This Privacy Statement was updated on December 1, 2022.
Protecting the individual’s privacy is crucial to the future of business. We have created this Privacy Statement to demonstrate our firm commitment to the individual’s right to data protection and privacy. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual.
This Policy describes how we collect information about you, what we do with that information, and also what controls you have over that information in relation to your use of our Site.
A. General Information
Who is the Controller?
The controller for the Site is Litmos US, L.P., 2700 Camino Ramon #200, San Ramon, CA 94583 (“Litmos”), and its data protection officer can be reached at firstname.lastname@example.org.
What “Personal Data” does Litmos collect?
When using the Site, we collect and process the following information about you:
- Information (such as your name, company name, email address, postal address, state/province, country, and telephone number) that you provide by completing forms on the Site, including information about you if you register as a user of the Site, information about you that you upload or submit to the Site, or information you provide to us when requesting information or material from us;
- Information and other details of any transactions made by you through the Site including financial and billing information, account numbers, billing name and address, birth year, credit card number, the total number of employees within the organization that will be using the services and other financial-related information (“Billing Information”) provided by you when making transactions through the Site;
- Information contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site (or its content) or the services;
We may process your personal information that we have obtained from third parties.
Why does Litmos need your Personal Data?
We will collect and use your information as described in this Policy and as permitted by applicable laws, including in circumstances where it is necessary: (i) to provide or fulfil services requested by or for you; (ii) for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into such a contract; (iii) for compliance with a legal obligation to which we are a subject; or (iv) to pursue our legitimate interests.
- To perform the services requested by you. For example, if you fill out a “Contact Me” web form, we will use the information provided to contact you about your interest in the services. This data processing is necessary to provide or fulfil a service requested by or for you.
- To plan and host events. For example, corporate events, host online forums and social networks in which event attendees may participate, and populate online profiles in relation to the services. This data processing is necessary to provide or fulfil a service requested by or for you.
- For marketing purposes. For example, we may use your information to further discuss your interest in the services and to send you information regarding Litmos and our group companies and our partners such as information about promotions, events, products, or services. We will only send you marketing communications and updates about our products, services, and events with your prior consent, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. You can withdraw your consent at any time.
- In order to keep you up-to-date/request feedback. Within an existing business relationship between you and us, we may inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from us. Furthermore, where you have attended a webinar, seminar or event of Litmos or purchased products or services from us, we may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product, or service.
You can object to further marketing at any time by checking and updating your contact details within your account, or/and selecting the “unsubscribe” link located on the bottom of Litmos’s marketing emails. Additionally, you may send a request to email@example.com.
お客様は、いつでも当社に連絡し、お客様に対するダイレクトマーケティングを目的としたお客様の情報の再処理 (かかるマーケティングに関連するプロファイリングを含みます) を拒否する権利を有します。
- For operating and improving Litmos’s Site and your customer experience. For example, we may collect and analyze data on your use of our website and process it for the purpose of improving our online customer experience. Data collected could include data about your device, such as unique device identifiers, information about your mobile phone or other mobile device(s), browser types, browser language, operating system, and the state or country from which you accessed the Site. Data collected could also include information related to the ways in which you interact with the Site, such as referring and exit pages and URLs, platform type, the number of clicks and domain names. This data allows us to understand our customers, their interaction with our website and improve our website to better serve our customers. We may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. Please see our Cookie Statement for more details. Data processing for analytical, operational improvement, and/or customer benchmarking purposes is a legitimate business interest.
- For customizing the Site with location-based information, advertising, and features. For example, if location-tracking on your mobile device shows you are close to a Litmos corporate event, we may reach out to you and let you know you should visit our nearby event. If you access the Site through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. This data processing is necessary to provide or fulfil a service requested by or for you, and can be disabled by you. If you access the Site through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.
- Protection of Litmos and Others. For example, we may disclose your information to: (i) comply with legal obligations; (ii) enforce any agreements that you entered into with us; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) the extent necessary for the purposes of the legitimate interests pursued by us or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subjects. We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law. This is data processing for compliance with a legal obligation.
- 事業の譲渡。例えば、当社は、合併、買収、当社事業の一部もしくは全部の売却、またはかかる取引に関連するデューデリジェンスに伴い、お客様の情報の全てを承継 (又は承継候補) 会社に開示および転送する権利を留保します。当該目的でのデータ処理は正当な事業利益に該当します。
From What Types of Third Parties does Litmos obtain Personal Data?
In most cases Litmos collects Personal Data from you. Litmos might also obtain Personal Data from third parties, if the applicable national law allows Litmos to do so. Litmos will treat this Personal Data according to this Privacy Statement, plus any additional restrictions imposed by the third party that provided Litmos with it or the applicable national law. These third-party sources include:
- Litmos US, L.P. and its subsidiaries’ business dealings with your employer
- From third parties we work closely with (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers).
How long will Litmos store my Personal Data?
Litmos will only store your Personal Data for as long as reasonably necessary to accomplish Litmos’s legitimate business purposes, such as:
- for the performance of services between you and Litmos;
- to make the Site available to you;
- for Litmos to comply with its statutory obligations resulting from applicable export laws;
- to allow you to participate in our corporate events;
- to the conclusion of activities described in this Privacy Statement as being based upon legitimate business interest or until you object against such use;
- to the conclusion of activities described in this Privacy Statement as being based upon consent or until you revoke your consent;
- to fulfill the purposes outlined in this Privacy Statement.
Litmos will also retain your Personal Data for additional periods if it is required by mandatory law to do so, or where your Personal Data is required for Litmos to assert or defend against legal claims. In such case, Litmos will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.
- Companies within the Litmos US, L.P. and its subsidiaries
- Our agents, partners or contractors who assist us in providing the services we offer through our Site. The assistance provided by our agents, partners or contractors may be related to our marketing activities such as: updating marketing lists, data analytics, advertising, market research, participation in a contest or sweepstakes, and receiving and sending communications. Transactional assistance may also be provided by our agents, partners or contractors, including: processing transactions, fulfilling requests for information, billing, sales execution, and fulfilment of orders. Other support services provided may include: data storage, transfer, analysis and processing, legal services, providing IT, and in other tasks as requested, from time to time. Our agents, partners and contractors will only use your information to the extent necessary to perform their functions under this Policy and are subject to contractual restrictions prohibiting them from using your information for any other purpose.
- To protect Litmos and others: We may disclose any of your information to:
(i) comply with legal process; (ii) enforce any agreements that you entered into with us; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) the extent necessary for the purposes of the legitimate interests pursued by us or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subjects. We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.
As part of a global group of companies operating internationally, Litmos has affiliates and third-party service providers outside of the European Economic Area (the “EEA”) or from a region with a legal restriction on international data transfers and will transfer your Personal Data to countries outside of the EEA. If these transfers are to a country for which the EU Commission has not issued an adequacy decision, Litmos uses the EU standard contractual clauses to contractually require that your Personal Data receives a level of data protection consistent with the EEA. You can obtain a copy (redacted to remove commercial or irrelevant) of such standard contractual clauses by sending a request to firstname.lastname@example.org. You can also obtain more information from the European Commission on the international dimension of data protection here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_fr
You can request from Litmos: access at any time to information about which Personal Data Litmos processes about you and the correction or deletion of such Personal Data.
If Litmos uses your Personal Data based on your consent or to perform a contract with you, you can further request from Litmos a copy of the Personal Data that you have provided to Litmos. In this case, please contact email@example.com and specify the information or processing activities to which your request relates, the format in which you would like to receive this information, and whether the Personal Data should be sent to you or another recipient. Litmos will carefully consider your request and discuss with you how it can best fulfill it.
Furthermore, you can request from Litmos that Litmos restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data Litmos has about you is incorrect, subject to the time Litmos requires to check the accuracy of the relevant Personal Data, (ii) there is no legal basis for Litmos processing your Personal Data and you demand that Litmos restricts your Personal Data from further processing, (iii) Litmos no longer requires your Personal Data but you state that you require Litmos to retain such data in order to claim or exercise legal rights or to defend against third party claims, or (iv) in case you object to the processing of your Personal Data by Litmos based on Litmos’s legitimate interest (as further set out below), subject to the time required for Litmos to determine whether it has a prevailing interest or legal obligation in processing your Personal Data.
Please note, however, that Litmos can or will delete your Personal Data only if there is no statutory obligation or prevailing right of Litmos to retain it. Kindly note further that if you request that Litmos deletes your Personal Data, you will not be able to continue to use any Litmos service that requires Litmos’s use of your Personal Data.
Please direct any requests to exercise your rights to firstname.lastname@example.org.
How will Litmos verify requests to exercise data protection rights?
Litmos will take steps to ensure that it verifies your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise. When feasible, Litmos will match Personal Data provided by you in submitting a request to exercise your rights with information already maintained by Litmos. This could include matching two or more data points you provide when you submit a request with two or more data points that are already maintained by Litmos.
Litmos will decline to process requests that are manifestly unfounded, excessive, fraudulent, or are not otherwise required by local law.
Right to lodge a complaint. If you take the view that Litmos is not processing your Personal Data in accordance with the requirements in this Privacy Statement or under applicable data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where Litmos has its registered seat.
Can you use Litmos’s Site if you are a minor?
Children. In general, the Site is not directed to users below the age of 16 years, or equivalent minimum age in the relevant jurisdiction. If you are younger than 16, or the equivalent minimum age in the relevant jurisdiction, you cannot register with or use the Site.
Why does Litmos need to use my Personal Data and on what legal basis is Litmos using it?
Litmos requires your Personal Data to deliver goods or services you order under a contract Litmos has with you, to establish a contract for goods or services between you and Litmos, and to send you invoices for ordered goods or services.
Additionally, Litmos requires your Personal Data to provide you, at your request, with access to Litmos events or Litmos materials such as whitepapers. Litmos processes Personal Data to fulfill contractual obligations pursuant to Article 6(1), Subparagraph 1(b) GDPR, or the equivalent article under other national laws, when applicable.
Litmos and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, Litmos is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through Litmos’s websites or other delivery channels controlled by Litmos. This could include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to Litmos’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match. Any such use of your Personal Data is based on the permission to process Personal Data in order to comply with statutory obligations (Article 6 para. 1 lit. c GDPR or the equivalent articles under other national laws, when applicable) and Litmos ‘s legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent articles under other national laws, when applicable).
Processing based on Litmos’s legitimate interest
Litmos can use your Personal Data based on its legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent articles under other national laws, when applicable) as follows:
- Fraud and Legal Claims. If required, Litmos will use your Personal Data for the purposes of preventing or prosecuting criminal activities such as fraud and to assert or defend against legal claims.
- Questionnaires and survey. Litmos could invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any data that can be used to identify you. If you nonetheless enter such data in a questionnaire or survey, Litmos will use this personal data to improve its products and services.
- Contract Performance. If you purchase or intend to purchase goods or services from Litmos on behalf of a corporate customer or otherwise be the nominated contact person for the business relationship between a corporate customer (a “Customer Contact”) and Litmos, Litmos will use your Personal Data for this purpose. This includes, for the avoidance of doubt, such steps which are required for establishing the relevant business relationship. In case that an existing Customer Contact informs Litmos that you are his replacement, Litmos will, from the point in time of such notification, consider you to be the relevant Customer Contact for the respective customer until you object as further set out below.
- Creation of anonymized data sets. Litmos will anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.
- Personalized Newsletter. If you opt-in to receive marketing communications such as newsletters from Litmos, Litmos will collect and store details of how you interact with the newsletters to help create, develop, operate, deliver and improve our newsletter communications with you. This information is aggregated and used to help Litmos provide more useful information and to understand what is of most interest.
- Recordings for quality improvement purposes. In case of telephone calls or chat sessions, Litmos will record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of Litmos’s services.
- To keep you up-to-date or request feedback. Within an existing business relationship between you and Litmos, Litmos might inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from Litmos. Furthermore, where you have attended a webinar, seminar or event of Litmos or purchased products or services from Litmos, Litmos might contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.
Right to Object
You can at any time object to Litmos’s use of your Personal Data as set forth in this section by sending an email to email@example.com. In this case, Litmos will carefully review your objection and cease further use of the relevant information, subject to Litmos’s compelling legitimate grounds for continued use of the information, which override your interest in objecting, or if Litmos requires the information for the establishment, exercise or defense of legal claims.
C. Cookies and Similar Tools
Information gathered by cookies or similar technologies, and any use of such information, is further described in Litmos’s Cookie Statement. You can exercise your cookie preferences as outlined in Litmos’s Cookie Statement by visiting the “Cookie Preferences” link in the bottom footer of the homepage.
D. Additional Country and Regional Specific Provisions
Where Litmos is subject to certain privacy requirements in the United States, the following also applies:
U.S. Children’s Privacy. Litmos does not knowingly collect the Personal Data of children under the age of 13. If you are a parent or guardian and believe Litmos collected information about a child, please contact Litmos as described in this Privacy Statement. Litmos will take steps to delete the information as soon as possible. Given that Litmos is not directed to users under 16 years of age and in accordance with the disclosure requirements of the CCPA, Litmos does not sell the Personal Data of any minors under 16 years of age.
Where Litmos is subject to certain privacy requirements in the United States in the State of California, the following also applies:
You have the right:
- to request from Litmos access to your Personal Data that Litmos collects, uses, or discloses about you;
- to request that Litmos delete Personal Data about you;
- to non-discriminatory treatment for exercise of any of your data protection rights; and
- in case of request from Litmos for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance.
In accordance with the disclosure requirements under the California Consumer Privacy Act (“CCPA”), Litmos does not and will not sell your Personal Data.
In accordance with the verification process set forth in the CCPA, Litmos will require a more stringent verification process for deletion requests, or for Personal Data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. If Litmos must request additional information from you outside of information that is already maintained by Litmos, Litmos will only use it to verify your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.
In addition to contacting Litmos at firstname.lastname@example.org, you may also exercise your rights as follows. You can designate an authorized agent to submit requests to exercise your data protection rights to Litmos. Such authorized agent must be registered with the California Secretary of State and submit proof that you have given authorization for the agent to act on your behalf.
Have additional privacy questions or need further info?
If you have any questions, comments, or concerns regarding this Policy or Litmos’s privacy practices, they may be submitted via email to email@example.com, or in writing by addressing your inquiries to:
Litmos US, L.P.
2700 Camino Ramon, #200
San Ramon, CA 94583