Last updated: March 10th, 2023
1. The Data Collected About You
The data we collect and process about You falls into two categories: data You provide Indicative and data that is automatically collected by usage of Indicative (e.g., by visiting the Website and/or by using the Platform and Services).
Data collected automatically when You visit the Websites
We collect pseudonymous data from visitors to our Websites. This information is not intended to be used by us to identify a particular person or entity, and may include Your IP address, user agent, pages viewed on the Website, browser type, device type, Internet Service Provider, domain name, the time/date of Your visit to our Websites, the referring URL and Your computer or device’s operating system. We record information about visits to the Websites for customer service and product management purposes, to improve the level of service offered on the Websites and to troubleshoot the Websites.
Data You Provide as an Indicative Client
When You register for our Services at Indicative, we ask You to provide us with personally identifiable information including You and/or Your representative’s name, email, company, and title. We’ll also ask You to create a password that will enable You to access Your account. Further, if You have purchased a paid version of the Services, You may be asked for a credit card or other billing information. This data is used for:
- Client login and identification within the Indicative Platform;
- Communication regarding Your support requests and questions;
- Communication relating to Indicative product and policy updates; and
- Billing, invoicing, and payments.
2.Usage Data Collected By Indicative
Indicative collects usage data relating to how Clients interact with the Indicative Platform and Services. This data includes Your IP address, user agent, pages viewed on the Platform, browser type, device type, Internet Service Provider, domain name, the time/date of Your login to use the Services, and Your computer or device’s operating system. This data is used to measure and improve Indicative’s product features, to help secure the Platform as well as debug product issues relating to the Platform and Services.
Indicative does not sell data via the Platform or Services and therefore does not take action in response to “Do Not Track” browser signals from users.
Our Platform is designed to allow our Clients to better understand how their customers, prospective customers and other individuals (their “Users”) utilize the products and services offered by our Clients. The Platform provides our Clients with the ability to collect information based on User interaction with their mobile application(s), mobile website(s) or other digital properties where Clients have integrated with the Platform (collectively, “Client Digital Properties”) and send communications to such Users. Some information is automatically collected from or about Users when they visit or use Client Digital Properties. The types of information collected via Client Digital Properties for the Platform may include: the date/time for a visit to a Client Digital Property, referrer information such as what search engine and search keywords Users may have used to get to a Client Digital Property, information about the browser or device your User is on such as their Operating System, as well as the city/country location of Users, and any pseudonymous tokens and mobile advertising IDs (e.g., AAID in the Android o/s). In addition, our Clients can choose what other User data they want to collect and store on the Platform such as an IP address, precise location information such as lat/long, a User’s age, user names, real names, email addresses and other custom data points as determined by each Client. Each Client determines whether we transfer data off of the Platform and what specific data points are transferred.
In order to use our Platform and Services as a Client, You need to provide certain information about your Users to Indicative. You may accomplish this by:
- a programmatic integration;
- inclusion of Indicative code (e.g., on Your company website(s) or mobile application(s)) such that it will result in applying a “cookie” to Your User’s browsers; or
- manual transfer by You of User directly to Indicative.
While we ask that Clients have the necessary intellectual property rights and adhere to applicable law (including data protection law) with respect to the data they provide to the Platform and Services, Indicative operates as a data processor and service provider of such data. We process data via the Platform and Service as directed by each Client and for no other purpose.
Indicative uses reasonable measures to secure the data it collects, transmits and stores on its servers. Among others, Indicative’s security methods include secured physical access to its data centers, limited and protected access via password, public/private keys, and data encryption, including TLS encryption for data transmission. No method of transmission over the Internet or method of electronic storage is 100% secure; therefore, while Indicative strives to use commercially acceptable means to protect Your information, it cannot guarantee absolute security.
4.Disclosure and Sharing of Data, Onward Transfer
There are certain circumstances under which we may disclose Your information to third parties. These are as follows:
We may share your information with certain third-parties as specified below:
- With third-party agents / Vendors who work on our behalf as sub-processors; provided such third parties agree to adhere to the same privacy principles as Indicative;
- With Partners, such as companies that we think offer complementary services as Indicative provided such Partners agree to adhere to the same privacy principles as Indicative (e.g., marketing events at industry trade shows) where we have your permission.
- In an emergency, including protection of the personal safety of any person;
- For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding);
- As required in response to a lawful request by public authorities, including meeting of national security or law enforcement requirements;
In cases of onward transfer to third parties of data of EU or Swiss resident received pursuant to the EU-US and Swiss-US Privacy Shield, Indicative is responsible for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Indicative shall remain liable under the Privacy Shield principles if its agent processes such personal information in a manner inconsistent with the Privacy Shield principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
Indicative reserves the right to aggregate the data we process (“Aggregate Data”) so that it is no longer considered personal data under applicable law. This Aggregate Data will not identify You or any Client company name as the source of any data.
5. Data Retention
We will only retain Your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of Your personal data, the purposes for which we process Your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
As a data processor, we act upon the instructions of our Clients. As such, each Client determine the data retention period for their User data as it relates to our processing activities on the Platform and Services.
6. International Data Transfers
Indicative processes data in the United States. Indicative reserves the right to transfer data into the United States for processing. Indicative provides Clients with transfer tools such as the EU Model Clauses to meet the data protection and security requirements for our Clients that operate in the European Union and United Kingdom.
Indicative is responsible for the processing of personal information it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Indicative complies with the Principles for all onward transfers of personal information from the EU, including the onward transfer liability provisions.
In compliance with the Principles, Indicative commits to resolve complaints about our collection or use of Your personal information. EU or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Indicative at: firstname.lastname@example.org.
With respect to personal information received or transferred pursuant to each Privacy Shield Framework, Indicative is subject to the regulatory enforcement powers of the US Federal Trade Commission.
Indicative has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
7. Your Rights
U.S. Data Subjects
Certain U.S. States (e.g., California, Virginia) provide additional privacy protections for data subjects located within their jurisdictions, including: (a) the right to see what data we have about You, Your computer or device (i.e., the right to know), (b) the right to delete the data we have about You, Your computer or device (i.e., the right to delete) (c) the right to correct the data we have about You, Your computer or device, and (d) the right to opt-out of the sale to certain third parties (i.e., the right to opt-out from sales of Your information). Indicative uses the same process to honor these U.S. privacy rights that we use for GDPR rights for EU and Swiss data subjects. That process is described below.
Under applicable U.S. state law, Your request to see the personal information that we have about You may include: (1) specific pieces of personal information that we may have about You; (2) categories of personal information we have collected about You; (3) categories of sources from which the personal information is collected; (4) categories of personal information that we sold or disclosed for a business purpose about You; (5) categories of third parties to whom the personal information was sold or disclosed for a business purpose under California Law; and (6) the business or commercial purpose for collecting or selling personal information.
As required by California law, You may make a request via an authorized agent by having such agent follow the process below. Please note that we will request any authorized agent demonstrate that they have been authorized by You to make a request on Your behalf, and we will attempt to verify Your request. We require any authorized agents to provide us with contact details such as an email address and phone number so that we may ensure a timely response to the consumer.
Individuals who have provided information directly to one of Indicative’s Clients must send follow-up requests to access or delete such information to that particular Indicative Client – as we take our instructions from each Client with respect to each Client’s User data.
EU, UK, Brazil, and Swiss Individuals
Indicative acknowledges that EU, UK, Swiss and Brazil individuals have certain legal rights including the right to complain to a local supervisory authority (e.g., the ICO in the UK) and the right to access the personal data that we maintain about them. An EU, UK, Swiss or Brazil individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to email@example.com. If requested to remove data, we will respond within the legally mandated time. (In the EEA, Indicative generally responds within 30 days). Please note that Indicative is a processor of the data contained on the Platform. If You seek to exercise data subject access rights for data processed via the Platform, we ask that You reach out to Indicative’s Clients directly as the controllers of that data.
Under these circumstances, You have rights under data protection laws in relation to Your personal data, as follows:
a) Request access to Your personal data
You have a right to request a copy of the personal data that we hold about You. Please use the contact details at the end of this policy if You would like to exercise this right, or any of the rights listed below. If You are a European resident and consider our use of Your personal data to be unlawful, You have the right to lodge a complaint with the relevant supervisory authority.
b) Request correction of Your personal data
You have the right to request that we correct the personal data we hold about You, although we may need to verify the accuracy of the new information You provide to us as well as possibly Your identity, depending upon Your request.
c) Request erasure of Your personal data
You have the right to request that we delete or remove personal data where there is no good reason for us continuing to process it. Please note that we may not always be able to comply with Your request for erasure if there are specific legal reasons- which will be notified to You at the time of Your request.
d) Object to processing of Your personal data
You have the right to object to the processing of Your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about Your particular situation which makes You want to object to processing on this ground as You feel it impacts on Your fundamental rights and freedoms. You also have the right to 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 information which override Your rights and freedoms.
e) Request restriction of processing Your personal data
You have the right to request that we suspend the processing of Your personal data in the following scenarios: (a) if You want us to establish the data’s accuracy; (b) where our use of the data is unlawful but You do not want us to erase it; (c) where You need us to hold the data even if we no longer require it as You need it to establish, exercise or defend legal claims; or (d) You have objected to our use of Your data but we need to verify whether we have overriding legitimate grounds to use it.
f) Request transfer of Your personal data
You have the right to request that the personal data we hold about You is transferred to You or to a third party. We will provide to You, or a third party You have chosen, Your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for us to use or where we used the information to perform a contract with You.
g) Right to withdraw consent
In circumstances where we are relying on Your consent to process Your personal data, You have the right to withdraw Your consent at any time. However, this will not affect the lawfulness of any processing carried out before You withdraw Your consent. If You withdraw Your consent, we may not be able to provide certain products or services to You. We will advise You if this is the case at the time You withdraw Your consent.
Please also note the following:
No fee usually required
You will not have to pay a fee to access Your personal data (or to exercise any of the other rights). However, under EU law, we may charge a reasonable fee if Your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with Your request in these circumstances.
What we may need from You
We may need to request specific information from You to help us confirm Your identity and ensure Your right to access Your personal data (or to exercise any of Your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact You to ask You for further information in relation to Your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month unless a shorter time period is required by applicable law. Occasionally it may take us longer than a month if Your request is particularly complex or You have made a number of requests. In this case, we will notify You and keep You updated.
Access to Your data
If You are an Indicative Client, You may contact Your client success manager within Indicative (if applicable) or via the settings page when You are logged into Indicative’s Platform. If those options do not work, please reach out to Indicative at firstname.lastname@example.org to see the information we have stored, such as Your name, email, address or phone number. You can also contact us by email to request to see this information.
If You are a job applicant or a vendor or partner of Indicative and have provided this kind of information, You can also contact us via e-mail to request to see the information we have in our systems.
Your information choices and changes
You may opt out of receiving promotional emails from Indicative by following the instructions in those emails. If You opt out, we may still send You non-promotional emails, such as emails about Your Indicative projects or our ongoing business relationship. An individual wishing to limit the use or sharing of their data should contact email email@example.com.
Individuals who have provided information directly to one of Indicative’s Clients must send follow-up requests to change or delete such information to that particular Indicative Client.
Third Party Sites
This Policy does not cover the practices of any websites we do not own or control. To learn about those third parties’ privacy practices, please visit their privacy policies.
8. Contacting Indicative
You can contact Indicative by reaching out to firstname.lastname@example.org. To contact our Data Protection Officer, please reach out to email@example.com
You may contact us by mail:
mParticle Privacy Office
99 Wall Street, Suite 630
New York, NY 10005
EU Data Subjects
EU Data Subjects may contact the Indicative Representative in the EU, ePrivacy
UK Data Subjects
UK Data Subjects may contact the Indicative Representative in the UK, Matt Monks
The Smiths Building
179 Great Portland Street
London, W1W 5PL