Terms of Service

Updated and effective as of: June 1, 2018

This Privacy Policy explains how Sightly Enterprises, Inc. and its subsidiaries (“Sightly,” “we,” “us,” and “our”) collect, use, and share information and the options available to you. If you have any questions, you may contact us. See the “Contacting Us” section below.  We may change this Privacy Policy from time to time. Please consult this Privacy Policy regularly for updates. See “Changes to this Privacy Policy” below for more information.  You acknowledge and agree that you accept the practices described in this Privacy Policy by visiting or using our Services.

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy covers the information that we may collect or receive through all digital formats (including the Internet and mobile): (1) from users who: visit www.sightly.com and other websites owned and operated by us (including our career pages), use our software applications, use our social media pages, and receive email messages from us and send email messages to us;  (2) through our technology and platform used by our clients, our clients’ users and representatives, and third parties; and (3) from our business clients who provide us with information about their users, and from our third party service providers (collectively, the “Services”). 

This Privacy Policy does not cover, and we are not responsible for, the privacy, data or other practices of any third parties (except as required by applicable law), such as our clients and service providers, including our lead management providers, our analytics providers, our storage providers, and other service providers. See “Third Parties” below for more information. 

Choice and Opting Out: see “Choices” below for information about your choices regarding opting out of email marketing communications from Sightly, opting out of Sightly’s cookies, opting out of interest-based advertising from third parties’ cookies, opting out of third party interest-based advertising in mobile applications, opting out of third party cross-device targeting, and opting out of use of precise location. 

Access and Rights: see “Access and Rights regarding Personal Information” below for information about how to be informed, the right to data portability, the right to object, the right to lodge a complaint with your supervisory authority, your rights in relation to automated decision making and profiling, and the right to access, rectification, erasure, and restrict the processing of, the personal information that Sightly maintains about you.

International Transfers: see “Consent to International Information Transfers” below for information on the transfer of your personal data. 

COLLECTION OF INFORMATION

We and our third party service providers may collect personal information from you through the Services, including the following:

  •  your name,
  •  your user name,
  •  your email address,
  •  your photo, 
  •  your phone number, and
  • other personal information provided by you.

For example, we collect your personal information when:

  •  you request information about the Services, 
  •  you request access to our resources, 
  •  you download our media kit, 
  •  you sign up to use the Services as a client of our Services, 
  •  you create a user profile as an employee or agent of a client where the client has given you access to our Services, 
  •  you apply for a job at Sightly by emailing us through our career pages, or
  • you provide the information to us.

The decision to provide this information is optional. However, if you elect not to provide such information, you may not be able to access all of the information you had requested to access or use. If you have a profile with one of our clients, you have the ability to manage and make changes to your profile information. See “Access and Rights regarding Personal Information” for more information about managing your profile. 

We and our third party service providers may also collect other information that is linked or reasonably linked to a particular computer or device. This information includes the following:

  • browser information, including browser type;
  • device information, including screen dimensions, device brand and model;
  • time spent on the Services and your activities on the Services, pages and URLs visited, referring pages and apps, and other anonymous traffic data; 
  • your location data as derived from IP address;
  • unique identification numbers, including IP address and mobile device identifier; 
  • information provided by you; and 
  • aggregated information.

Our clients may also collect information about you that they choose to pass to us directly through our Services.

We, our clients, and our third party service providers may collect this information in a variety of ways, including through: your browser or device; your mobile device identifier; your use of our Services and their services and applications; the use of pixel tags, cookies, and other similar technologies; your IP address; and the aggregation of information (see Cookies and Similar Technologiesbelow). 

Collection of Job Applicant Data

We may collect the following information from you in connection with your job application that you provide to us:

  • name, address, telephone number, e-mail address, and other contact information;
  • username and password;
  •  work authorization status;
  •  CV, résumé, cover letter, previous work experience and education information;
  • skills;
  • professional and other work-related licenses, permits and certifications held;
  •  information relating to references;
  • background information through background checks; and
  •  any other information you elect to provide to us (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards or professional memberships).

We ask that you avoid submitting the following sensitive information, except where such information is legally required: race, color, sex, gender identity, sexual orientation, nationality, national origin, ethnic origin, religion, beliefs or creed, age, disability, marital status, veteran status, genetic information, or trade union membership information.

To the extent the personal information you provide contains details of your: racial or ethnic origin; political opinions or beliefs; religious beliefs; membership in a trade union or political party; physical or mental health or condition; sexual orientation; commission (or alleged commission) of an offence or related proceedings; job evaluations or educational records, you expressly authorize Sightly to handle such details for the purposes of your job application.

Any information you submit through the career pages of the Services (including via email) must be true, complete and not misleading. Submitting inaccurate, incomplete, or misleading information may lead to a rejection of your application during the application process or disciplinary action including immediate termination of employment. In addition, it is your responsibility to ensure that information you submit does not violate any third party’s rights.

If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing the information to us.

We may also obtain information about you from your references or from a background check report in connection with your application, as permitted by applicable law.

USE OF INFORMATION

We and our third-party service providers may use personal information (such as name and email address) collected from the Services:

  •  to respond to your inquiries and fulfill your requests,
  •  to send administrative information to you,
  •  to allow our clients to view activity of their team members in a given account, 
  •  to provide our clients with analytics and tools regarding the optimization of their campaigns,
  • to send you communications that we believe may be of interest to you, including any communications for marketing purposes related to the Services,
  • for our business purposes, such as data analysis, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, and determining the effectiveness of our campaigns, with respect to job applicants: to process your employment application; to assess your capabilities and qualifications for a job; to conduct reference checks; to respond to your inquiries and communicate with you about your application, and to send you information regarding the career pages and changes to our terms and policies; to comply with or monitor compliance with any applicable law or regulation; and to conduct background checks if we offer you a position, as permitted by applicable law, and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. 

We and our third party service providers may use other information from the Services that is linked or reasonably linked to a particular computer or device:

  • to ensure the Services function properly,
  • to operate, improve, analyze and manage the Services, including providing analytics and tools to our clients regarding the optimization of their campaigns,
  • to track your use of the Services to improve the design and functionality of the Services,
  • to measure and report on the success of marketing campaigns,
  •  for third parties’ advertising purposes, such as using an identifier for ad delivery and reporting across websites, online services, and apps over time,
  • to provide you with personalized location-based services and content through the use of your device’s physical location (where permitted by law),
  •  to diagnose server problems and administer the Services via your IP Address (a number automatically assigned to the computer or device that you are using by your internet service provider), and
  •  as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. 

We may partner with certain third parties to collect other information to engage in analysis, research, and reporting, including Google Analytics. Those third parties may deliver advertising to you on other websites that may be of interest to you based on your activity on our website and other websites. These third parties may set and access cookies on your computer or other devices and may also use web logs or web beacons. See “Cookies and Similar Technologies.” 

In some instances, we may combine information from the Services that is linked or reasonably linked to a particular computer or device with personal information. If we combine such information with personal information, the combined information will be treated by us as personal information as long as it is combined.

COOKIES AND SIMILAR TECHNOLOGIES

We use cookies in connection with our Services. A cookie is a small data file that we store on your computer’s or mobile device’s memory. Some cookies help you navigate our Services, including setting a cookie to remember your login details. Other cookies collect information about how you use our Services, which highlights areas we can improve, including navigation. If you submit an inquiry through our website and provide your name and email and similar information, that personal information will not be tied back to you for interest-based advertising purposes across websites and applications, however, you may receive email marketing communications from us and you may receive interest-based advertising from third parties who drop cookies on our Services.  To opt out of marketing communications and to opt out of third parties’ cookies used for interest-based advertising, see “Choices.” 

We may also use “pixel tags,” “web beacons”, “clear GIFs” or similar means (individually or collectively “Pixel Tags”) to analyze usage patterns of consumers. A Pixel Tag is an electronic image, often a single pixel, which is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a webpage or in a mobile application and may be associated with cookies on your hard drive. Some Pixel Tags are used to drop cookies on users’ devices. Pixel Tags allow us to count users who have visited certain websites and applications, and pages within such websites and applications, and to help determine the effectiveness of promotional campaigns. 

Third parties may also use cookies or similar technologies on visitors of our websites to serve  interest-based advertisements to such visitors when they visit other websites and mobile applications, including advertisements promoting our Services. To opt out of interest-based advertising from third parties’ cookies see “Choices.”

Your browser may offer tools to enable or disable cookies by modifying the settings in your browser. However, please note that certain features of the Services may not work if you delete or disable cookies. 

To read more about cookies and your choices with regard to Sightly’s and third parties’ uses of cookies, please see “Choices.”

Sightly does not track users for targeted advertising and therefore we do not respond to  “Do Not Track” headers and similar mechanisms.

INFORMATION SHARING

Your personal information (such as name and email address) collected from the Services may be shared:

  • among our affiliates for the purposes described in this Privacy Policy (Sightly Enterprises, Inc. is the party responsible for the management of the information jointly used by it and its affiliates),
  • with our third-party service providers who provide services such as lead management, lead form hosting and storing, email management, customer relationship management, campaign measurement, marketing analytics, and other services,
  •  with our third-party service providers who provide services relating to our career pages, recruiting, background check processing and similar services,
  •  directly by you on profile pages and blogs and other services to which you are able to post information and materials yourself (including, without limitation, our social media pages),
  •  with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), and
  •  as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. 

We and our third party service providers may share other information from the Services that is linked or reasonably linked to a particular computer or device:

  •  among our affiliates for the purposes described in this Privacy Policy (Sightly Enterprises, Inc. is the party responsible for the management of the information jointly used by it and its affiliates),
  • with our clients to allow them to analyze the effectiveness and performance of our Services,
  • with our third-party service providers who provide services that enhance our Services, including analytics vendors, and cloud storage vendors,
  •  with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. 

We may also share and disclose other information that we collect, including aggregate information, as we consider necessary to develop and provide our Services, including in the ways described above in this section “Information Sharing.” 

We provide our service providers with only the information necessary for them to perform the services we request. We ask our service providers to confirm that their privacy and security practices are consistent with applicable law. We also ask our service providers not to use such information for any purpose other than as specified by Sightly.

Sightly may offer online resources that facilitate communications among the Sightly client community and others. Whenever you voluntarily post information to any public forum offered by Sightly, such information along with your user name can be accessed by other users of the forum, including members of the public if the forum is open to the public.

LEGAL BASIS RELIED ON FOR PROCESSING PERSONAL INFORMATION OF EUROPEAN ECONOMIC AREA INDIVIDUALS 

Sightly Enterprises, Inc. is a data controller with respect to the personal data collected or received by us from individual users in the Services. We may also be a data processor with respect to personal data collected or received by us on behalf of our business clients who are data controllers. Depending on the data processed, we rely on various legal bases for the processing. We may process personal information (such as your name and email address) with your consent or to fulfill our obligations under our contract with our business clients, such as our obligation to give our business clients’ users access to our Services that our clients’ contracted for. On certain occasions, we rely on the consent of the individual to process personal information (for example, in some jurisdictions, when the user inputs personal information into the Services and consents to receive marketing communications). On other occasions we may rely on legitimate interest as a basis for processing, when it is in our legitimate interests to do so and when these interests are not overridden by the individual’s data protection rights. Those legitimate interests include performing our obligations with respect to providing the Services and improving our Services.

RETENTION 

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, or an individual requests deletion in accordance with applicable law.  See “Access and Rights regarding Personal Information.” 

CHOICES

Opting Out of Marketing

We give you choices regarding our use and disclosure of your personal information for marketing purposes. You may opt-out from receiving electronic communications from us (or opt in, if required by applicable law). If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing related emails by contacting us at privacy@sightly.com or by clicking on the opt-out link within the email message that you receive from us.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still be required to send you administrative messages relating to the Services from time to time. 

Opting Out of Sightly’s cookies

You may disable cookies, including Sightly’s cookies, by modifying the settings in your browser.  However, please note that certain features of the Services may not work if you delete or disable cookies. 

For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu

Opting Out of Interest-Based Advertising from Third Parties’ Cookies

Some third parties who use cookies when you visit our websites have opt out mechanisms either directly from their website or through an industry-developed web page. If you go to optout.aboutads.info or www.aboutads.info/choices, you can learn how to exercise choice regarding the collection of information about your online activities over time and across multiple third-party websites, online services, devices, and applications for interest-based advertising purposes.

You may opt-out of the aggregation and analysis of data collected about you on our Services by Google (our web analytics provider) by visiting https://tools.google.com/dlpage/gaoptoutand downloading and installing the Google Analytics Opt-out Browser Add-on.

For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

Opting Out of Third Party Interest-Based Advertising in Mobile Applications

To opt out of third parties’ interest-based advertising that takes place through mobile applications, please see the following instructions on utilizing your mobile device operating system’s opt-out settings.

For iPhone/iOS users: For instructions on how to “Limit Ad Tracking” on the iOS, please visit this link or see the instructions below:

1.      Go to “Settings” > “Privacy” > “Advertising.”

2.      Turn on “Limit Ad Tracking.”

For Android users: For instructions on how to opt out of interest-based ads in the Android OS, please visit this link or see the instructions below:

1.      Open Google settings on your device (may be an app called Google Settings or an entry in your phone’s Settings menu, depending on your device)

2.      Tap “Ads”

3.      Switch on “Opt out of interest-based ads” or “Opt out of Ads Personalization.”


Opting Out of Third Party Cross-Device Targeting

Our clients and third parties may combine and use information from websites or applications on your current browser or device with information from your other browsers or devices for advertising purposes. To opt out of such practices, please follow the instructions above for opting out on each of your browsers and on each of your mobile devices, including: “Opting Out of Interest-Based Advertising from Third Parties’ Cookies” and “Opting Out of Third Party Interest-Based Advertising in Mobile Applications.” 

Please note that you will need to opt out separately on (1) each of your browsers and (2) each of your mobile devices to ensure that information collected on a particular browser or device is not used on another browser or device.

Opting Out of Use of Precise Location

To disable the collection of precise location information from your mobile device through mobile applications, you can access your mobile device settings and choose to limit that collection.

Android: For Android 6.0 and above: you can modify privacy settings in Settings > Applications > App Permissions > Location and tap the on/off toggle switch next to Location for each app which has permission to use your location data. For earlier versions of Android: you can modify privacy settings in Settings > More > Permission and tap the on/off toggle switch next to Location to turn location functions off for your device. Alternatively, you may uninstall the relevant program(s).

iOS:   In iOS you can modify privacy settings in Settings > Privacy. You can select location data from this list to see which apps have asked for permission to use your location data.

ACCESS AND RIGHTS REGARDING PERSONAL INFORMATION

Any user who has a profile with one of our clients has the ability to manage and make changes to their profile information. 

If you reside outside the European Economic Area and Switzerland, you may also contact us at privacy@sightly.com to review, correct, update, suppress, or delete the personal information that Sightly maintains about you, or to request a copy of your personal information held by us. 

If you are a resident of the European Economic Area, including Switzerland, you are provided specific legal rights in regard to the handling of your information. You have the following rights with respect to your personal information:

• The right to be informed,
• The right of access,
• The right to rectification,
• The right to erasure,
• The right to restrict processing,
• The right to data portability,
• The right to object,
• The right to lodge a complaint with a supervisory authority, and
• Rights in relation to automated decision making and profiling.

To exercise these rights as a resident of the European Economic Area, including Switzerland, email us at privacy@sightly.com

To opt out of receiving marketing communications from us, please see “Choices.” 

To opt out of Sightly’s cookies, see “Choices.”

To opt out of interest-based advertising from third parties’ cookies, see “Choices.”

To opt out of third party interest-based advertising in mobile applications, see “Choices.”

To opt out of third party cross-device targeting, see “Choices.”

To opt out of the use of precise location, see “Choices.”

THIRD PARTIES

This Privacy Policy does not cover, and we are not responsible for, the privacy, data or other practices (including security) of any third parties (except as required by applicable law), including any third parties operating any site or service to which our Services link, our clients and service providers, app developers, app providers, ad servers, social media platform providers, operating system providers, wireless service providers and device manufacturers, including any personal information you disclose to other organizations through or in connection with the Services. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. These third parties are bound by their own privacy policies.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose to us, any sensitive information (e.g., social security numbers or other government identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, medical or health conditions, criminal background, trade union membership, or sexual orientation) on or through the Services or otherwise to us, except where such information is legally required.

SECURITY

Information that we collect is stored using procedures and practices reasonably designed to help protect from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information transmitted, stored or otherwise processed by us. 

CONSENT TO INTERNATIONAL INFORMATION TRANSFERS

Please be aware that the information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. Please be advised that we process and store information in any country where we have facilities and/or employees, including the United States, and in countries in which we engage service providers (for example, vendors who provide us with lead management services or vendors who provide web analytics services). Your consent to this Privacy Policy or your use of or access to any of the Services or your submission of your information to us, represents your consent to such transfer, storage and processing outside of your country of residence, including the United States and in other countries of our service providers, which may have different data protection rules than those of your country of residence. If you do not want your information to be transferred outside your jurisdiction, you should not use or access our Services.

For residents in the European Economic Area, including Switzerland (“EEA”), as described above we transfer the information and use service providers based outside the EEA to provide our Services to you. We take steps to ensure that where your information is transferred outside the EEA by our service providers, appropriate measures and controls are in place to protect that information in accordance with applicable data protection laws and regulations. In each case, we ask our service providers to transfer and process the personal information in accordance with the requirements of the EU General Data Protection Regulation (GDPR). In some instances, the transfer may be based on the use of the European Commission’s Standard Model Clauses for transfers of personal data outside the EEA.

USE OF SERVICES BY MINORS

Our Services are not intended for, nor directed to, individuals who are minors under applicable law. We request that these individuals, who are considered minors under applicable law, do not provide personal information through, or otherwise use, any of the Services. 

CHANGES TO OUR PRIVACY POLICY

We reserve the right to make changes to our Privacy Policy. Please look at the date at the top of this page to see when this Privacy Policy was last revised. Where required by law, we will obtain your consent to make these changes.

CONTACT US

If you have any questions about this Privacy Policy or our privacy practices, you may contact us via email at privacy@sightly.com or via mail at:

Sightly Enterprises, Inc.
11848 Bernardo Plaza Court #110
San Diego, CA 92128
USA

©2019 Sightly All Rights Reserved

©2019 Sightly All Rights Reserved

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