Effective: May 25, 2018
2. NOTICE TO END USERS
3. DATA WE COLLECT AND RECEIVE
3.1 Client Data
- Client Data is governed by the Client Agreement. Client Data may include User Information, Hosted Data, or any Client Data otherwise defined in the Client Agreement. If you have any questions about your Personal Data with respect to Client Data, please contact the Client whose instance of the Services you use.
- User Information. To use certain features of the Services or interact with the Client and/or the Client’s brand, products, or services, you may provide us with data about you, such as:
- your name
- email address
- phone number
- form field responses
- unique identifier
- social media account and profile information
- avatar or profile page
- user name
- screen name
- profile description
- age range
- geographic region or location
- publicly shared content (text, image, video, etc.)
- any other applicable Personal Data that may identify you individually
- Hosted Data. When you use or interact with the Services, we may collect, process, and store any data that is created, posted, uploaded, stored, displayed, transmitted, or submitted on or through the Services (collectively, “Hosted Data”), as a function of rendering the Services. Hosted Data may contain Personal Data to the extent you disclose Personal Data on or through the Services. Telescope is generally a passive recipient and takes no active part in collecting or storing Hosted Data. Except to the extent necessary to render the Services or related support for the Services, Telescope does not purposefully access any Hosted Data.
3.2 Other Information
- Telescope may collect Other Information from you related to your usage of the Services and interactions with Telescope. Other Information may include Metadata, Log Data, Technical Data, Cookie Data, Third Party Services, and Additional Information Provided to Telescope. If you have any questions about your Personal Data with respect to Other Information, please contact Telescope at firstname.lastname@example.org.
- Metadata. When you interact with the Services, metadata is generated that provides additional context about the Services and the way you use the Services (“Metadata”). Telescope collects aggregated Metadata of the Services, so that the resulting data and statistics are not personally identifiable to any individual user.
- Log Data. Like most websites and web-based technology services, our servers automatically collect data when you access or use our Websites or the Services and record it in log files (“Log Data”). The Log Data may include your Internet Protocol (“IP”) address, Internet service provider (“ISP”), browser type and settings, information about browser plugins, language preference, default email application, referring/exit websites, operating system, date and time stamp, cookie data, and certain user activities.
- Technical Data. Telescope collects technical data, such as information about devices accessing the Services, including the type of device, device settings, operating system, application software, peripherals, and unique device identifiers (“Technical Data”). Technical Data does include any Personal Data and Telescope does not relate any Technical Data to any individual user.
- Third Party Services. Clients may choose to integrate with, and some Services are reliant upon integrations with, Third Party Services. Third Party Services may share certain data with Telescope to effectuate the integration. You should check the privacy settings and notices of these Third Party Services to understand what data may be disclosed to Telescope. When the Services are integrated with Third Party Services to enhance the Services (e.g., Facebook, Twitter, Instagram, etc.), we may receive data regarding your credentials for and use of the applicable Third Party Services, such as your user name, your unique identifier, and your information transmitted from or made available with permissions by such Third Party Services (e.g., avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.). When the Services are integrated with Third Party Services for the login and authentication process (e.g., Google Sign-In, Facebook Login, Sign in with Twitter, OneLogin, etc.) and you log in to the Services using a Third Party Services authenticator, we may receive data regarding your credentials for the applicable Third Party Services, such as your log-in, your user name, your email, your unique identifier, profile picture, and your information transmitted from or made available with permissions by such Third Party Services (e.g., avatar or profile image, screen name, profile description, gender, age range, language, geographic region or location, publicly shared content (text, image, or video), etc.).
- Additional Information Provided to Telescope. Telescope receives data when submitted on our Websites or through our Services, or if you contact us (e.g., by email, telephone, written correspondence, web based forms, or otherwise), request support, apply for or take a job with us, contract with us, interact with our social media accounts, or otherwise communicate with us.
3.3 No Sensitive Personal Data
- Telescope does not intentionally collect, process, or store, and we request that you do not post, upload, store, display, transmit, or submit Sensitive Personal Data on or through the Services or in Client Data. “Sensitive Personal Data” includes, but is not limited to, government-issued identification numbers; financial account numbers; credit or debit card numbers; any code or password that could be used to gain access to personal accounts; genetic data or biometric data; any Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or data concerning health or sex life or sexual orientation. Telescope is not responsible and will not be liable for any loss or damages you or another individual may experience due to your disclosure of Sensitive Personal Data while using the Services.
3.4 No Children’s Data
- The Services are generally not directed to or intended for children without parental or guardian consent. Telescope does not intentionally collect, process, or store any Personal Data from any person under 13 years of age without verifiable parental consent. In the event we discover we have inadvertently collected, processed, or stored any Personal Data from a person under 13 years of age, we will promptly take the appropriate steps to delete such data or seek the necessary verifiable parental consent for that collection in compliance with the Children’s Online Privacy Protection Act (“COPPA”).
4. HOW AND WHY WE USE DATA
Client Data will be used by Telescope in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of Services functionality, and as required by applicable law. The Client may, for example, use certain self-service Services to configure settings, access, modify, share, restrict, export, and remove Client Data and otherwise apply its own policies to the Services.
Other Information will be used by Telescope in furtherance of our legitimate interests in operating our business and providing the Websites and Services, to perform contractual obligations, and/or pursuant to your express consent for a specific purpose. Specifically, Telescope may use Other Information for these purposes and legal bases:
- Providing the Websites and Services. To make the Websites available and support delivery of the Services under a Client Agreement, manage user requests interacting with the Services (e.g. login and authentication, remembering settings, etc.), hosting and back-end infrastructure, analyze and monitor usage, monitor and address service performance, security, and technical issues.
- Improving the Websites and Services. To test features, manage landing pages, heat mapping, traffic optimization, data analysis and research, including profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this.
- Support Services. To respond to support requests and otherwise provide support for and resolve problems with the Services.
- Communications. To send service, technical, and administrative emails, messages, and other communications. Service-related communications and notices, such as maintenance and security announcements, are essential to delivery of the Services and you cannot opt-out. Marketing communications about new product features, service offerings, and other news about Telescope are optional and you have the choice whether or not to receive them.
- Account Management. To contact for billing, account management, feedback, and other administrative matters.
- Security Purposes. To maintain adequate security and help prevent and investigate security issues and abuse.
- Legal Obligations. To comply with legal obligations as required by applicable law, legal process, or regulations.
5. HOW WE SHARE AND DISCLOSE DATA
- Client’s Instructions. Telescope will share and disclose Client Data, including Personal Data, in accordance with the Client’s instructions, including any applicable terms in the Client Agreement and the Client’s use of the Services functionality, and as required by applicable law. Pursuant to the Client Agreement, Client Data is generally treated as the confidential information of the Client unless stated otherwise.
- Client Access. The Client and the Client’s representatives and personnel may be able to access, modify, or restrict access to your data, including Personal Data. For example, the Client may access and use your Personal Data for the purposes upon which you shared your Personal Data on or through the Services.
- Displaying the Services. When you submit data on the Services, it may be displayed to the Client and/or others depending on the platform. For example, a user’s image uploaded to add the Client’s branding may be displayed in the Client’s public gallery, or a user’s vote submitted by a hashtag in a tweet may be publicly displayed on Twitter. You are solely responsible for all data you post, upload, store, display, transmit, or submit on the Services, including Personal Data, and the consequences thereof. Telescope is not responsible and will not be liable for the data disclosed on the Services.
- Rendering the Services. Telescope employees and contractors may have access to your data on a need to know and confidential basis to the extent necessary to render the Services and related support for the Services.
- Third Party Services. Clients may choose to integrate with, and some Services are reliant upon integrations with, Third Party Services. Telescope may share certain data with such Third Party Services as requested to effectuate the integration. Third Party Services are not owned or controlled by Telescope and Third Parties Services that have been granted access to your data may have their own policies and practices for its collection and use. You should check the privacy settings and notices of these Third Party Services to understand their privacy practices.
- Changes to Telescope’s Business. If Telescope engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of its assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), Telescope may share or disclose data in connection therewith, subject to standard confidentiality obligations.
- Aggregated or De-identified Data. If any data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use or disclose such aggregated or de-identified data for any purpose. For example, we may share aggregated or de-identified data with prospects or partners for business or research purposes, such as statistical analysis, to research trends and predictive analysis, or to develop or improve the Services.
- Enforcement of Agreements. Telescope may disclose data to ensure compliance with and enforce Client Agreements and any other contractual or legal obligations with respect to the Services and our business. For example, we may share or disclose data to comply with or enforce the Client’s terms and conditions or other applicable rules set for a Service, such as for contests, sweepstakes, promotions, games, etc.).
- Protection of Rights. Telescope may disclose data to protect and defend our rights and property, including intellectual property rights, and to ensure compliance with applicable laws and enforce third party rights, including intellectual property and privacy rights.
- Legal Compliance. If we are compelled by law, such as to comply with a subpoena, court order, or other lawful process, or in response to a lawful request by public authorities to meet national security or law enforcement requirements, Telescope may disclose data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.
- Safety and Security. Telescope may disclose data to protect your safety and security; to protect the safety, security and property of Clients; and to protect the safety, security, and property of Telescope and our employees, agents, representatives, and contractors.
- Your Consent. Telescope may disclose your data to third parties when we have your express consent to do so. For example, if you affirmatively consent and opt-in to the Client’s partner’s marketing messages, we will share your data with such Client’s partner only for that purpose.
7. SECURITY MEASURES
Telescope maintains physical, technical, and administrative procedures to safeguard and secure the data we collect. We work hard to protect data in our custody and control from loss, misuse, and unauthorized access, use, disclosure, modification, or destruction. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure, and we cannot guarantee that unauthorized access, hacking, data losses, or other breaches will never occur. You provide Personal Data at your own risk. If you believe your privacy has been breached, please contact us immediately at email@example.com.
8. IDENTIFYING THE DATA CONTROLLER AND DATA PROCESSOR
Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of data. In general, the Client is the controller of Client Data. In general, Telescope is the processor of Client Data and the controller of Other Information.
9. INTERNATIONAL DATA TRANSFERS
9.1 EU-U.S. Privacy Shield Frameworks
- Telescope has further committed to refer unresolved Privacy Shield-related complaints to JAMS, an independent dispute resolution provider located in the United States. If you do not receive a timely acknowledgement of your Privacy Shield-related complaint from Telescope, or if we have not satisfactorily resolved your complaint or addressed your concern, please contact JAMS to file your complaint, at no cost to you. To contact JAMS and/or learn more about JAMS dispute resolution services, including instructions for submitting a complaint, please visit: https://www.jamsadr.com/eu-us-privacy-shield. Under certain limited situations, as a last resort, you may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
- Human resources data including Personal Data in the context of the employment relationship is subject to internal human resource policies. Telescope commits to cooperate with the panel established by the European Union data protection authorities (DPAs) and comply with the advice given by such authorities regarding human resources data transferred from the European Union member states to the United States in the context of an employment relationship as set forth in the Privacy Shield principles.
9.2 Standard Contractual Clauses
- The transfer of Personal Data from the European Union member countries to the United States will be subject to Privacy Shield and then, if Privacy Shield is deemed to be inadequate by European Union data protection laws, will be subject to the Standard Contractual Clauses for the transfer of Personal Data from Controller to Processor (“Standard Contractual Clauses”) between Telescope and the Client. The Standard Contractual Clauses will also apply to the transfer of Personal Data from the European Union member countries to any country deemed by applicable data protection laws not to ensure an adequate level of data protection.
10. YOUR RIGHTS
Individuals located in certain countries and jurisdictions have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to exercise your rights and request certain actions with respect to your Personal Data.
10.1 General Privacy Rights
- Telescope is committed to maintain accurate information that you share with us and will use commercially reasonable efforts to allow you to access your Personal Data. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Data. To request this information or if you wish to access, modify, or remove your Personal Data, please contact us at firstname.lastname@example.org. Telescope will endeavor to respond to all reasonable written requests to access, modify, or remove Personal Data in a timely manner within thirty (30) days.
- If you seek to access, modify, or remove Personal Data held or processed by us on behalf of a Client, you should direct your inquiry to the Client (the data controller). Upon receipt of a request from one of our Clients for us to remove data, we will respond to their request in a timely manner within thirty (30) days.
10.2 Additional GDPR Rights
- Right to Erasure (aka “Right to be Forgotten”). You may have a broader right to erasure of Personal Data that we hold about you, such as, for example, if it is no longer necessary in relation to the purposes for which it was originally collected or we do not have a legal reason to continue to process and hold it. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions, or to comply with our legal obligations.
- Right to Restrict Processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as, for example, where you believe that the Personal Data we hold about you is inaccurate or unlawfully held. We may be permitted to store the data but not further process it. We may need to keep just enough data to make sure we respect your request in the future.
- Right to Data Portability. You may have the right to be provided with your Personal Data in a structured, machine readable, and commonly used format and to request that we transfer the data to another data controller without effecting the usability of the data.
- Right to Object to Processing. You may have the right to request that we stop processing your Personal Data, such as for the purpose of direct marketing, scientific and historical research, or for a task in the public interest.
- Right to Lodge a Complaint. You may also have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.
If you are entitled to and would like to exercise such rights, please contact us at email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
10.3 California “Shine the Light” Notice
- Telescope does not disclose Personal Data to third parties for any third parties’ direct marketing purposes, unless you affirmatively consent to such disclosure. Since Telescope provides its California users with notice of its rights as described above, pursuant to Section 1798.83(c)(2) of the California Civil Code, Telescope is in compliance with California’s “Shine the Light” law and is not obligated to provide California users with the names and addresses of all the third parties that received Personal Data from Telescope for the third parties’ direct marketing purposes during the preceding calendar year.
13. CONTACT TELESCOPE
You may contact us at:
11835 W. Olympic Blvd., Suite 350E
Los Angeles, CA 90064
Last Updated: May 25,2018