Privacy Policy

Effective: September, 2019

1. Introduction: Our Commitment to Privacy

As a customer, client, partner, or private citizen, your privacy and trust in our interactions are important to Simplus.  This Statement — referred to in the rest of this document as our “Privacy Statement.” – explains how Simplus protects and maintains corporate data, especially the personally identifiable information of those interacting with our organization. 

This Privacy Statement discloses the information practices for the Simplus website and services; explains what type of information about our users, clients, customers, and partners is gathered and tracked; and explains how that information is used, shared, disclosed, or otherwise processed offline. It also describes how cookies, location data, and other technologies may be used in our services and software products.

In this Privacy Statement, the terms “Simplus,” “we,” “us,” and “our” include our subcontractors and or affiliates. We use the terms “client,” “you,” and “your” to mean any person using an applicable Simplus platform, engaging in services, or attending related events, including any organization or person using our platform on services on behalf of an organization. This Privacy Statement applies to the processing of information about individuals or entities that we collect when you use our “Platform,” (which means any website, application, dashboard, or services Simplus offers), and/or at any time you communicate with us. This Privacy Statement does not apply to the information that you may provide to third parties, such as others with whom you may share information about yourself or your company.

2. How this Policy Statement Applies

This Statement applies:

  • When you visit or use our websites, apps and other services, including events, that refer or link to this privacy policy;
  • When Simplus accesses your websites, designated environment, and/or infrastructure for the purpose of providing consulting and contractual services,
  • When Simplus receives or procures data from a third party.

This Statement may be supplemented by additional privacy statements, terms or notices mutually agreed upon by both parties.

We will indicate within the engagement process of our contracts, services and other applications what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that Simplus is able to provide to you.

At all times, Simplus shall comply with all applicable International, Federal, Regional, and Local Privacy Laws and Regulations.

 

2.1 Scope of Privacy Statement

This Privacy Statement does not apply to information that you provide to third parties, such as other members, including group organizers and network administrators, or to others with whom you may share information about yourself. Disclosure of information to these third parties is subject to the relevant third party’s privacy policy, if any. We are not responsible for any third party’s privacy policy or content, even if we link to those services from our Platform or if we share information with these third parties.

Simplus is a data processor and does not fit the definition of a controller except with respect to Simplus employees’ data. Simplus employees and administrators are NOT directly responsible for complying with the requirements of applicable EU privacy laws in connection with the information that they obtain.

3. Privacy Shield Data Protection Principles

Simplus complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and subject to enforcement by the Federal Trade Commission. (https://www.privacyshield.gov/)

 

In the context of an onward transfer Simplus has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Simplus shall remain liable under the Principles of Privacy Shield if its agent processes such personal information in a manner inconsistent with the Principles of Privacy Shield, unless the organization proves that it is not responsible for the event giving rise to the damage.

 

Simplus has adopted the following principles consistent with the General Data Protection Regulation (EU) 2016/679 (GDPR) to govern its collection and processing of Personal Data:

  • Personal Data shall be processed lawfully, fairly, and in a transparent manner.
  • The Personal Data collected will only be those specifically required to fulfill required or requested services. Such data may be collected directly from the Data Subject or provided to Simplus. Such data will only be processed for that purpose.
  • Personal Data shall only be retained for as long as it is required to fulfill contractual requirements, or to provide auditable statistics to our Clients or affiliated Companies.
  • Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.
  • The Data Subject has the right to request from Simplus access to and rectification or erasure of their personal data, to object to or request restriction of processing concerning the data, or to the right to data portability. 

3.1 Complaint Resolutions

In compliance with the Privacy Shield Principles, Simplus commits to resolve complaints about our collection or use of your personal information.  European Untion and United Kingdom individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Simplus at: 

The Office of General Counsel

10 W. Broadway, Suite 500

Salt Lake City, UT 84101

[email protected] 

+1.833.SIM.PLUS ext. 333

3.2 Unresolved Complaints

Simplus has further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services (“JAMS”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of JAMS are provided at no cost to you.

4. Collection and Use of Information

We collect information, such as usage statistics, by using cookies, server logs, and similar technologies, if you elect to use these or other certain features as provided. We also collect information from other sources, which may include, but are not limited to:

  • Direct interactions and surveys on our websites,
  • Employment applications,
  • Marketing, customer, partner, and public social engagements,
  • Contractual engagements and services,
  • Partner data sharing under contractual agreements, and
  • Procured data from third parties as applicable.

4.1 Information You Provide to Us

We collect information that you provide directly to us. For example, we collect information that you provide when you create an account, fill out a form, or communicate with us. The types of information that we may collect include:

  • Contact details, such as an individual’s name, email address, postal address, social media handle or username, payment method data, and phone number;
  • Account login credentials, such as usernames and passwords, password hints, and similar security information;
  • Customer information, such as corporate names, employee job titles, contact information, professional background, and qualifications;
  • Comments, feedback and other information you provide to us, including interests, communication preferences, and preferred language;
  • Any other information that you choose to provide.

4.2 Information from Your Organization

We may obtain personal information about you from the organization with which you are employed or affiliated, from which you may have done business, or from which you had previous interactions with, including:

  • Contact details, such as your name, provided email address(es), postal address, social media handle, and phone number;
  • Other account registration information such as job title; and/or
  • Organizational user ID.

4.3 Information from Other Sources

We also may obtain personal data, contact details and other information about you from our affiliates and from other third parties’ information services, including:

  • Social networks when you grant permission to others to access your data on one or more networks;
  • Service providers that help us determine a location in order to customize certain products to your location;
  • Businesses with which we offer co-branded services or engage in joint marketing activities; and/or
  • Publicly available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

4.4 Information We May Collect Automatically When You Use the Simplus Community Platform

Simplus may automatically collect information about how you and your device interact with the company, including:

  • Log Information: We collect log information about your use of the Platform, including:
    • computer, device, and connection information; 
    • location data; 
    • browser type and version; 
    • operating system and other software installed on your device; 
    • mobile platform and unique device identifier and other technical identifiers; 
    • error reports and performance data; 
    • the time, duration, and frequency of your access; 
    • Platform pages viewed; and 
    • your IP address.
  • Usage data, such as:
    • the features you used;
    • the settings you selected;
    • your URL click stream data, including date and time stamp and referring and exit pages;
    • search terms you used, and;
    • pages you visited or searched for on the site
  • Necessary site activity reflecting your interactions with the site.

4.5 Information Collected by Cookies and Other Tracking Technologies

We and our service providers collect information using various technologies, including cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels.) Cookies are small text files stored on your hard drive or in device memory that help us improve our Platform and your experience, and track usage of our Platform. Cookies help us to store your preferences and settings, help you with signing in, provide targeted promotions, and analyze site operations. Pixel tags are electronic images that may be used in our Platform or emails and that track usage of our Platform and effectiveness of communications.

Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. You can learn more about how to block cookies by visiting allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.

  • Why we use cookies: Cookies serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Platform. We use cookies for the following purposes:
    • Authentication: We use cookies to recognize you if you are logged into our Platform. This lets us personalize your experience on or with the Platform in the ways described below. In addition, we may employ third-party services that may use cookies to help you sign into their services from our Platform.
    • Security: We use cookies to support or enable security features we have deployed and to help us detect malicious activity and violations of our Terms of Service. These cookies help us prevent fraudulent use of login credentials.
    • Services, features, and preferences: We use cookies to provide functionality and help us deliver our products and services according to your preferences. For example, we use cookies to know which language you prefer and what your communications preferences are, to show you personalized views related to your interests and groups, and to help you fill out forms on the Platform.
    • Performance, analytics, and research: We use cookies to help us analyze how the Platform is being accessed and used and to enable us to track the performance of the Platform. This helps us to understand, improve, and research features and content on the Platform. We may also use other services, such as Google Analytics or other third-party services, to assist with analyzing performance on our Platform.

You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, it will impact the performance of and engagement with our services.  In addition, you may not be able to register, login, or access certain parts or make full use of the site. For more details, access the cookie policy of the specific web page in question.

4.6 How We Use Your Information

Depending on how you interact with us and the Service, Simplus may use information about you in order to:

  • Provide, maintain, and improve our Platform, process transactions, develop new products, benefits, and services, and provide technical, product, and other support to the Service to maintain its performance, safety, and security;
  • Provide, activate, and manage your access to, and use of, the Service;
  • Enhance and improve the Service and our other products, events, and services;
  • Offer you custom content and other personalization to make the Service more relevant to your interests and geography;
  • Respond to your requests, inquiries, comments and concerns;
  • Notify you about changes, updates and other announcements related to the Service and our other products and services;
  • Deliver targeted advertisements, promotional messages, notices and other information related to the Service and your interests;
  • Provide you with information about products, events and services of ours, our affiliates and third parties such as sponsors;
  • Invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions and similar promotions;
  • Identify, monitor, and analyze trends, usage, and activities in connection with our Platform; 
  • Develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a customer agreement; 
  • Comply with our legal obligations, resolve disputes, and enforce our agreements;
  • Detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities;
  • Protect the rights, property, or safety of others;
  • Enforce compliance with our policies;
  • Comply with applicable laws and government requests;
  • Perform accounting and administrative tasks; and
  • Enforce or manage legal claims.

If you are an administrator of an organization with a contractual agreement to access the Service, we will use your details to communicate with you about your organization’s subscription or agreement and related services. If you supply us with contact information of your colleagues, we may contact those individuals with communications about the Service that may include reference to you.

 

5. Sharing of Information 

We do not share information about you in any way other than as described in this Privacy Statement.

5.1 Your Organization

If you access the Service through an agreement by your organization, your personal information and certain usage data gathered through the Service may be accessed by or shared with the administrators authorized by your organization for the purposes of usage analysis, usage management and compliance, training course progress, performance and remediation, cost attribution and departmental budgeting.

5.2 Application Licensor

If you access a third-party application on the Service through a license agreement with the licensor of that application, personal information relevant that third-party application may be shared with the licensor so that it can provide you access to the application, subject to the terms of its license agreement and privacy policy.

5.3 Our Group Companies and Service Providers

Dependent upon the Services provided, we share information with:

  • Our affiliates, partners, and contract service providers that provide technology, customer service and other shared services functions; and/or
  • Our service providers, suppliers, agents and representatives, including but not limited to: payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents;

 

We share information with the parties described above in order to process the information as necessary to provide the Service, complete a transaction or fulfilll your request or otherwise on our behalf based on our instructions and in compliance with this Statement and any other appropriate confidentiality and security measures.

5.4 Your Choices

We may share your personal information with our affiliates and with sponsors, joint venture entities and other third parties, including entities for which we are acting as an agent, licensee, application host or publisher, that wish to send you information about their products and services that may be of interest to you, as determined by your choices in managing your communications preferences and other settings. 

The Service may let you post and share personal information, comments, materials and other content.  Any such contributions that you disclose publicly may be collected and used by others. Please be careful when disclosing personal information in these public areas.

 

5.5 Legally Compelled Sharing of Information

We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:

  • meet any applicable law, regulation, legal process or other legal obligation;
  • detect, investigate and help prevent security, fraud or technical issues; and/or
  • protect the rights, property or safety of Simplus, our users, partners, employees or others; and/or
  • as part of a corporate transaction, such as a transfer of assets to or an acquisition by or merger with another company.

6. Communicating with You

We may use information about you in order to:

  • Respond to your comments, questions, and requests, and provide customer service;
  • Communicate with you in accordance with your account settings, about products, services, and events offered by us and others;
  • Provide news and information that may be of interest to you;
  • Conduct online surveys;
  • Contact you about events that are being held near your location; and/or
  • Send you technical notices, updates, security alerts and support, and administrative messages.

 

7. Processing of Information 

7.1 Grounds for Processing

Under European data protection laws, the processor of your information is Outbox Systems, Inc. If we collect or otherwise process any personal information within the scope of European data protection laws, we may do so for any of the following reasons:

  • In order to provide our services in accordance with the applicable Simplus Terms of Service, Terms and Conditions, and or Master Agreement;
  • Where it is in our legitimate interest to do so and not overridden by your rights (for example, for direct marketing, fraud prevention, network and information systems security, responding to your communications, the operation of networks of groups by the network administrators, and improving our Platform😉
  • To comply with a legal requirement or to perform a contract, or at your request prior to entering into a contract;
  • To display it on our Platform according to your member profile and account settings. (We recommend that you check your profile and account settings to ensure that you consent to the information that is visible);
  • In connection with operating and improving the Platform or in providing services, 
  • to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, and some aspects of our technical and customer support. (We take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations, and per applicable privacy and security laws and regulations);
  • where necessary to provide the Service or fulfilll a transaction;
  • where necessary for our compliance with applicable law or other legal obligation;
  • where necessary for the performance of a task carried out in the public interest;
  • where necessary to enable our customers to comply with their legal obligations;
  • where applicable, with your consent; and/or
  • where necessary to operate our business, protect the security of our systems, customers and users, detect or prevent fraud, or fulfill our other legitimate interests as described in sections 2-4 above, except where our interests are overridden by your privacy rights.

Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time, and where we rely on legitimate interests, you may have the right to object to our processing.

7.2 Locations of Processing

Your personal information may be stored and processed in your region or another country where Simplus, its affiliates, partners, and their service providers maintain servers and facilities, including but not limited to, the United States, the United Kingdom, Canada, Australia, the European Union, and the Philippines. 

 

We take steps, including through contracts, intended to ensure that the information continues to be protected wherever it is located in a manner consistent with the standards of protection required under applicable law.

 

Where personal information is transferred from the European Economic Area (“EEA”) or Switzerland to a country that has not received an adequacy decision by the European Commission, we rely on appropriate safeguards, such as the European Commission-approved Standard Contractual Clauses and the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, to transfer the data.

 

Certain U.S. entities within Simplus have certified certain of their services to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce. To learn more about the Privacy Shield program, and to view the Simplus certification, please visit www.privacyshield.gov.

8. Following the Law and Protecting Simplus

We may access, preserve, and disclose information about you to third parties, including the content of messages, if we believe disclosure is in accordance with or required by applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with any Simplus Terms of Service, or master agreement; if we believe that your actions are inconsistent with related guidelines and policies; if necessary to protect the rights, property, or safety of Simplus websites or Platforms; or if necessary to prevent fraud or abuse of Simplus websites or Platforms.

9. Affiliate Sharing and Merger, Sale, or Other Asset Transfers

If Simplus is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of its assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future corporate parents, subsidiaries, or affiliates.

10. Other Situations

We may de-identify or aggregate information about you and share it freely in instances where you can no longer be identified. We may also share information about you with your consent, at your direction, or where we are legally entitled to do so.

11. Transfer of Information to the United States and Other Countries

Simplus is based in the United States, but maintains operations in several foreign jurisdictions, including but not limited to, Canada, Australia, the United Kingdom, the European Union, and the Philippines. Information about you may be transferred to and processed in these countries and which may be other than the country in which you reside. These other countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective. We have taken appropriate safeguards to require that your information will remain protected in accordance with this Privacy Policy.

12. Security

We employ technical and organizational measures designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access collection, use, disclosure, copying, modification, or disposal, both during transmission and once we receive it. We store all the information that you provide to us on secure servers. We train our employees regarding applicable data privacy policies and procedures and permit authorized employees to access information on a need-to-know basis, or as required for their role. We use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the Internet or method of electronic storage is completely secure. Simplus’s measures are aimed at ensuring the integrity, confidentiality, and availability of personal information.

Where you have a password, which enables you to use our Platform or Community, you are responsible for keeping your passwords complex, secure, and confidential.

13. Children’s Privacy

We do not knowingly collect information from children under the age of 13 or target the Service to children under 13.

14. Data Retention

We retain certain information that we collect from you while you are a member of the Platform, and in certain cases, where you have deleted your account, for the following reasons:

  • So you can use our Platform;
  • To ensure that we do not communicate with you if you have asked us not to;
  • To provide you with a refund, if you are so entitled;
  • To better understand the traffic to our Platform or websites in order to provide the best possible experience;
  • To detect and prevent abuse of our Platform, illegal activities, and breaches of our Terms of Service; and
  • To comply with applicable legal, tax, or accounting requirements.

We retain your personal information for as long as is necessary to provide the Service and fulfilll the transactions you have requested, to meet the service obligations of our customers, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access the Service through a contractual agreement or sponsored by your organization, we retain your organizational contact details after the termination of your organization’s subscription to continue to communicate with you.

When we have no ongoing legitimate business need to process your information, or within the statutorily required time frame, we will either delete or anonymize such information.

15. Your Communications Preferences

You can customize and manage your communications preferences and other settings when you register with Simplus, by updating your account features and preferences, by using the “opt-out” mechanisms such as “unsubscribe” or other means provided within the communications that you receive, or by contacting us directly. We reserve the right to notify you of changes or updates to the Service whenever necessary.

15.1 Your Account

The Service may allow registered users to directly access and review their account information and make corrections or updates upon login at any time. Keeping such information up to date is the responsibility of the user. Registered users may also close their account directly through the Service or by contacting the Service’s customer support.

16. Your Rights Under This Statement

You have the right to access your personal data. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us or request access to your personal data by sending an email to [email protected].

Rights that you may have, depending on the country in which you live, include:

  • Accessing, correcting, updating, or requesting deletion of your information.
  • Objecting to the processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.
  • Rectification or erasure of your personal information
  • Opting out from receiving marketing communications that we send you at any time.
  • Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect the processing of your information conducted in reliance on lawful processing grounds other than consent.
  • Requesting portability of your personal information
  • Complaining to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available here.

If you wish to exercise these rights, please submit your request in writing. We will respond to your request consistent with applicable laws. To protect your privacy and security, we may require you to verify your identity.

17. Independent Dispute Resolution

[ the independent dispute resolution body designated to address complaints and provide appropriate recourse free of charge to the individual, and whether it is: (1) the panel established by DPAs, (2) an alternative dispute resolution provider based in the EU, or (3) an alternative dispute resolution provider based in the United States, ]

{being subject to the investigatory and enforcement powers of the FTC, the Department of Transportation or any other U.S. authorized statutory body]

[the possibility, under certain conditions, for the individual to invoke binding arbitration,]

18. Changes to This Statement

We may update this privacy policy from time to time. Any changes will be posted on this page with an updated revision date. If we make any material changes, we will provide notice through the Service or by other means. In the event of a revision to this Policy, we will provide notice to you by publishing the most current version at www.simplus.com/privacy-policy and revising the date at the top of this page. If we make any material change to this policy, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform.

19. Contact

If you have any questions or complaints about this Privacy Policy or how we use your information, please contact us at 833.SIM.PLUS or contact us via email at [email protected].

The data protection representative for our businesses that are processing personal data within the scope of European data protection laws and established outside of the EEA and Switzerland is Simplus.

 

If you have any questions, comments, complaints or requests regarding this privacy policy or our processing of your information, please contact our Data Privacy Officer:

Adam Wardel

General Counsel

10 West Broadway, Suite 500

Salt Lake City, UT 84101

You may also lodge a complaint with the data protection authority in the applicable jurisdiction.

20. Supplementary Notices

 

Last updated:  August 5, 2019

CONTACT US

Under European data protection law, the processor of your information is Outbox Systems, Inc.

If you have any questions or complaints about this Privacy Policy or how we use your information, please contact us at 833.SIM.PLUS or at suppo[email protected].