Privacy Policy

OCTERRA Privacy Policy

Last Updated: 10 October, 2019

This Privacy Policy describes how Octerra, Inc. (“Octerra,” “we,” “our,” or “us”) collects, uses, and shares information about you as well as your rights and choices about such use and sharing. It applies to your use of our website at www.Octerra.com (“Website”) and online platform at app.Octerra.com (“Platform”) (collectively, the “Service”).

By using the Service, you agree to our Terms of Use and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Service.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section below.

1. Information Collection.

A. Information You Provide.

We collect information when you use the Service, including information you provide when you browse the Website, interact with our emails or advertisements, request a demo, sign up to use the Platform, apply for a job, or otherwise contact us.

The information we collect includes information that identifies you personally (whether alone or in combination). Some examples of information you provide include the following:

Contact Data, including your first and last name, email address, postal address, and phone number.
Demographic Data, including gender and country.
Company Data, including your company’s name and postal address.
Account Credentials, including password, password hints, and information for authentication and account access.
Billing Data, including your payment instrument number (such as credit or debit card number), expiration date, and security code as necessary to process your payments.
Content, including the content within any messages you send to us (such as feedback and questions to customer support).
Resume Data, including your employment history, transcript, writing samples, and references as necessary to consider you for a job opening if you submit an application to us.

You may chose to voluntarily submit other information to use through the Service that we do not request, and, in such instances, you are solely responsible for such information.

B. Information Automatically Collected.

In addition, we automatically collect information when you use our Service. Some examples of information we automatically collect include the following:

Service Use Data, including data about the features you use, the pages you visit, the emails and advertisements you view, the products you purchase, the time of day you browse, and your referring and exiting pages.
Device Connectivity and Configuration Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address, MAC address, and Ad Id (e.g., IDFA or AAID).
Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level).

We use various current – and later – developed technologies to automatically collect information (“Tracking Technologies”), including the following:

Log Files, which are files that record events that occur in connection with your use of the Service.
Cookies, which are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies are used to support security features. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
Pixels (also known as web beacons), which is code embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us to track our conversions and provide you with additional functionality.

For further information on Tracking Technologies and your rights and choices regarding them, see the “Third Parties” and “Your Rights and Choices” sections below.

C. Information through the Platform.

We collect information that Subscribers and Subscriber Partners provide through the Platform. Some examples of information provided through the Platform include bid information (such as budget details), project proposal information, and company preferences. Our processing of any information provided by a Subscriber or Subscriber Partner through the Platform is governed by the terms of our agreement with the applicable Subscriber or Subscriber Partner, and not this Privacy Policy. We are not responsible for the data practices of our Subscribers and Subscriber Partners, and we recommend you review their own privacy policies and contact them directly if you have any questions. Please review our Terms of Use for more information about our Subscribers and Subscriber Partners.

D. Information from Other Sources.

We also collect information from other sources. To the extent we combine third party sourced information with information we have collected through the Service, we will treat the combined information in accordance with the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data. These third party sources vary over time, but have included:

Partners that offer co-branded or integrated services, sell or distribute our products, or engage in joint marketing activities.
Publicly-available sources, including data in the public domain.

For further information on Third Party Services, see the “Third Parties” section below.

2. Use of Information.

We use information we collect to in accordance with the practices described in this Privacy Policy, including to:

Manage our Service, including your account creation and registration.
Perform services requested by you.
Tailor your experience while using the Service and display customized content we think may be of interest to you based on your preferences.
Respond to your comments, questions, and requests, and provide customer service.
Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
Prevent and address fraud, breach of policies or terms, and threats or harm.
Monitor and analyze trends, usage, and activities.
Conduct research, including accumulate and report aggregate, statistical information in connection with our Service.
Improve our Service or other Octerra websites, products, marketing and services and develop new products and services.
Develop and send you direct marketing, including advertisements and communications about our products, offers, promotions, rewards, events, and services.
Fulfill any other purpose disclosed to you and with your consent.

We may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

Notwithstanding the above, the information provided by a Subscriber or Subscriber Partner through the Platform will be used in accordance with the terms of our agreement with the applicable Subscriber or Subscriber Partner, and not this Privacy Policy.

For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.

3. Sharing of Information.

We share information we collect in accordance with the practices described in this Privacy Policy, including as follows:

Service Providers. We share information with our agents, vendors, and other service providers (collectively “Service Providers”) in connection with their work on our behalf. Service Providers assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, and technical support. Service Providers are prohibited from using information about you for any purpose other than to provide this assistance, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
Affiliates. We disclose information to our related entities including our parent and sister companies. For example, we share information with our affiliates for marketing, administrative purposes, technical operations, and customer support.
Partners. We share information with our partners in connection with offering co-branded or integrated services, selling or distributing our products, or engaging in joint marketing or advertising activities.
Facilitating Requests. We share information with third parties for purposes of facilitating your requests.
Merger or Acquisition. We share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
Security and Compelled Disclosure. We share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Service or any third party.
Consent. We may share information to fulfill any other purpose disclosed to you and with your consent.

We may share information that does not identify you (including information that has been aggregated or de-identified) with third parties except as prohibited by applicable law.

Notwithstanding the above, the information provided by a Subscriber or Subscriber Partner through the Platform will be disclosed in accordance with the terms of our agreement with the applicable Subscriber or Subscriber Partner, and not this Privacy Policy.

For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

4. Third Parties.

A. Third Party Services.

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). These Third Party Services may use Tracking Technologies to independently collect information about you and may solicit information from you. The information collected and stored by third parties, whether through our Service, a Third Party Service, a Third Party Feature (defined below), or a third party device, remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

B. Third Party Features.

We may allow you to connect our Service to a Third Party Service or offer portions of our Service through a Third Party Service (“Third Party Features”). If you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature, and you should carefully review the third party’s privacy policy and terms of use.

C. Analytics.

Our Service contains Tracking Technologies owned and operated by Third Parties. For example, we use Tracking Technologies from third party analytics provides, such as Google Analytics, to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to Service activity and internet usage.

For further information on Tracking Technologies and your rights and choices regarding them, please see the “Information Automatically Collected” and “Your Rights and Choices” sections.

5. Your Rights and Choices.

A. Account Information.

You may access, update, or remove certain information that you provided to us when you scheduled a demo by or signed up to use the Platform by sending an email to the email address set out in the “Contact Us” section below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents and data subjects in Europe have additional rights as set out the “Your California Privacy Rights” and “Your European Privacy Rights” sections below.

B. Tracking Technology Choices.

Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.

C. Analytics.

You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.

D. E-mail Communications.

You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the “Contact Us” section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or Octerra’s ongoing business relations. Please note that your opt-out is limited to the email address, used and will not affect subsequent subscriptions.

E. Your California Privacy Rights.

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set out in the “Contact Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Octerra is not required to respond to requests made by means other than through the provided email address or mail address.

F. Your European Privacy Rights.

Data subjects in Europe have additional rights as set out in the “Additional Disclosures for Data Subjects in Europe” section below.

6. Children.

Octerra does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children. If you are a parent or guardian and believe Octerra has collected such information, please contact us as set out in the “Contact Us” section below, and we will remove such data to the extent required by COPPA.

7. Data Security.

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

8. International Transfer.

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy. If your data is collected in Europe, we will transfer your personal data subject to appropriate safeguards, such as Standard Contractual Clauses.

9. Changes to this Privacy Policy.

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address.

10. Contact Us.

If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us:

By email:

privacy@Octerra.com

By mail:

4017 Hillsboro Pike, Ste 418
Nashville, Tennessee 37215

11. Additional Disclosures for Data Subjects in Europe.

A. Data Controller.

Data protection laws in Europe make a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”).

Octerra acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements. However, in most instances, Octerra acts a processor on behalf of a Subscriber or Subscriber Partner, each a separate legal entity, which is the controller. For example, acts as a processor when it provide services to its brand or agency customers and processes personal data on their behalf to help them connect with vendors and submit requests for proposals and receive bids in response to those requests. Please visit the applicable customer’s privacy policy for information about their privacy practices. Any questions that you may have relating to the processing of personal data by Octerra on behalf of the customer and your rights under data protection law should be directed to the customer as the controller, not to Octerra.

B. Lawful Basis for Processing.

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our Service Providers, partners, or customers; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.

C. Your European Privacy Rights.

If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

You may exercise your rights by submitting a written request to us at the address set out in the “Contact Us” section above. We will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If your personal data has been processed by us on behalf of a customer and you wish to exercise any rights you have with such personal data, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of our customer on whose behalf we processed your personal data. We will refer your request to that customer, and will support them to the extent required by applicable law in responding to your request.

D. Complaints.

If you have a complaint about our use of your personal data or response to your requests regarding your personal data, you may submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us at privacy@Octerra.com. In addition to the contact information above, please contact our:

European Representative
Danielle Adkins
euprivacy@octerra.com

Data Protection Officer
Reed Tomlinson
privacy@octerra.com