So

Customer Data will be used by Pivot in accordance with this privacy policy to provide the Services, any applicable terms in any Customer Agreement, a Customer’s use of Services functionality, and as required by applicable law. Pivot is a processor of Customer Data and the Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Service, assign roles and configure settings, access, modify, export, share, and remove Customer Data, and otherwise apply its policies to the Services.

Pivot uses Other Information to operate our Services, Websites, and business. More specifically, Pivot uses Other Information for the following purposes:

Compliance With A Legal Obligation

Pivot processes Other Information when we comply with a legal obligation including, for example, to access, preserve or disclose certain information if there is a valid legal request from a regulator, law enforcement or others. For example, a search warrant or production order from law enforcement to provide information in relation to an investigation, such as your profile picture or IP address.

We use Service and account information, Usage information, Cookie information, Third-Party Services Information, Contact information, Third-Party data, Audio and video metadata, and Additional information provided to Pivot for compliance with a legal obligation.

Legitimate Interests

We rely on our legitimate interests or the legitimate interests of a third-party where they are not outweighed by your interests or fundamental rights and freedoms ("legitimate interests").

We use Service and account information, Usage information, Cookie information, Third-Party Services Information, Contact information, Third-Party data, Audio and video metadata, and Additional information provided to Pivot for the following legitimate interests:

• To provide, update, maintain and protect our Services, Websites and business.
• This includes the use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an Authorized User’s request.
• It is in our and your interests to provide, update, maintain and protect our Services, Websites, and business.
• To develop and provide search, learning and productivity tools and additional features.
• Pivot tries to make the Services as useful as possible for specific Services and Authorized Users. For example, we may:
  
  - Improve search functionality by using other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User
  - Make services or Third-Party Service suggestions based on historical use and predictive models
  - Identify organizational trends and insights
• - Customize a services experience or create new productivity features and products.
• It is in our interest and in the interest of Customers and Authorized Users to continuously improve and develop the customer support we provide.
• To investigate and help prevent security issues and abuse.
• We may use a variety of tools to prevent abuse.
• We may process, including in an automated fashion, Other Information to better understand how Pivot is used or to prevent spam or abuse.
• It is in our interest to keep the Service secure and to detect, prevent, and address abuse (such as spam) and to investigate and take action in respect of suspicious activity on the Services.
• To aggregate or de-identify information.
• In some cases, we aggregate or de-identify information we have associated with you and use the resulting information, for example, to improve the Services.
• It is in our interest to research and improve the Services.
• It is in the interests of Customers and Authorized Users to practice data minimization and privacy by design in respect of their information.
• Share information with others including law enforcement and to respond to legal requests.
• It is in our interest and the interest of the general public to prevent and address fraud, unauthorized use of Pivot, violations of our terms or other harmful or illegal activity; to protect ourselves, our users or others, including as part of investigations or regulatory enquiries; or to prevent death or imminent bodily harm.

Transfer, store or process your information outside the European Economic Area.

As the Websites and Services operate globally, with Customers around the world, we need to share information we collect globally. We carry out necessary transfers outside the European Economic Area, including to Australia, Canada, Japan, India, South Korea, and the United States, to provide, update, maintain and protect our Services, Websites and business.

For more information, review the “International Data Transfers” section below.

• In our and your interests to provide, update, maintain and protect our Services, Websites and business.
• We use Service and account information, Third-Party Services Information, Third-Party data, and Additional information provided to Pivot for the following legitimate interests:
• To communicate with you by responding to your requests, comments and questions.
• If you contact us, we may use your Other Information to respond.
• It is in our, our Customers’ and Users’ interests to facilitate communication (for example to answer questions from Customers).
• To send service emails and other communications.
• For example, we may:
  
  - Send you service, technical and other administrative emails, messages, and other types of communications; or
  - Contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices.
  - These communications are considered part of the Services and you may not opt out of them. It is in our Customers and Authorized Users’ interests to address service related issues.
• We use Service and account information and Usage information for the following legitimate interests:
• For billing, account management and other administrative matters.
• Pivot may need to contact you for invoicing, account management, and similar reasons and we use account data to administer accounts and keep track of billing and payments.
• It is in our interest to facilitate the effective provision and administration of the Websites and Services.

We use Service and account information, Usage Information, Cookie information, Third-Party Services Information, Third-Party data, and Additional information provided to Pivot for the following legitimate interests:

• To send marketing emails and other communications.
• We sometimes send emails about new product features, promotional communications or other news about Pivot. These are marketing messages so you can control whether you receive them. If you have additional questions about a message you have received from Pivot please get in touch through the contact mechanisms described below.
• It is in our interest to promote the Websites and Services and send our direct marketing.

6. How We Share and Disclose Information

This section describes how Pivot may share and disclose Information, as described in the section entitled 'Information We Collect and Receive' above. Customers determine their own policies and practices for the sharing and disclosure of Information to third parties. Pivot does not control how a Customer or any third party chooses to share or disclose Information.

• The Customer’s Instructions. Pivot may share and disclose Information in accordance with a Customer’s instructions and with appropriate consent, including any applicable terms in the Customer Agreement and the Customer’s use of Services functionality and in compliance with applicable law and legal process. Some sharing at a Customer’s request may incur additional fees
  
  To enable Pivot to follow our Customers’ instructions, Pivot provides several administrator controls to allow Customers to manage their Services. For example, we follow our Customers’ instructions to enable or disable Authorized Users use of various features of the Services, channel posting permissions, the sharing and visibility of direct messages including files, or whether and how Authorized Users can connect with other organizations’ Services.
  
  We also follow Customer and Authorized User instructions on how an Authorized User’s profile may be displayed within a Customer’s Service or when shared.
  
  Customers may also provide their Authorized Users with the ability to adjust the audience and visibility of certain Customer Data.
• Displaying the Services. When an Authorized User submits Information, it may be displayed or discoverable to other Authorized Users in the same or connected Services. For example, an Authorized User’s email address may be displayed with their Service profile, or other profile and organizational information may be displayed to Authorized Users.
• Collaborating with Others. The Services provide different ways for Authorized Users working in independent Services to collaborate, such as email interoperability, audio calls, video calls, live streaming, messaging, posting and commenting, and data editing. Information, such as an Authorized User’s profile and organizational information, may be shared, subject to the policies and practices of the Service(s) you use. For example, depending on the settings of your Service, to enable connections with other Authorized Users, your profile may be shared or searchable or discoverable by Authorized Users or other users outside of Service(s) you belong to, or shared via email when you invite an Authorized User or other user to collaborate via Pivot Connect. In many instances, Pivot includes either administrator controls or user controls, depending on the use case, with respect to external collaboration. Authorized Users may also decide to expand the visibility of certain content and Customer Data, such as files
• Customer access. Owners, administrators, Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Information. This may include, for example, your employer using features of the Services to access or modify your profile details, or to export logs of Service activity.
• Third-Party service providers and partners. We may engage third-party companies or individuals as service providers or business partners to process Information and support our business. These third parties may, for example, provide virtual computing and storage services, assist Pivot with verifying Owners and Customers, or we may share business information to develop strategic partnerships with Third-Party service providers to support our common customers. In this respect, depending on the Third-Party service provided, Pivot may share your Information.
• Third-Party Services. A Customer may enable, or permit Authorized Users to enable, Third-Party Services. We require each Third-Party Service provider to disclose all permissions for information accessible through the Services, but we do not guarantee that they do so. When Third-Party Services are enabled by a Customer or an Authorized User, Pivot may share Information with Third-Party Services. Third-Party Services are not owned or controlled by Pivot and third parties that have been granted access to Information may have their own policies and practices for its collection, use, and sharing. Please check the permissions, privacy settings, and notices for these Third-Party Services or contact the provider with any questions.
• Forums. The Information you choose to provide in a community forum including personal data will be publicly available.
• Organizers and sponsors of Events/Webinars. If you attend an event or webinar organized by Pivot, we may share your profile and organizational information with the event or webinar sponsors when you register, have your badge scanned, or join a breakout room. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your information will be subject to the sponsors’ privacy statements.
• Professional advisers. We may share your Information with professional advisers acting as service providers, processors, controllers, or joint controllers - including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Information containing personal data.
• Corporate Affiliates. Pivot may share Information with our corporate affiliates, parents and/or subsidiaries.
• During a Change to Pivot’s Business. If Pivot engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Pivot’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of the Information described in the ‘Information We Collect and Receive’ section may be shared or transferred, subject to standard confidentiality arrangements.
• Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Information for any purpose. For example, we may share aggregated or de-identified Information with prospects or partners for business or research.
• Law Enforcement and Regulators. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
• To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of Pivot, its users, or third parties, including enforcing its contracts or policies, or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.
• With Consent. Pivot may share Information with third parties when we have consent to do so or as otherwise permitted in this Privacy Policy. For Services registered to corporate entities, Pivot may share Information with consent of the Service primary owner or authorized corporate officer, or their designee. For workplaces created without a formal affiliation, Pivot may require user consent.

7. Data Retention

Pivot will retain Customer Data in accordance with a Customer’s instructions (including to perform any applicable terms in the Customer Agreement and through Customer’s use of Services functionality) and as required by applicable law. The deletion of Customer Data and other use of the Services by the Customer may result in the deletion and/or de-identification of certain associated Other Information.
Pivot may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy (such as to provide the Services, including any optional features you use, and to provide customer support). This may include keeping your Other Information after you have deactivated your account for the period of time needed for Pivot to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

8. Security

Pivot takes security of data very seriously. Pivot uses industry standard security to protect Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Information we collect, process and store, and the current state of technology. Pivot has received internationally recognized security certifications. Given the nature of communications and information processing technology, Pivot cannot guarantee that Information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.

9. Age Limitations

Pivot does not allow use of our Services and Websites by anyone younger than 18 years old, to the extent prohibited by applicable law. If you learn that anyone younger than 18 has unlawfully provided us with personal data, please contact us at legal@hellopivot.com and we will take steps to delete such information.

10. Changes To This Privacy Policy

Pivot may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Pivot will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account.

11. International Data Transfers

Pivot may transfer your Personal Data to countries other than the one in which you live, including transfers to the United States. To the extent that Personal Data is transferred abroad, Pivot will ensure compliance with the requirements of the applicable laws in the respective jurisdiction in line with Pivot’s obligations.
In particular, we offer the following safeguards if Pivot transfers Personal Data from jurisdictions with differing data protection laws:

European Commission’s Standard Contractual Clauses

Pivot uses Standard Contractual Clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK where appropriate) for transfers to, among others, Australia, Canada, India, Japan, South Korea, and the United States. Pivot will transfer your Personal Data to facilitate the provision of the Services.

Asia-Pacific Economic Cooperation Cross-Border Privacy Rules System And Privacy Recognition For Processors.

Pivot’s privacy practices, described in this Privacy Policy, comply with the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules (“CBPR”) system and the Privacy Recognition for Processors (“PRP”). The APEC CBPR system provides a framework for organizations to ensure protection of personal data transferred among participating APEC economies and the PRP demonstrates an organization’s ability to provide effective implementation of a personal data controller’s privacy obligations related to the processing of personal information. If you have an unresolved privacy or data use concern related to our APEC CBPR or PRP certifications that we have not addressed satisfactorily, you may contact our data protection officer at dpa@hellopivot.com.

Data Protection Officer

To communicate with our Data Protection Officer, please email legal@hellopivot.com.

Identifying The Data Controller And Processor

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Pivot is the processor of Customer Data and the controller of Other Information.
Pivot Technologies Holdings, Inc., a Delaware corporation based in San Francisco, California is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Services established for Customers in the US and Canada.

12. Your Rights

Individuals in the European Economic Area, the United Kingdom, Brazil, and across the globe have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to your personal information, as well as to seek to update, delete, or correct this information. You can do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact the Customer who controls your Service for additional access and assistance.
To the extent that Pivot’s processing of your Personal Data is subject to the General Data Protection Regulation or other applicable laws requiring a legal basis for processing Personal Data, such as the UK Data Protection Act and the Brazilian General Data Protection Act (Lei Geral de Proteção de Dados), Pivot primarily relies on its legitimate interests, described above, to process your Personal Data. Where we rely on legitimate interests to process your Personal Data, you can object to that processing by contacting us as described in the “Contacting Pivot” section below. In response to your objection, we will stop processing your information for the relevant purposes unless we have compelling grounds in the circumstances or the processing is necessary in the context of legal claims. Pivot may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Pivot’s use of your Personal Data for this purpose at any time.

13. Your California Privacy Rights

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA,” as amended by the California Privacy Rights Act or “CPRA”.
California law requires that we detail the categories of personal information that we collect and disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities as described in earlier sections of Privacy Policy. In addition to the information provided above in the ‘Information We Collect And Receive’ section, we may collect the following categories of personal information from you, your employer, data analytics providers, data brokers, and Third-Party Services for our business purposes:

• Identifiers/contact information;
• Commercial information;
• Internet or electronic network activity information;
• Financial information;
• Geolocation information;
• Professional or employment-related information;
• Audio and visual data;
• In limited circumstances where allowed by law, information that may be protected under California or United States law; and
• Inferences drawn from any of the above categories.

We collect this information for the business and commercial purposes described in the ‘How We Process your Information and our Legal Bases for Doing So’ section above. We share this information as described in the ‘How We Share and Disclose Information’ section above. Pivot does not sell (as such term is defined in the CCPA or otherwise) the personal information we collect (and will not sell it without providing a right to opt out). We may also share personal information (in the form of identifiers and internet activity information) with third party advertisers for purposes of targeting advertisements on non-Pivot websites, applications, and services. In addition, we may allow third parties to collect personal information from our sites or services if those third parties are authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or if you use our sites or services to interact with third parties or direct us to disclose your personal information to third parties.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use, disclose, or may sell this information), to delete their personal information, to opt out of any “sales”, to know and opt out of sharing of personal information for delivering advertisements on non-Pivot websites, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at legal@hellopivot.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents must submit proof of authorization.

14. Data Protection Authority

Subject to applicable law, you also have the right to (i) restrict Pivot’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority. If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website. If you are a resident of the United Kingdom you may contact the UK supervisory authority, the Information Commissioner’s Office.

15. Contacting Pivot

Please also feel free to contact Pivot if you have any questions about this Privacy Policy or Pivot’s practices, or if you are seeking to exercise any of your statutory rights. Pivot will respond within a reasonable timeframe. You may contact us at legal@hellopivot.com or at our mailing address below:

Pivot Technologies Holdings Inc.
848 Market Street, Suite 71364
San Francisco, CA 94104