This Privacy Notice describes how ThoughtMetric Inc. (together with its affiliated companies - "ThoughtMetric", "we", or "us") collects, stores, uses and discloses personal data when you interact with us, including when you visit or interact with any of our linked websites, participate in any of our events, interact with any of our online ads and content, emails, sales and marketing channels, integrations or communications under our control (“sites”, and collectively with our eCommerce Operating System platform, the “Services”).
Please review this Privacy Notice carefully, and please use the information herein to make informed choices. If you have any concerns or questions about our privacy practices, please feel free to contact us. By accessing the sites, registering for an account, or making a purchase from us, you are agreeing to all of the terms set forth in this Privacy Notice.
If you do not agree to this Privacy Notice, do not use the sites, purchase our products, interact with us, or give us any information. Your continued use of the sites and/or of our Services means that you agree to this privacy notice.
Our Services are designed for businesses and are not intended for personal or household use. Accordingly, we treat all personal data covered by this Privacy Notice, including information about any visitors to our sites, as pertaining to individuals acting as business representatives, rather than in their personal capacity.
You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our service providers, please do not provide it to us and avoid any interaction with us or with any of our Services.
Specifically, this Privacy Notice describes our practices regarding:
When we use the term “personal data” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or identified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
We collect the following categories of personal data, with respect to the following types of data subjects:
1. Merchant Data: personal data that we collect, process and manage on behalf of our business customers (“merchants” or “customers”), as part of our eCommerce Operating System platform (“platform”). We process such Merchant Data on behalf of and under the instruction of the respective customer, in accordance with our Data Processing Addendum with them. Accordingly, this Privacy Notice (which describes ThoughtMetric’s own privacy and data processing practices) does not apply to such processing done on its customers’ behalf. To learn about the Privacy Notice and practices of our customers, please contact them directly.
2. User Data: personal data concerning our customers’ internal focal persons who directly engage with ThoughtMetric concerning their organizational account, and users of the platform on behalf of such customers, e.g., the account administrators and users, billing contacts and authorized signatories on behalf of the customer (collectively, “users”); as well as the customer’s business needs and preferences, as identified to us or recognized through our engagement with them.
3. Prospect Data: personal data relating to visitors of our websites, participants at our events, and any other prospective customer, user or partner (collectively, “prospects”) who visits, purchases, or otherwise interacts with our sites and Services.
Specifically, we collect or generate the following types of personal data about such individuals through the Services:
Usage, login credentials, and device information concerning customers, users and prospects (connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses (geolocation), device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device, and inferred or presumed data generated from their use of the Services, other internet or electronic network activity information and other device or browser information);
Information concerning our customers, users and prospects (contact and business details such as name, email, phone number, position, workplace and professional information, and related business insights, our communications with such individuals (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement), purchasing details including interest and/or purchase history, commercial information, including records of our products or services purchased, obtained, or considered);
Personal data contained in Customer Data which is provided by our customers or processed on their behalf and under their instruction, which may also include any of the types of personal data described above (with respect to users or other individuals whose data is contained in the Customer Data), in accordance with our Data Processing Addendum with such customers.
We use your personal data as necessary for the following purposes and in reliance on the lawful bases detailed in the chart below:
If you reside or are using the Services in a territory governed by privacy laws under which “Consent” is the only or most appropriate lawful basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Services, or due to nature of such processing), your acceptance of our Terms of Service (or the execution of another service agreement with ThoughtMetric) and this Privacy Notice will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Notice, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at support@thoughtmetric.io.
We do not sell your personal data for the intents and purposes of the California Consumer Privacy Act (CCPA) or California Consumer Rights Act (CPRA) and have not sold your personal data in the past.
We and our authorized service providers (further detailed below) maintain, store and process personal data in the United States of America, Europe, Israel and other locations, as reasonably necessary for the proper performance and delivery of our Services, for our internal business purposes in the locations where ThoughtMetric resides, or as may be required by law.
While privacy laws may vary between jurisdictions, ThoughtMetric is committed to protect personal data in accordance with this Privacy Notice and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
ThoughtMetric is headquartered in the United States, which is considered by the European Commission, the Swiss Federal Data Protection and Information Commissioner (FDPIC), and the UK Secretary of State to have an adequate level of protection for personal data originating from the EEA, Switzerland and the UK, respectively. For data transfers from the EEA, Switzerland or UK to countries that are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission, FDPIC and UK Information Commissioner’s Office (ICO) reference 2010/87/EU prior to September 27, 2021, 2021/914 thereafter, or any subsequent final version thereof that shall automatically apply. You can obtain a copy by contacting us as indicated in Section 12 below.
We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy and applicable laws.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete, anonymize or restrict access to it for any reason and at any time, with or without notice to you.
If you have any questions about our data retention policy, please contact us by e-mail at support@thoughtmetric.io.
We disclose personal data in the following ways:
Service Providers: We engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial, privacy and compliance advisors (collectively, “service providers“). Our service providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.
Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our customers, users and prospects. In such instances, we may share relevant contact, business and usage details with the respective partner, to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement that is not directly related to the Services and directed by ThoughtMetric is beyond the scope of ThoughtMetric's Terms of Service and this Privacy Notice, and may therefore be covered by the partner’s own terms and policies. Please review the privacy notices and terms of services of those businesses for more information about what each of those businesses does with your personal data.
Service Integrations: Using our Services to their fullest extent requires connecting or integrating with third-party services, for example, Facebook, Google Ads, inventory CRMs, financial CRMs, and more in order to share or receive data, which may include personal data, to the platform, or to enrich the data you have processed on the platform. The provider of this connected or integrated third-party service may receive certain relevant data about or from your account on the Services, or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. This could include Customer Data and/or User Data. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key in order to integrate with them).
Event Sponsors: If you attend an event or webinar organized by us, or download or access an asset on our sites related to such an event, webinar or other activity involving third-party sponsors or presenters, we may share your personal data with them. Depending on the applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsors’ privacy statements. If you do not wish for your personal data to be shared, you may choose not to opt-in via the event/webinar registration, or elect to not have your badge scanned, or you can opt-out in accordance with Section 7 below.
Sharing your Feedback or Recommendations: If you submit a public review or feedback, note that we may (at our discretion) store and present your review on our sites and in our Services. If you wish to remove your public review, please contact us at support@thoughtmetric.io.
Business Customers: Our customers have access to any personal data we process on their behalf in our capacity as a “processor” or a “service provider”, as well as to personal data relating to their users, as it relates to their use of our Services.
Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services. Please see our Principles for Responding to Government Access Requests for further details.
Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of ThoughtMetric and our employees, any of our prospects, users or customers, or any members of the general public.
ThoughtMetric Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Notice. In addition, should ThoughtMetric or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.
For the avoidance of doubt, ThoughtMetric may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
We and our service providers use “cookies”, anonymous identifiers, pixels, container tags and other technologies in order to provide our Services and ensure that they perform properly, to analyze our performance and marketing activities, for personalization purposes, for product development and improvements, and to personalize your experience. To learn more about our practices concerning cookies and tracking, please see our Cookie Policy.
Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser tab or window. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.
We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the platform. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools. We may also use HTML5 local storage or Flash cookies for the above-mentioned purposes. These technologies differ from browser cookies in the amount and type of data they store, and how they store it.
Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services.
We also use the web analytics tool Google Analytics. This tool helps us understand users’ behavior on our Services, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of our analytics service provider is available at: www.google.com/policies/privacy/partners. Further information about your option to opt-out of this analytics service is available at: https://tools.google.com/dlpage/gaoptout.
Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
For more information on our cookie and data collection technologies practices, you may also use the “Cookie settings” feature available in our Services depending on your location and activity on our Services, as applicable.
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use of some of our Services (like password resets or billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our customer, user or prospect, subject to any necessary collection of your consent as appropriate based on applicable laws. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify us at any time by sending an e-mail to: support@thoughtmetric.io, or sending us a request through the live chat in the ThoughtMetric website/app, or by following the instructions contained in the promotional communications you receive.
We have implemented industry-standard physical, procedural and technical security measures, designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. As such, your use of the Services is at your own risk and, when you register an account with us, we encourage you to choose passwords of sufficient length and complexity and not used to access any other site or services, install the latest security updates and anti-virus software on your computer/device to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, or if you have any questions about our security, please contact us by e-mail at support@thoughtmetric.io.
Individuals have rights concerning their personal data as detailed below and, with respect to all requests, we may need to ask you to provide us with certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to exercise your rights. Such additional data may be then retained by us for legal, compliance and auditing purposes (e.g., as proof of the identity of the person submitting the request or proof of request fulfillment).
We may redact from the data that we will make available to the requesting data subject any personal data related to others.
Please contact us by e-mail at: support@thoughtmetric.io or send us a request through the live chat in the ThoughtMetric website/app if you wish to exercise your privacy rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR), or the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) and others such as – to the extent applicable – the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with ThoughtMetric, or to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to port such personal data, or the right to equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you). Under some regulatory frameworks, such as the GDPR, you may also have the right to lodge a complaint with the relevant supervisory authority, as applicable. These rights are also subject to various exclusions and exceptions under applicable laws. We will not charge a fee to process or respond to your verifiable privacy request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Alternatively, we may refuse to comply with your request in such circumstances.
We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data.
Please also note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers. We will provide details of our reasoning to you in our correspondence on the matter.
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR, CCPA/CPRA, and VCDPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA/CPRA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA/CPRA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
ThoughtMetric is the “data controller” of Prospect Data. With respect to such data, we assume the responsibilities of data controller (to the extent applicable under law), as set forth in this Privacy Notice. In such instances, our service providers processing such data will assume the role of “data processor”.
ThoughtMetric is the “data processor” of Customer Data, which we process on behalf of our customers (who are each, as relevant, the “data controller” of such data). In such instances, our service providers who process such Customer Data on our behalf are the “sub-processors” of such data.
ThoughtMetric is both a “data controller” and “data processor” of User Data. Such data is processed by ThoughtMetric for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst certain portions of it which are included in Customer Data will be processed by us on our customer’s behalf, as a ‘data processor’.
Accordingly, ThoughtMetric processes Customer Data (which includes some User Data) strictly in accordance with our customer’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer.
Our customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on their behalf, as well as all individuals whose personal data may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, recording, use or other processing of data through our Services are fully met by the customer, including specifically in the context of an employment relationship. Our customers are also responsible for handling data subject rights requests under applicable law, by their users and other individuals whose data they process through the Services.
California Requirements:
This Privacy Notice describes the categories of personal data we may collect and the sources of such information (in Section 1 above), and our retention (Section 4) and deletion rights (Section 9) practices. We also included information about how we may process your information (in Sections 2 through 7), which includes for “business purposes” under the California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA). We do not sell your personal data for the intents and purposes of CCPA. We may disclose personal data to third parties or allow them to collect personal data from our Services as described in Section 5 above, if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal data to third parties, or as otherwise described in Section 5 above.
You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.
We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13 as we do not collect Personal data from any person under the age of 13.
Virginia Requirements:
You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.
We do not disclose a user’s personal data to any third party for such third-party’s direct marketing purposes.
If you have any questions or would like to exercise your rights under the CCPA/CPRA, Nevada S.B.220, or VCDPA, you can contact support@thoughtmetric.io or via mail as follows: ThoughtMetric Inc., 55 Court Street, Boston MA 02203.
Updates and Amendments: We may update and amend this Privacy Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you. In the event consent is required based on where you reside, you will be asked to consent prior to being allowed to access our Services subsequent to a Privacy Notice update/amendment.
External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Notice applies only to our Services.
Children: Our Services are not designed to attract minors.,. We do not knowingly collect personal data from minors and do not wish to do so. If we learn that a person who is considered a minor according to applicable law is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such minor. If you believe that we might have any such data, please contact us by e-mail at support@thoughtmetric.io.
Data Protection Officer: ThoughtMetric has appointed Aner Rabinovitz as our Data Protection Officer (DPO), for monitoring and advising on ThoughtMetric’s ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Notice, if you have any concerns regarding your privacy, or if you wish to make a complaint about how your personal data is being processed by ThoughtMetric, you can contact support@thoughtmetric.io or our DPO at support@thoughtmetric.io.
Contacting Us: If you have any comments or questions regarding our Privacy Notice, or if you have any concerns regarding your personal data held with us, please contact ThoughtMetric’s privacy team at support@thoughtmetric.io or our Data Protection Officer at support@thoughtmetric.io.