Products Privacy Policy

Above Data, Inc. (“Above Data,” “we,” “us,” or “our”) is committed to addressing privacy issues and wants you to be familiar with how we collect, use and disclose your Personal Information. This Products Privacy Policy (“Policy”) describes our practices in connection with Personal Information that we process to support the data-related products and services we provide to enterprise customers (“Products”). It applies to our provision of the Products and informs consumers how their Personal Information is processed in connection with the Products and what privacy rights consumers may have. “You” or “your” refers to the individual whose Personal Information may be processed in connection with the Products.

This Policy does not apply to Personal Information processed in connection with websites operated by us from which you are accessing this Policy (the “Website”) as well as through email messages that we send to you that link to this Policy. To learn more about the privacy practices of our Website, please see our Website Privacy Policy.

As a company focused on serving the needs of businesses, our Products are not directed to minors and we do not promote or market our Products to minors. Please see Section 10 below and our Terms of Service for additional information.

If you are located in the European Union or if you are a California resident, please see additional applicable information below.

Above Data, Inc. is responsible for the processing of your Personal Information under this Policy. Please direct any questions regarding the processing of your Personal Information as indicated below under the “Contacting Us” section below.

1.    PERSONAL INFORMATION WE MAY COLLECT 

“Personal Information” means any information relating to an identified or identifiable individual. We may collect the following categories and specific elements of information that, alone or in combination, may be Personal Information depending on applicable laws in your location:

• Contact Information, such as: name, postal address, telephone number and email address.

• Electronic Information, such as: IP address, cookie ID, hardware identifier, mobile identifiers, browser and device information for the device you used to access the Websites, and demographic information.

• Social Media Information, such as: social media URL, social media alias, social media profile data and other information depending on the social media platform.

• Work-Related Information, such as: company data such as the name, size and location of the company you work for and your role within the company, your work history, your education history and your work skills.

• Consumer Information, such as: purchases you have made of consumer packaged goods and responses you provided in consumer surveys.

• Media Streaming Information, such as: information regarding content you streamed on your television.

• Information in Public Filings, such as: collateral pledged, your contact information as the debtor, or your contact information as the secured party each as contained in a UCC Financing Statement.

In some instances, we may combine information above that is not identifiable with Personal Information. If we so combine information such that it is Personal Information, the combined Personal Information will be treated by us as Personal Information as long as it is so combined.

2.    SOURCES OF PERSONAL INFORMATION

We may collect or source Personal Information from third-party sources such as public databases and filing systems; other data companies, data aggregators, or data providers; joint marketing partners; marketing service providers; social media platforms;, as well as from other third parties.

3.    HOW WE MAY USE PERSONAL INFORMATION

We may use Personal Information for the following business and other purposes:

• To respond to your inquiries.

• To operate, maintain, build, develop, provide, improve, optimize, enhance and expand our Products.

• For our business purposes, such as data analysis, audits, fraud monitoring and prevention and operating and expanding our business activities.

• To engage in other legitimate purposes as required or permitted by applicable law.

• To comply with applicable laws and regulations.

4.    HOW WE MAY SHARE INFORMATION

Your Personal Information may be disclosed to the following categories of third parties:

• To any affiliates and subsidiaries for the purposes described in this Policy.

• To enterprise customers in a licensing transaction in connection with their market analysis and marketing activities.

• To our third-party service providers who provide services such as website hosting, data processing, information technology and related infrastructure services, auditing and other similar services.

• To otherwise share your Personal Information with your consent or pursuant to your instructions

• To 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).

• To a competent authority in response to a request for information if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation or legal process, including to meet national security or law enforcement requirements.

• To law enforcement officials, government authorities or other third parties as necessary to protect our or your rights, property or safety, or that of our business partners, or as otherwise required by applicable law, for example to investigate fraud.

• In an aggregated and de-identified or anonymized form.

• For other legitimate purposes permitted by applicable law.

When third parties are given access to your Personal Information, we will take appropriate contractual, technical and organizational measures designed to ensure that your Personal Information is protected in accordance with this Policy and applicable law.

5.    COOKIES AND OTHER TECHNOLOGIES 

Cookies are randomly-generated alphanumeric pieces of information that a website transfers to your computer used to browse a website. Cookies allow us to collect information such as browser type, time spent on the Website, pages visited, language preferences and other internet traffic data. Similar technologies may be used instead of or in conjunction with cookies, such as web beacons, which are small, non-recognizable pictures downloaded to your computer when a specific website is loaded.

For information related to our use of cookies on our Website, please see our Website Privacy Policy. For information on cookies utilized by third-party companies or websites, please visit those third parties.

6.    THIRD PARTY SERVICES

This Policy does not address, and we are not responsible for, the privacy, information, security, data protection, or other practices of any third parties, including any third party data products or any third party site or service to which the Websites link. The inclusion of a link on the Websites does not imply endorsement of the linked site or service by us or by our affiliates. We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, including social media platforms, such as Facebook, Instagram, Twitter, Apple, Google, Microsoft, or any other application developer, application provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations.

7.    SECURITY

We implement appropriate physical, technical and administrative measures designed to protect your Personal Information that we maintain within our organization against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as all other forms of unlawful processing. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your Personal Information used in connection with the Products is no longer secure, please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

8.    YOUR CHOICES

In this section, we describe the rights and choices available to you.

Choosing not to provide your Personal Information. If we requested your Personal Information through our Website, you may choose not to provide Personal Information. Please visit our Website Privacy Policy for details regarding information requested in connection with our Website.

Opt out of our marketing communications.  If you received a marketing communication from us, please visit our Website Privacy Policy for details related to opting out of our marketing communication. If you received a marketing communication from a third party, please contact the sender of the message.

Cookies & browser web storage and targeted online advertising.  Please visit our Website Privacy Policy for details regarding our use of cookies and related advertising activities in relation to our Website.

Other Opt Outs. Depending on your location and the opt-out you wish to implement, you may also opt out of certain other advertising activities and practices by visiting the following websites:

• Digital Advertising Alliance (DAA): http://www.aboutads.info/choices/

• European Interactive Digital Adverting Alliance (EDAA): www.youronlinechoices.eu and http://www.edaa.eu

• Network Advertising Initiative (NAI): http://optout.networkadvertising.org

Opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your browsing preferences and usage patterns. You may temporarily continue to see some tailored ads produced from ongoing advertising campaigns.

9.      RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by applicable law.

10. USE OF PRODUCTS BY MINORS

The Products are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information to us. If you believe that we have mistakenly or unintentionally collected personal information of a minor through our Website or otherwise without appropriate consent, please notify us as set forth below so that we may immediately delete the information from our servers and make any other necessary corrections. Please see our Terms of Service for more information on use of our Service by individuals under 18.

11. CROSS-BORDER TRANSFER

The Products are developed, managed and provided and our business is operated by us from the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, including the United States, which may have different data privacy and data protection rules than those of your country. To the extent Personal Information is transferred to a recipient in a country that does not provide an adequate level of protection for Personal Information, we will take measures designed to adequately protect your Personal Information in accordance with applicable law.

12. SENSITIVE INFORMATION

Do not send us, directly or indirectly, any sensitive or special categories of Personal Information (e.g., social security numbers or other national identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Website or otherwise. We do not require and do not request any sensitive or special categories of Personal Information in connection with our provision of the Products.

13. EU PRIVACY RIGHTS

To the extent that European Union (“EU”) data protection laws apply to the processing of your personal information, you may have certain choices and means and other rights with respect to the processing of your personal information, as outlined below.

To exercise these rights and controls, please contact [email protected].

• Access: You have the right to access a copy of the personal information that we hold about you in machine-readable form.

• Correction: You may correct some of your personal information if it is inaccurate or it needs to be updated.

• Deletion: You may secure the deletion of some of your personal information, subject to certain legal obligations or exceptions.

• Objections or Restrictions on use: You may object to our processing of some of your personal information or restrict or limit our use of some personal information about you.

• Portability: If you wish to transfer your personal information to another data controller, you may ask us to do so, and we will send it directly to them to the extent feasible.

• Withdrawal of consent: You may withdraw consents you previously gave us.

Please note that some functionality may not be available, or we may not be able to fulfill your request, depending on our legal obligations.

Certain other details regarding the processing of personal information that individuals located in the EU may be entitled to receive are contained in other provisions of this Policy.

As a security measure, we may need to request specific information from you to help us verify your identity and ensure your right to access your personal information (or to exercise any of your other rights). 

Personal Information collected on or about individuals located in the EU is collected on the following legal bases for processing:

• Necessary for Performance of a Contract: If we or our affiliates have entered into a contract with customers, partners, suppliers or other third parties, we may need to process your Personal Information.

• Consent: Where you have provided your consent for us to engage in marketing activities with you, we may need to process your Personal Information.

• Legitimate Interest: We may need to process your Personal Information where we have a legitimate interest in doing so, such as (1) to communicate with you in response to your requests, questions, inquiries, and submissions; (2) to conduct advertising, marketing and promotional activities in connection with operating our business; (3) for research and development, security and optimization of our Products and Websites; and (4) to process a job application and communicate with you regarding your interest in employment with us.

• Comply with Legal Obligations: Where we are required to comply with laws or legal obligations.

Note that we may process your Personal Information using more than one legal basis depending on the specific purpose for which we are using your personal information.

Your Personal Information will be hosted in the U.S. and will therefore be transferred and stored outside of the European Economic Area (“EEA”), where collected in the EU. For the purpose of applicable EU laws, such third countries (including the United States) may not offer the same level of data protection as your country of residence.  For further information about the safeguards used, please contact us as set forth below.

Should you wish to lodge a complaint with regards to how your personal information has been processed by us, you may contact your local supervisory or data protection authority. 

14. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have the right to disclosure of information about our collection, sale or disclosure for a business purpose of your Personal Information, including, to the extent applicable, the following:

• The categories of Personal Information about you that we collected

• The categories of sources of Personal Information we collected

• The categories of third parties with whom we shared your Personal Information

• The business or other purposes for which we collected or sold your Personal Information

• The categories of such Personal Information we sold or disclosed for a business purpose, by category for each category of third parties to whom the Personal Information was sold or disclosed, or we will state that we have not sold or disclosed for a business purpose such consumer’s Personal Information.

• The specific pieces of Personal Information we have collected about you.

This following chart describes the various types of disclosures we make to consumers.

Right to Opt Out of Future Data Sale: 

Right to Know:

Certain California residents have the right to know what Personal Information we store about them by following the below instructions. Note that the information we provide in a Right to Know request represents a sample of the Personal Information we store about a consumer. We may store other information that may not be related to that consumer or which is overly technical and would likely not be reasonably meaningful or helpful to a consumer.

Right to Deletion:

Certain California residents have the right to request deletion of their Personal Information by following the below instructions. We may, to the extent permitted under the CCPA and other applicable laws, retain and continue to process Personal Information in accordance with certain exceptions.

Non-Discrimination:

California residents have the right not to receive discriminatory treatment for exercising any of the privacy rights conferred by the CCPA, except as permitted under the CCPA. If you believe you have received discriminatory treatment by us for exercising your CCPA privacy rights, please contact us as set forth below.

Submitting Requests:

Do not send us, directly or indirectly, any sensitive or special categories of Personal Information (e.g., social security numbers or other national or state identifiers, health information, biometric data or genetic characteristics, criminal background information, financial account numbers, payment card information, and so on) on or through the Website or otherwise. We do not require and do not request any sensitive or special categories of Personal Information in connection with our provision of the Products, and it is not needed to respond to your requests.

To obtain information or assistance regarding a CCPA request, please see the below instructions: 

• Please review the balance of this Policy and our Website Privacy Policy to determine whether they provide the information you would like to request.

• If you have an account or accounts with us, please visit your account page in accordance with our Terms of Service to determine whether your request may be fulfilled by visiting your account page.

• If you do not have an account with us, and you want to submit a CCPA request under the Right of Access, Right to Opt out of Future Data Sale, or Right to Deletion, if you believe you have received discriminatory treatment for exercising your CCPA privacy rights, or if you have any other questions related to the CCPA and our processing of your personal information, please complete a Privacy Request Submission Form and email it to [email protected] or print a copy of the online form, complete it based on the drop-down options in the online form, and mail the completed form to Above Data, Attn: Legal, 106 Lincoln Blvd, STE 100, San Francisco, CA 94129.

We may need to verify your identity prior to evaluating your request, and if we do not have sufficient information about you to verify your identity, for example, if the only information we have about you is an email address used to send you marketing communications, we may not be able to identify you and will be unable to process your request. We will attempt to verify your identity by, for example, confirming up to three pieces of information you provide in connection with your request match the information we possess about you. We may need to request additional information to sufficiently identify you. If you submit a request on behalf of another consumer as an authorized agent, you must submit additional documentation as set forth below.

Authorized Agents

Authorized agents must submit the following written documentation.

Authorized agents operating as a business must provide:

1. Organizational documents from the state of formation;

2. A written authorization document that includes each consumer’s name, address, telephone number and valid email address, signed and dated by each consumer authorizing the business as the authorized agent to act on behalf of each consumer in making the request; and

3. A valid email address for each consumer for our direct correspondence with each consumer, including as deemed necessary or legally required completion of an identity verification process.

If you are an individual and acting as an authorized agent on behalf of a consumer, please provide:

1. A “power of attorney” signed and dated by the consumer and notarized by a notary public naming the agent as the consumer’s authorized representative, which includes the consumer’s full name, physical address and month/year of birth;

2. If no power of attorney is available, then provide a written authorization document that includes the consumer’s name, address, telephone number and valid email address, signed by the consumer authorizing the agent to act as the authorized agent on behalf of the consumer; and

3. A valid email address for each consumer for our direct correspondence with each consumer, including as deemed necessary or legally required completion of an identity verification process.

Parent/Guardian of Minor Child* 

If you are a parent or guardian of a minor child under 18 and would like to make a request for a right to know or deletion on behalf of the minor child, please provide the following;

• The minor’s verification documents (all are required):

  • A certified copy of the minor’s birth certificate or adoption decree

  • Health insurance card (issued by the insurance company)

    • Medicare/Medicaid are accepted

  • Certified school record or transcript or home school notice of intent form that includes minor’s permanent address

• Proof of parental/guardianship identity document that matches the minor’s permanent residence, which includes one of the following:

  • Minor’s court order establishing custody

  • Minor’s court order establishing guardianship

  • Court issued parental responsibility documents (for example, court documents on file with presiding court)

  • Current month’s utility bill with parent/guardian’s name and address shown

* For the safety and security of the minor child, no location information will be provided in any Personal Information Request report issued.

“Shine the Light” Law

In accordance with the California Shine the Light law, California residents may request certain information regarding our disclosure (if any) of Personal Information to third parties for their direct marketing purposes. Other than to third party recipients as set forth in this Policy (“How We May Share Information”), or unless you request us to or consent to it, we do not share your Personal Information with third parties for their own direct marketing purposes. For any questions on these practices, please contact us as set forth below.

15. UPDATES TO THIS POLICY

We may update this Policy from time to time. If we believe that the changes are material, we will notify you by an appropriate means. The most current version of this Policy is located on this web page.

16. CONTACTING US

If you have any questions about this Policy, please contact us by email at [email protected].

October 2020 Update