Last Updated: April 22, 2023
At BuyersRoad, Inc. d/b/a Experience.com (“Experience.com,” “Company,” “we,” “our” or “us”), we take your privacy seriously. We are committed to the privacy of our customers and those who use our website(s), including but not limited to http://www.experience.com (the “Website(s)” or “Site(s)”), our software-as-a-service product called the Experience Management Platform (“SaaS Services”), when you opt-in to receive SMS mobile messages, interact with us, subscribe to our newsletter, participate in online advertisements or marketing emails, or engage with any other websites, pages, features, or content, products and/or services we own, operate and/or provide that directs you this privacy notice (“Privacy Notice”). The Site, SaaS, Services and other products and services shall collectively be referred to herein as the “Services”.
Federal and state laws say that we must tell you how we collect, share and protect your personal information. This Privacy Notice describes Experience.com’s policies and practices regarding our collection and use of your personal information and sets forth your privacy rights. We recognize that data privacy is an ongoing responsibility. We will from time to time update this Privacy Notice as we adopt new privacy practices and policies in response to updates in the law, to align with changing industry best-practices, and to reflect our product enhancements. Please read this Privacy Notice very carefully.
By accessing and using the Services, you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Notice and the Cookie Policy located at https://www.experience.com/cookie-policy (“Cookie Policy”). The Services are intended for users located in the United States only, and you hereby expressly acknowledge and agree that if you are accessing and/or using the Services that you reside in the United States and will only access and/or use the Services in the United States. The use of the Site is subject to the Terms of Use located here.
Please click on the below links to go directly to that section of the Privacy Notice:
- Types Of Information We Collect
- Children’s Online Privacy Protection Act (“COPPA”)
- Information you Provide to Us
- Collected via Technology and Integrated Services
- Use and Processing of Your Personal Information
- Use and Processing of Non-Personal Information
- How We Share Your Personal Information
- Links to Third Party Websites and Third Party Providers
- Your Rights Regarding the Use of Your Personal Information
- Your Rights and Choices
- How We Protect Your Personal Information
- How We Retain Your Personal Information
- Changes to This Privacy Notice
- Other Important Information
- Other Jurisdictions
- Contact Information
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Types Of Information We Collect
We collect “Non-Personal Information” and “Personal Information” and the information we collect from you depends on how you use the Services. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. The following provides examples of the type of information that we collect from you and how we use that information.
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
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Children’s Online Privacy Protection Act (“COPPA”)
Our Services are not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or services directed at children. If we discover that a child under 13 has provided us with Personal Information, we will delete such information.
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Information You Provide to Us
- We collect Personal Information from you such as your first and last name, e-mail address, mailing address, phone number, username and password when you choose to subscribe to our Services/ set up an account through the Services.
- When you engage us to provide Services, our payment processor will collect all information necessary to complete the transaction, including your name, company name, credit card information, billing information, and direct deposit/ ACH information.
- If you provide us feedback or contact us via email, we may collect your name and email address, as well as any other content included in the email, in order to send you a reply.
- When you participate in one of our surveys, we may collect additional information that you knowingly provide.
- We will maintain the information you send via email in accordance with applicable federal law.
- In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
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Collected via Technology and Integrated Services
- In an effort to improve the quality of the Services, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using Cookies. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive or mobile device. Sending a Cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. Please review our Cookie Policy for more information.
- We may also use third party analytics services such as Google Analytics to collect information about how you use and interact with our Services. Such third-party analytics services may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which website referred you to the Website or SaaS.
- Our Website and App use social media connectors. They are social media buttons including Facebook, LinkedIn and Instagram you see on our Website and App, or links to blog posts that allow you to connect and learn more about us, and interact with us, our users and marketing partners. We reserve the right to use technological equivalents of Cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.
- Some content or applications, including advertisements, on the Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use Cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used and we are not liable for any third party providers, acts or omissions. If you have any questions about an advertisement or other targeted content, you should contact the third party provider directly.
- We may also collect data from other services you use such as Facebook, Twitter, LinkedIn, Yelp, and Google+ (“Integrated Services”) that you may link your Experience.com profile to. When you connect to Integrated Services, we will receive and publish to your Experience.com profile information that the Integrated Services make available to us, such as your name, email address, date of birth, gender, profile photo, cover photo, URL, and status feeds. When you connect an Integrated Services to your Experience.com profile, we automatically collect and display the ten most recent posts for your status feeds on the Integrated Services, and we will automatically publish posts you make on Experience.com to your Integrated Services that support such functionality. We will also automatically publish a review to your Integrated Services and/or your employer’s social media accounts that support such functionality, if the review meets the minimum score for automated syndication in your profile settings and the reviewer selects that it was a “Great” experience. If you would prefer to not have your reviews posted you should not connect with an Integrated Service. You can also delete posts on your Experience.com profile through your profile settings or delete the posts on the Integrated Services if they allow you to do so. You should review your privacy settings and policies for the Integrated Services to understand the information it sends to us and how they use information they receive before connecting them to our Services.
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Use And Processing of Your Personal Information
In addition to the purposes and uses described above, we use information in the following ways:
- to identify you when you visit our Sites or use the SaaS Services and/or other products or services requested by you;
- to provide our Services;
- to improve our Services and offerings;
- to promote the security of our Services;
- to conduct analytics;
- to respond to inquiries related to support, employment opportunities, or other requests;
- to allow users of Experience.com to contact you;
- to send marketing and promotional materials including information relating to the Services, sales, or promotions, or those of our business partners;
- for internal administrative purposes, as well as to manage our relationships;
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you sign up for Services, we may collect your information to complete that transaction, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your Services. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
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Use and Processing of Non-Personal Information
In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Services. This Privacy Notice does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.
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How We Share Your Personal Information
In addition to the specific situations discussed elsewhere in this Privacy Notice, we disclose information in the following situations:
- Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
- Social Networks and Other Websites. We will automatically publish your posts from the SaaS Services to your Integrated Services that support such functionality. We will also automatically publish a review you receive to your Integrated Services and/or your employer’s social media accounts that support such functionality, if the review meets the minimum score for automated syndication in your profile settings and the reviewer selects that it was a “Great” experience. Their use of the information will be governed by their privacy policies. If you signed up for the SaaS Services through your employer, your employer may restrict your ability to post information from the SaaS Services to other websites.
- Displaying Information to Others. Your profile on the SaaS Services is publicly displayed and will be viewable by others, so please do not provide personal information that you would not want to be public. Your publicly displayed information includes posts from Integrated Services that you connect to your profile on the SaaS Services and reviews provided by your customers and other individuals that choose to provide reviews. Any individual may request to provide a review. You can report reviews for removal that are not from your customers or associates, do not include facts, or include vulgarity. You are not able to manually delete reviews. Individuals providing reviews should take care to not provide information in survey responses that they do not want to be made available to the public.
- Your Company. If you sign up for an account through your employer, your employer will have access to the information in your profile. Your employer also has control over your profile, including your profile content and the actions you can take with regard to your profile, including associating your social media accounts, exporting information, or syndicating your reviews to your social media accounts or your employer’s social media accounts.
- Service Providers. We share your information with service providers. Among other things service providers help us to administer our Services, conduct surveys, provide technical support, process payments, and assist in the fulfillment of requests for Services and/or other products or services.
- Other Disclosures with Your Consent. We may ask to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Notice.
- Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
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Links to Third Party Websites and Third Party Providers
As part of the Services, we may provide links to or compatibility with other websites or applications; however, we are not responsible for the privacy practices employed by those websites or the information or content they contain nor are we liable for third party products, services, acts and/or omissions. This Privacy Notice applies solely to information collected by us in relation to the Services and your use of the Services. Therefore, this Privacy Notice does not apply to your use of a third-party website accessed by selecting a link via the Services. To the extent that you access or use the Services through or on another website or application, then the privacy notice of that other website or application will apply to such access and/or use. We encourage our users to read the privacy statements of other websites before proceeding to use them.
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Your Rights Regarding the Use of Your Personal Information
We offer certain choices about how we communicate with you and what Personal Information we obtain about you and share with others. You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of our Services.
Profile. You may update or correct your Personal Information or close your account at any time by accessing your profile settings page on the SaaS Services or by contacting us at [email protected]. Our customers may also update or correct information on their employees’ sites or close their employees’ accounts by contacting us.
Promotional Communication. We may send periodic promotional emails to you. You have the right at any time to prevent us from contacting you for marketing purposes. You may opt out of receiving promotional communications from us by using the unsubscribe link within each email. Even after you opt out from receiving promotional messages from us, we may continue to send you administrative and security messages from us regarding the Services, including, for example, periodic updates to our privacy Notice. If you feel that you received a survey from a user in error and wish to unsubscribe from survey emails, please contact us at [email protected].
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Your Privacy Rights and Choices
If applicable privacy laws allow, you may have rights over your Personal Information. This includes, but is not limited to:
- Right to Know. You have the right to request disclosure about our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collected, the sources of the information, our business purposes for collecting or sharing the information and the categories of third parties with whom we shared such information. You may request a copy of the specific pieces of Personal Information we may have collected about you in the last 12 months.
- Right to Delete. You may request that we delete (and direct our service providers to delete) your Personal Information, subject to certain exceptions.
- Right to Opt-Out. You have the right to opt-out of any ‘sales’ of your Personal Information, if a business is selling your information. For clarity, we do not sell your Personal Information.
- Non-Discrimination. You have the right to not be discriminated against for exercising these rights.
You can make the following choices regarding your Personal Information:
- Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. We will provide this information in a portable format, if required. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
- Changes To Your Personal Information. We rely on you to update and correct your Personal Information. Most of our products and/or services allow you to modify or delete your account profile. If our Services do not permit you to update or correct certain information, you contact us at the address below in order to request that your information be modified. Note that we may keep historical information in our backup files as permitted by law.
- Deletion Of Your Personal Information. Typically we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by contacting us at the address described below. If required by law we will grant a request to delete information, but you should note that in some situations such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted and in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
- Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the address described below.
- Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you communications related to our Services.
- Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
- Revocation Of Consent. If you revoke your consent for the processing of personal information then we may no longer be able to provide you the Services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.
You may exercise these rights by clicking here, emailing us at [email protected] or calling us at 925-553-4716. We will respond to any such request in a timely manner and we will use commercially reasonable efforts to respond within the timeframe required by applicable law. If we need more time to fulfill your request, we will let you know in advance.
Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name or other account information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:
- A written notice indicating that you have authorization to act on the consumer’s behalf, signed by you and the consumer.
- If you are a business, proof that you are registered with the appropriate Secretary of State to conduct business.
If we do not receive both pieces of information, the request will be denied.
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How We Protect Personal Information
We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because no method of transmission over the Internet, or method of electronic storage, is fully secure we cannot warrant the security of any information a user transmits to us or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Any account you have on our Website(s), or SaaS is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. You are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
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How We Retain Your Personal Information
We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this information indefinitely without further notice. We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested information, you may not be able to use the Services. You can request further details of retention periods for different aspects of your Personal Information by contacting us.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized, or de-personalized information which we may retain indefinitely.
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Changes to This Privacy Notice
We reserve the right to change this Privacy Notice or any agreement you entered into with Experience.com from time to time. We may notify you of significant changes to this Privacy Notice by sending a notice to the primary email address specified by you or by placing a prominent notice on the Website(s). Significant changes will go into effect thirty (30) days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Services and this Privacy Notice for updates. Our Privacy Notice includes a “last updated” date that refers to the date the Privacy Notice is updated.
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Other Important Information
The following additional information relates to our privacy practices:
- Transmission Of Information To Other Countries. Experience.com is located in the United States. Our service providers and other third parties you may interact with in connection with our Services may be located in the United States and other countries around the world. As a result your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. To the extent Personal Information is collected and subsequently transferred out of the European Economic Area, the transfer will take place consistent with the Standard Contractual Clauses. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.
- Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
Other Jurisdictions
Personal Information that you submit through the Services may be transferred outside of the jurisdiction in which you live. We also store Personal Information locally on the devices you use to access the Services. Your Personal Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the information. The following provisions may apply to you depending on where you are located. If the jurisdiction where you are located is not listed below, we will process and protect your information as described in this Privacy Notice.
California
This Section is only applicable if you are a resident of the state of California (“California Resident”). Please see our California Privacy Notice Addendum for additional disclosures and information about Colorado Residents’ privacy rights
Colorado
This Section is only applicable if you are a resident of the state of Colorado (“Colorado Resident”). Please see our Colorado Privacy Notice Addendum for additional information about Colorado Residents’ privacy rights starting July, 2023.
Nevada
This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing users, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at [email protected]. or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: [email protected].
Although we do not currently conduct sales of personal information, Nevada residents may submit a request directing us to not sell Personal Information we maintain about them if our practices change in the future. To exercise this right, email us at [email protected] with the subject line: “Nevada: Request to Opt-Out.
Vermont
In accordance with Vermont law, we will not share information we collect about you with companies outside of Experience.com except as described herein, or otherwise required or permitted by law.
Virginia
This Section is only applicable to you if you are a resident of the state of Virginia (“Virginia Residents”). Please see our Virginia Privacy Notice Addendum for additional information about Virginia Residents’ privacy rights and verification on consumer requests and timeline.
Contact Information. If you have any questions, comments, or complaints concerning our privacy practices please contact us at [email protected]. If you prefer to contact us by postal mail, please use the following address:
Attn: Privacy Team
2010 Crow Canyon Place Ste 100
San Ramon, CA 94583-1344
We will attempt to respond to your requests and to provide you with additional privacy-related information.