Privacy Policy

Boomtown Network, Inc. dba OvationCXM (“OvationCXM”, the “Company”, or “we”) provides customer experience management software and technology-enabled services. This Privacy Policy explains how OvationCXM collects, uses and discloses information from job applicants, website visitors, and our current and prospective clients (“clients” or “you”) when you use our services. These services include, as applicable, OvationCXM’s websites, platform, mobile application and other online products and services (collectively, the “Services”).

The Services are intended for and provided to businesses, not individual consumers or end-users.  In providing the Services we may process personal information of consumers or end-users at the direction of our enterprise customers. When we do, we do so as a service provider or a “data processor” to those organizations, but we do not control and are not responsible for the privacy practices of those organizations. This Policy does not apply to personal information we process as a service provider or data processor on behalf of our enterprise customers. If you are a consumer end-user of one of those organizations, you should read that organization’s privacy statement and direct any privacy inquiries to that organization.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

OvationCXM is in the process of certifying its compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  This Privacy Policy will be updated upon completion of the certification.  To learn more about the Data Privacy Framework (DPF) Program, please visit https://www.dataprivacyframework.gov/.

OvationCXM is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

OvationCXM is held liable in cases of onward transfers to third parties.

Collection of Information

The personal data we collect depends on how you interact with us, the services you use, and the choices you make. Note that we do not “sell” personal information as defined by the California Consumer Privacy Act and have not done so in the past.

Consent is obtained where required by law, and contractual necessity applies to processing that is necessary to fulfill our obligations in providing our services to you. We limit our processing to what is necessary for these specific purposes. Additionally, we may process your personal data for compliance with legal obligations, protecting vital interests, performing tasks in the public interest, and pursuing legitimate interests (subject to certain conditions).

When you are asked to provide personal information, you may decline and you may use web browser or operating system controls to prevent certain types of automatic data collection, but if you choose not to provide or allow information that is necessary for the Service, the Service or certain aspects of it may not be available or fully functional.

The Company cares about the safety of children. Because our Services are not directed toward minors, no one under 18 (and certainly no child under 13) is allowed to register with or use the Services. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of 18 and believe he or she has disclosed personal information to us, please contact us at [email protected].

Information You Provide to Us

We collect information about you from different sources and in various ways when you use the Services, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data. 

We collect information when you create an account, participate in any interactive features of the Services, fill out a form, make a purchase, participate in a contest or promotion, communicate with us via third party social media sites, interact with a message board, apply for a job, request customer support, use our platform or otherwise communicate with us. The types of information we may collect include: (1) identifiers, such as your full name, phone number, email address, postal mail address, unique personal identifier, online identifier, internet protocol address, (2) commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (3) professional or employment-related information such as company name, company payment information, and business contact information (e.g., business phone number, address, or email); and (4) any other information you choose to provide (e.g. engaging with a chatbot is completely voluntary and you alone decide what personal information you disclose about yourself in the chat).

Information We Collect Automatically

We collect some information automatically, which may include:

• Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.
• Transactional Information: When you make a purchase, we collect information about the transaction, such as purchase details, purchase price, and date and location of the transaction. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
• Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies, web beacons and session replay. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. Session replay provides the ability to replay a visitor’s interaction with our Services, such as mouse movements, clicks and page visits, in helping us to better understand your experience and may employ cookies and similar technologies. For more information about cookies, and how to disable them, please go to the “Your Choices” section below.

We also collect information about your use of the Services, such as the ways in which you use our platform, the way you respond to us when we send you emails or communications or your preferences when you interact with our Services.

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address. We may also infer information about your email and contact preferences based on how you respond to our communications with you, what information you find helpful, and what type of communication language most resonates with you.

Information We Collect From Other Sources

We may receive personal information about you from data brokers, partners, service providers, social networks, including publicly available sources. We may combine this information with other personal information we maintain about you.

Use of Information

We use the personal data we collect for purposes described in this Policy or otherwise disclosed to you.

We may also use the information we collect to:

• Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service (this may include the use of chatbots and please note that your queries and responses to these chatbots may be transcribed and retained);
• Communicate with you about products, services, offers, promotions, rewards and events offered by OvationCXM and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
• Debug to identify and repair errors impairing existing intended functionality;
• Undertake internal research for technical development and demonstration;
• Undertake activities to verify or maintain the quality or safety of a service owned, manufactured for, or controlled by OvationCXM, and to improve, upgrade, or enhance the service owned, manufactured for, or controlled by OvationCXM;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of OvationCXM and others;
• Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and
• Comply with our legal and financial obligations.

Disclosure of Information

We will disclose your personal information to third parties with your consent or as necessary to complete your transactions or provide the services you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services. In addition, we share each of the categories of personal data described above for the following business purposes:

We may disclose personal information to third-party service providers (e.g., data storage and processing facilities, third-party vendors, consultants) that assist us in our work. We limit the personal information provided to these service providers to that which is reasonably necessary for them to perform their functions.

We may also disclose personal information, including to law enforcement or other government agencies, if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

In addition, we may disclose personal information about our users as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which personal information could be transferred to third parties as one of our business assets.

Third-party analytics and advertising companies, acting on our behalf as our service providers, also collect personal information through our Service as described in the Cookies section of this Policy. For example, we use Google Analytics on our website to help us understand how users interact with our website; you can learn how Google collects and uses information at www.google.com/policies/privacy/partners.

Finally, we may share de-identified information in accordance with applicable law.

Please note that the Service may contain links to other Websites, products, or services that we do not own or operate. If you choose to visit or use any third-party products or services, please be aware that this Policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties.

We maintain a list of our subprocessors in our Data Processing Addendum.

California Privacy Rights

The California Consumer Protection Act (“CCPA”), California Civil Code §§ 1798.100-198, affords specific rights to individuals, including the right to access your data, the right to delete your data, the right to object to the sale of your data, and the right to be free from discrimination if you refrain from disclosing your data.  If you are a California resident, please contact us if you have a question or concern about how we use your data or to make a request regarding your data.  You may contact us at [email protected] or at (415) 690-1610.

California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’s practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to the disclosure (opt-in) or if the customer has exercised an option to opt-out of such information-sharing (opt-out).

We have opted for this alternative approach, and we do not share personal information to third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such customer information.

Location of Information

Our Service is hosted in the United States and all personal information collected in connection with the Service is stored in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including, personal information, will be transferred to, processed, and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States.

Retaining Your Information

We retain personal information for as long as necessary to provide the Service and fulfill your transactions, comply with our legal obligations, resolve disputes, fulfill our contractual obligations, enforce our agreements, and other legitimate and lawful business purposes.

Data Security

OvationCXM protects the personal information it collects with reasonable and appropriate physical, electronic, and procedural safeguards. We use reasonable security measures that are designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any personal information or other information. You transmit information to us at your own risk.

If you have an account with us, to help us protect personal information, we request that you use a strong password and never share your password with anyone or use the same password with other sites or accounts.

Your Choices

Account Information

If you are a current client, you may update, correct or delete certain account information about you at any time by logging into your online account or emailing us at [email protected]. If you wish to cancel or temporarily pause your account, please email us at [email protected] and let us know what you are requesting, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. You can adjust your cookies settings by navigating to the Cookie Settings icon on the lower left corner of our website.

Promotional Communications

You may opt out of receiving promotional emails from us by following the instructions in those emails, by clicking the “unsubscribe” link at the bottom of any of our emails, or by contacting us at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Contacting Us

If you have any questions, comments, or concerns about this Privacy Policy or your personal information, please contact us at [email protected].  You can also reach us at the following mailing address: 1622 Tiburon Blvd, Tiburon, CA 94920.

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