EFFECTIVE SEPTEMBER 30, 2021
Automatic collection of information
When you use the Website, we automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type, and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, the information you search for on the Website, access times and dates, and other statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
Collection of personal information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features on the Website, you may be asked to provide certain Personal Information (for example, your name and email-address). We receive and store any information you knowingly provide to us when you publish content, or fill any online forms on the Website. When required, this information may include the following:
– Personal details such as name, country of residence, etc.
– Contact information such as email address, address, etc.
– Geolocation data such as latitude and longitude.
Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases and our joint marketing partners. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.
Use and processing of collected information
In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
– Send marketing and promotional communications
– Respond to inquiries and offer support
– Improve the user experience
– Post customer testimonials
– Deliver targeted advertising
– Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
Transfer of information
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.
The rights of users
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.
The right to object to processing
Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.
Data protection rights under GDPR
If you are a resident of the European Economic Area (EEA), you have certain data protection rights and Tealium Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
– You have the right to request access to your Personal Information that we store and have the ability to access your Personal Information.
– You have the right to request that we correct any Personal Information you believe is inaccurate. You also have the right to request us to complete the Personal Information you believe is incomplete.
– You have the right to request the erase your Personal Information under certain conditions of this Policy.
– You have the right to object to our processing of your Personal Information.
– You have the right to seek restrictions on the processing of your Personal Information. When you restrict the processing of your Personal Information, we may store it but will not process it further.
– You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
– You also have the right to withdraw your consent at any time where Tealium Inc. relied on your consent to process your Personal Information.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
California privacy rights
In addition to the rights as explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.
How to exercise these rights
Any requests to exercise your rights can be directed to Tealium Inc. through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).
The Website and Services use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.
We may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on the Website. These companies may deliver ads that might place cookies and otherwise track user behavior.
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us.
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
In the event we become aware that the security of the Website and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms relating to the Website and Services from time to time at our discretion and will notify you of any material changes to the way in which we treat Personal Information. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different from what was stated at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact form.
Tealium Privacy Statement
Effective as of May 1, 2020
1 Purpose and Scope
This Privacy Statement will help you understand what Personal Data we collect about you, how we use your Personal Data, and what choices you have about our use of your Personal Data. This Privacy Statement applies to your use of any online service (website, software, or mobile app) that include a link to this Privacy Statement, regardless of how you use or access it. When we refer to “Tealium” “we” or ‘us” in this Privacy Statement, we are referring to Tealium Inc.
We are committed to maintaining the accuracy, confidentiality, and security of your Personal Data. Tealium utilizes data centers around the world in order to facilitate our customers’ ability to store Personal Data regionally.
We are committed to complying with the Privacy Shield Principles with respect to your Personal Data that we receive from the EU, the United Kingdom, and Switzerland in reliance on the Privacy Shield. One of the purposes of this Privacy Statement is to describe how Tealium implements the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability in processing your Personal Data.
This Privacy Statement includes a description of the purposes for which we collect and use Personal Data, the types of Personal Data we collect, the types of third parties to which we may disclose your Personal Data and the purposes for doing so, the rights and choices you have for limiting the use and disclosure of your Personal Data, and how to contact us about our practices concerning Personal Data.
To learn more about the EU and Swiss Privacy Shield, visit the U.S. Department of Commerce’s Privacy Shield site. To view Tealium’s certification see the list of participating companies and search for “Tealium”.
Inquiries or Concerns? In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our collection or use of your Personal Data. EU, UK, and/or Swiss individuals with inquiries or complaints regarding our Privacy Statement should first contact us at: [email protected]. We have also appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Statement. If you have any questions about this Privacy Statement, including any requests to exercise your legal rights, you may contact our DPO at [email protected]
We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. We have further committed to refer unresolved Privacy Shield complaints through the Privacy Shield Arbitration Process and the JAMS Privacy Shield Program, an alternative dispute resolution provider with offices in the United States and Europe. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit the JAMS Privacy Shield Program for more information or to file a complaint. The services of JAMS are provided at no cost to you.
If you are unsatisfied with our response, you may be entitled to make a written submission to the EU, UK, or Swiss data protection authorities established pursuant to the Privacy Shield to address your complaints applicable for your jurisdiction. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
This Privacy Statement applies to the Personal Data of individuals who seek to be, are, or were customers of Tealium (“Customers”), including any Personal Data of individuals collected, used, or disclosed while using the Tealium websites or Tealium apps (“Site Visitors”). It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
Revisions to this Privacy Statement. We may revise this Privacy Statement to reflect changes in our legal or regulatory obligations or in the manner in which we deal with your Personal Data. We will communicate any revised version of this Privacy Statement and such revisions will be effective from the time they are communicated, provided that any change that relates to why we collect, use or disclose your Personal Data will not apply to you, where your consent is required to such collection, use or disclosure, until we have obtained your consent to such change.
Our websites and our services are not intended for children and we do not knowingly collected data from or relating to children. If you are a parent or guardian and you believe that your child has provided us Personal Data without your consent, please contact us at [email protected] and we will delete the child’s Personal Data from our systems.
2.1.1 What is Personal Data?
For the purposes of this Privacy Statement, Personal Data is information, including Sensitive Data, that is: (i) about an identified or identifiable individual, (ii) received by us, and (iii) recorded in any form. Personal Data does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual). “Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
2.1.2 What Personal Data Do We Collect?
We may collect and maintain Personal Data regarding Site Visitors and Customers and potentially their customers. We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together into the following categories:
- Data used to identify you, including first name, last name, username or similar identifier, title, and gender.
- Contact information such as email address and telephone numbers.
- Technical information such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile information such as your interests, preferences, and feedback.
- Usage information about how you use our website, products, and services.
- Marketing and communications information such as your preferences in receiving marketing from us and your communication preferences.
- If you attend one of our events, we may ask you to scan your attendee badge, which will provide to us your Personal Data, such as name, title, company name, address, country, phone number and email address
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data with the data of other Site Visitors to calculate the percentage of users accessing a specific website feature.
2.1.3 For What Purposes Do We Collect Personal Data?
The Personal Data we collect is used and disclosed, as reasonably required for our business purposes, including complying with our contractual requirements, legal obligations, and for legitimate interests in marketing and product functionality purposes. Broadly speaking, legitimate interest means we use the personal information you provide to us for our legitimate business interests to send you marketing communications or to gather information about how you use our website. Before doing this, though, we will also carefully consider and balance any potential impact on you and your rights. How we collect your Personal Data and how we use it are described below:
- We may use web beacons alone or in conjunction with cookies to compile information about Customers’ and Site Visitors’ use of the Tealium website and interaction with emails from Tealium. For example, we may use web beacons to count the number of Site Visitors and to count content views. Web beacons are transparent pixel images that are used in collecting information about website usage, e-mail response, and tracking.
- We collect information about our Site Visitors’ utilization and navigation of our website as legitimate interest in prospective customers. This information helps us to design our website to better suit our Site Visitors’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track Site Visitor movements, and gather broad demographic information that assists us in identifying Site Visitor preferences.
- We use aggregated data as a statistical measure and not in a manner that would identify you personally. Aggregated data enables us to determine how often certain parts of our website or the Services are used so that we can improve them. We may make use of, or make such aggregated data available to, third parties, in any manner in our sole discretion. Tealium may engage third parties to track and analyze usage and volume statistical information from Site Visitors.
- Our website may allow you to connect with social media networks, such as Facebook (facebook.com), Linkedin (linkedin.com), and Twitter (twitter.com) (“Social Media”). Such Social Media may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the Social Media to function properly. You may be given the option by such Social Media to post information about your activities on our website to your profile page on the Social Media network in order to share with others within your network.
- Our services provide Customers a platform that may collect data, including Personal Data, from their customers and to use that information to create real-time profiles of such customers that integrate with their digital marketing platforms. We do not control our Customers’ use of the Personal Data, and their use of the information will be in accordance with their own privacy policies.
- Our platform may analyze the information collected from a website, ours or our Customers’, in order to create segments of customers and to combine these segments into audiences in order to enrich the capabilities of the website and to correlate data across various customer-consumer touch points such that our Customers gain a unified view of their customers profiles. We do not control our Customers’ use or collection of the Personal Data, and their use of the information will be in accordance with their own privacy policies.
2.1.4 What Types of Third Parties May Receive Your Personal Data and for
- We may share Personal Data with Tealium’s contracted service providers, such as payment processors, so that these service providers can provide services on our behalf. We may also share Personal Data with our service providers to ensure the quality of information provided. Unless described in this Privacy Statement, we do not share, sell, rent, or trade any information with third parties for their promotional purposes.
- We may share Personal Data with other members and affiliates of the Tealium corporate group in order to work with them, including affiliates of the Tealium corporate group. For example, Tealium may need to share Customer Information for customer relationship management purposes.
Partners and Affiliated Businesses Not Controlled by Tealium
- We may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly offered product or service from us, we may share Personal Data collected in connection with your purchase or expression of interest with our partners. We do not control our partners’ use of the Personal Data, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may choose not to purchase or specifically express interest in a jointly offered product or service.
- We may use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use financial information except for the sole purpose of credit card processing on our behalf.
- It may be necessary for us to disclose your Personal Data, either by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose Personal Information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
Relevant information also may be found in notices pertaining to specific data processing activities.
We offer Site Visitors and Customers who provide contact information the means to choose how we use the information provided. You may manage your receipt of marketing and non-transactional communications by clicking here or by clicking on the “unsubscribe” link located on the bottom of Tealium’s marketing emails. Additionally, you may send a request specifying your communications preferences to [email protected]. Customers cannot opt out of receiving transactional emails related to their account with Tealium or the Services.
To update financial information or have your registration information deleted, please email [email protected] To discontinue your account, please email [email protected] Requests to access, change, or delete your information will be handled within 30 days.
Individuals have a right to choose whether their Personal Data may be disclosed to third-party controllers or used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the individual. We do not typically collect Sensitive Data about you. If we were to collect Sensitive Data, to the extent required by the Privacy Shield Principles, Tealium will obtain your opt-in consent for certain uses and disclosures of Sensitive Data. You have a right to withdraw such consent at any time. If we decide to use Personal Data for a purpose other than those that are materially the same as those indicated in this Privacy Statement, individuals shall be offered the opportunity to opt-in to the use. We shall make reasonable efforts to accommodate individual privacy preferences.
Exceptions. We may disclose your Personal Data without offering an opportunity to opt out, when (i) we retain third-party processors to perform services on our behalf and pursuant to our instructions, (ii) required by law or legal process, or (iii) responding to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. We may also transfer Personal Data in the event of an audit or if we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation).
2.3 Accountability for Onward Transfer
We comply with the Privacy Principles for all onward transfers of Personal Information from the UK, the EU, and Switzerland, including the onward transfer liability provisions.
We take reasonable and appropriate measures that are designed to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into account the nature of the Personal Data. Tealium has a SOC2 Type 2 audit, an ISO 27001 audit, and ISO 27018 audit performed regularly to independently assess and attest to the effectiveness of Tealium’s information security policies and practices.
2.5 Data Integrity and Purpose Limitation
We limit the Personal Data we process to that which is relevant for the purposes of the particular processing. We do not process your Personal Data in ways that are inconsistent with the purposes for which the information was collected or subsequently authorized by you. In addition, to the extent necessary for these purposes, we take reasonable steps to ensure that the Personal Data we process is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, we rely on you to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by you. You may contact us as indicated in the Subject Access procedure in section 2.10 below to request that we update or correct relevant Personal Data. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Subject to applicable law, we retain Personal Data in a form that identifies or renders you identifiable only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by you.
You have the right to access your Personal Data. Accordingly, where appropriate, we provide you with reasonable access to the Personal Data we maintain about you. We also provide you a reasonable opportunity to choose whether to receive offers and promotions from us and correct, amend, or delete your information.
We may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated. Other reasons for denying or limiting access include (i) interference with the execution or enforcement of the law or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate re-organizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving the organization.
Please contact [email protected] as described in section 2.10 to request access to your Personal Data.
2.7 Recourse, Enforcement, and Liability
We have mechanisms in place designed to help assure compliance with the Privacy Shield Principles. We conduct an annual self-assessment of our Personal Data practices to verify that the attestations and assertions we make about our Privacy Shield privacy practices are true and that our privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
You may file a complaint concerning Tealium’s processing of your Personal Data. We will take steps to remedy issues arising out of our alleged failure to comply with the Privacy Shield Principles. You may contact us as specified in the Grievance procedure in section 2.11 below about complaints regarding our Personal Data practices.
If your complaint regarding Personal Data cannot be resolved through our internal processes, we will cooperate with the Swiss Federal Data Protection and Information Commissioner (FDPIC), the Information Commissioner’s Office in the UK, or a panel of EU data protection authorities established pursuant to the Privacy Shield to address your complaints and provide you with appropriate recourse free of charge. We are also subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
If we decide to process Personal Data for purposes other than those contained in this Privacy Statement, affected Customers and Site Visitors will receive a notice detailing:
- the type of Personal Data to be processed;
- the purpose for the processing and a description of how the processing is based on legitimate interests;
- the categories of recipients of disclosures of the Personal Data;
- the period for which the Personal Data will be stored or the criteria for determining the period;
- how Customers and Site Visitors can exercise the rights of access, correction, erasure, objection, and the right to withdraw consent;
- the right to file a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC), the Information Commissioner’s Office in the UK or a Data Protection Authority;
- whether the Customer or Site Visitor is obliged to provide the data by statute, contract, or for another reason, and the possible consequences of failing to provide the data; and
- whether the Personal Data will be subject to automated processing and, if so, the logic and the consequences of the processing for the data subject.
Such notices will be clear, conspicuous, and readily available to affected Customers and Site Visitors. A notice will require an unambiguous, affirmative, opt-in consent to the particular use or processing of the Customer’s or Site Visitor’s Personal Data.
2.9 Third-Party Controller Transfers
With respect to transfers of your Personal Data to third-party data processors, we will:
- enter into a contract with each relevant data processor,
- transfer Personal Data to each such data processor only for limited and specified purposes, including prohibiting such data processor from selling, renting or using your Personal Data in any way outside of our instructed use,
- ascertain that the data processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles,
- take reasonable and appropriate steps to ensure that the data processor effectively processes the Personal Data in a manner consistent with Tealium’s obligations under the Privacy Shield Principles,
- require the data processor to notify Tealium if the data processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles,
- upon notice, including under (e) above, take reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the data processor, and
- provide a summary or representative copy of the relevant privacy provisions of the data processor’s contract to the US Department of Commerce, upon request.
Tealium remains liable under the Privacy Shield Principles if the company’s third-party data processor onward transfer recipients process the relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Tealium proves that it is not responsible for the event giving rise to the damage.
2.10 Subject Access Rights and other rights that you have to your Personal Data
You have rights under data protection laws in relation to your Personal Data. These rights include the following:
- To request access – you may request a copy of the following: (1) The categories of Personal Data we collected about you; (2) The categories of sources from which the Personal Data is collected; (3) The business or commercial purpose for collecting the Personal Data; (4) The categories of third parties with whom we share Personal Data; and (5) The specific pieces of Personal Data we have collected about you.
- To request correction – this allows you to have any incomplete or inaccurate Personal Data corrected or amended.
- To request deletion or erasure – this allows you to have your Personal Data deleted where there is no reason for us to continue to process it. You may also ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing if we processed your information unlawfully or if we are required to erase your personal data to comply with local law. We may not always be able to comply with your erasure request if specific legal reasons apply. In such case, we will let you know if these reasons apply at the time of your request.
- To object to processing – this allows you to object to use of your Personal Data where we are relying on a legitimate interest (or those of a third party) but you believe that such use impacts your fundamental rights and freedoms. You may also object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your Personal Data which override your rights and freedoms.
- To request transfer – this allows you to request that we transfer your Personal Data to you or to a third party of your choice.
- To withdraw consent – this allows you to withdraw your consent to our processing of Personal Data where we are relying on your consent to process the data.
- We will not discriminate against you with respect to the services we provide or the price of such services if you exercise your privacy rights.
To exercise any of the rights stated above, please email us at [email protected]. You may authorize another person (your “agent”) to submit a request on your behalf. Requests submitted by agents must include the email address of the data subject from which the data subject must respond to a verification email sent from Tealium, in order to process the request. We will complete requests as soon as reasonably practicable and consistent with any applicable laws. Please note that we are required to verify that your agent has been properly authorized to request information on your behalf and this may take additional time to fulfill your request.
2.11 Grievance procedure
You may file a complaint concerning Tealium’s processing of Personal Data by email at [email protected]. If a failure to comply with the Privacy Shield Principles is found, we will take steps to remedy the issue.
If a complaint regarding Personal Data cannot be resolved through our internal processes, we will cooperate with the Swiss Federal Data Protection and Information Commissioner (FDPIC), the Information Commissioner’s Office in the UK or a panel of EU Data Protection Authorities established pursuant to the Privacy Shield to address a complaint and provide appropriate recourse free of charge. We are also subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
2.12 Data Breach
If a breach of Personal Data occurs, we will notify the relevant Data Protection Authorities within 72 hours, subject to likelihood of risk to the Customer or Site Visitor. Affected Customers or Site Visitors will also be notified regarding the breach.
2.13 Auditing compliance
To verify that this Privacy Statement has been implemented as represented, we will conduct an annual audit and self-assessment of our Personal Data security and privacy practices.
We will maintain relevant records of:
- the purposes of Personal Data processing;
- the categories of data subjects and of Personal Data processed;
- the categories of recipients, including those in third countries;
- the third countries to which Personal Data will be transferred and the instrument used to provide an adequate level of protection;
- where possible, the envisaged retention periods for different categories of Personal Data; and
- a general description of the security measures used to protect Personal Data.
These records shall be provided to the Swiss Federal Data Protection and Information Commissioner (FDPIC), the Information Commissioner’s Office in the UK or the EU Data Protection Authorities upon request.
2.15 Customer Notice
Swiss, UK, and EU Customers will be given a notice concerning the processing of their Personal Data during the onboarding process. This notice will explain how their Personal Data will be processed during the customer relationship, including:
- the purposes for the processing and when the processing is based on legitimate interests, a description of those interests;
- the categories of recipients of disclosures of Personal Data;
- that the controller intends to transfer Personal Data to a third country and the legal basis for the transfer;
- the period for which the Personal Data will be stored or the criteria for determining the period;
- how Customers can exercise the rights of access, correction, erasure, and objection;
- where processing is based on consent, the right to withdraw consent;
- the right to file a complaint with the the Swiss Federal Data Protection and Information Commissioner (FDPIC), the Information Commissioner’s Office in the UK or the EU Data Protection Authorities;
- whether the Customer is obliged to provide the data by statute, contract, or for another reason, and the possible consequences of failing to provide the data; and
- whether the Personal Data will be subject to automated processing and, if so, the logic and the consequences of the processing for the data subject.
Your California Privacy Rights
Tealium honors Do Not Track (DNT) headers and allows its users to opt‐out of having their personal information collected by Tealium. We also provide guidelines and instructions on how to honor DNT headers. The behavior of utag.js can be altered to track only analytic data and not track individual visitors. Tealium’s website honors DNT and is compliant with California Assembly Bill 370.
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 (“CCPA”).
Starting January 1, 2020, California consumers will have more control over the personal information that covered businesses collect about them. Among other things, consumers will have the right to obtain a copy of the personal information collected about them in the last 12 months, the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), opt out of the sale of their personal information and/or request the deletion of their personal information, and to not be discriminated against for exercising these rights.
California consumers may exercise these rights by clicking here or they may contact us at [email protected] to exercise any of your rights under the CCPA. We will verify our request using the information associated with your account. We may also ask you for additional identification information.