Terms and Privacy

September 2024

Observe

Privacy Notice

Introduction

We, at Observe, Inc. (“Observe“, the “Company”, “we”, “us”, “our”), respect the privacy and data protection rights of our website visitors, business contacts and actual and potential customers.

This Privacy Notice (the “Notice“) describes the personal information we have and the policies and procedures we use regarding personal information, in each of the following contexts –

Through our website www.observeinc.com (the “Website”).
When you subscribe to our newsletters or access our webinars.
When you visit us at trade shows and conferences.
About representatives of our existing and prospective customers, reseller partners, and vendors (the “Representatives”).

We are committed to complying with applicable data protection laws, including the California Consumer Privacy Act (CCPA).

This Notice may be amended from time to time. We will post any change to this Notice on our Website a reasonable time in advance of the effective date of the change, and we will also make efforts to proactively notify you by email of the changes to the Notice if we have your email address.

Contact us

If you have any questions, comments or concerns regarding this Notice or our processing of your personal information, please contact us at hello@observeinc.com or by mail:

Observe, Inc.
520 S El Camino Real # 400
San Mateo, CA 94402
United States

What we collect and why

Scenario	Purposes	Categories of information processed
You contact us with an inquiry by email or through a Website form.	To contact you to promote our business and market our products and services	Email address and content of inquiry.
You complete our Demo request form.	To contact you to demonstrate and promote our business, products and services	Name, email address, company name, phone number and country.
You subscribe to our newsletters	Send you our newsletter to promote our business and market our products and services	Email address
You scan your badge at our booth in a conference or trade shows in which we present	To contact you to promote our business and market our products and services	Name, title, company, email
You ask to access a webinar or other expert content we offer	To contact you to promote our business and market our products and services	Name, email address, job title and company name.
We receive your information when you purchase one of Observe’s products or services from us or sign up to a free trial of our products or services.	Administering the business and support/professional services relationship with you as a customer. Providing customer support and professional services to you.	Name and email address.
We engage in a business relationship with a vendor or service provider which you are a representative of	Administering the business relationship with vendors and service providers. Facilitating Observe’s use of vendors and service provider’s products and services.	Name, email address, company, position, phone number, country, communication exchanged with you.

Methods and sources for collecting your personal information

We collect the personal information from several sources:

Directly from you when you provide it to us through email communications, an online form, or when you scan your badge at our booth in a conference or trade shows in which we present.

You are not legally obligated to provide us your personal information, but if you do not, we will not be able to handle or respond to your inquiry, maintain our business contact with you, or fulfill your request to register to our webinar, conference, or newsletter.

If another Representative of your organization provides us with your information.
Through the device you use to access our Website, such as in our use of cookies.

Sharing your personal information

We will not share your information with third parties, except in the events listed below or when you provide us with your explicit and informed consent. We do not sell your personal information to third parties.

Scenario	Purposes	Examples of Third parties involved
We will share your personal information with our service providers who assist us with the internal operations of our business and the Website. These companies are authorized to use your personal information in this context only as necessary to provide these services to us and not for their own promotional purposes.	Operating the Website and our business	Hubspot, Salesforce.com, Marketo, 6Sense, ZoomInfo,TechTarget
If you abused your rights to use the Website or violated any applicable law while doing business with us.	Responding to, handling, and mitigating suspected violations of law in connection with our business.	Competent authorities, legal counsels, and advisors.
If a judicial, governmental, or regulatory authority requires us to disclose your information.	Complying with a binding request from a competent authority.	Competent authorities.
If the operation of the Website or our business is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition).	Enabling a structural change in the operation of the Website and our business.	The target entity of the merger or acquisition, legal counsels, and advisors.

Data retention and security

We retain your information for the duration we need it to operate the Website and our business, and interact with customers, and suppliers, and thereafter as needed for record-keeping matters.

We will retain your information for the duration needed to support our ordinary business activities operating the Website and interacting with existing and potential customers, and suppliers. Thereafter, we will still retain your personal information as necessary to comply with our legal obligations, resolve disputes, establish, and defend legal claims and enforce our agreements. The overall period of retention is approximately 7 years.

We implement measures to secure your information

1. We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, there is no guarantee that it will be immune from information security risks.

Additional information for individuals in the United States

Below is the information we have collected about you in the past 12 months. We do not sell your personal information and have not done so in the past 12 months. We also do not use or disclose sensitive personal information.

Categories of personal information	Specific types of personal information collected	Business purposes for which the information is used
Identifiers	Name, email address.	Providing customer service Processing or fulfilling orders and transactions, verifying information, processing payments, auditing related to a current interaction with you Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity Undertaking internal research for technological development and demonstration. Undertaking activities to verify or maintain the quality of the service and to improve, upgrade or enhance the service. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards Debugging to identify and repair errors
Other information that identifies, relates to, describes, or is capable of being associated with, the individual	Phone number, country
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	Products and services used or expressed interest in, communications with you and content of your inquiry.
Professional information	Company affiliation, position, Participation in conferences or trade shows
Internet or other electronic network activity information	IP address, pages visited, Website functions used, fields completed in forms, How and when you viewed content, clicked linked, or completed forms in emails.

Sharing and Disclosing to third parties

The chart below explains the personal information we disclosed in the preceding 12 months. It also explains about the personal information we share for online behaviorally targeted ads in the preceding 12 months. Other than this, we have not disclosed your personal information for a business purpose in the preceding 12 months.

We do not have actual knowledge that we share the personal information of consumers under 16 years of age for online behaviorally targeted ads.

Categories of personal information	Categories of third parties to whom we disclose your information and the specific business or commercial purpose for the disclosure
Identifiers	Competent authorities, legal counsels, and advisors if you abused your rights to use the Website or violated any applicable law while doing business with us. This is to protect against malicious, deceptive, fraudulent, or illegal activity. Judicial, governmental, or regulatory authority if they require us to disclose your information. This is to protect against malicious, deceptive, fraudulent, or illegal activity. Target entity of the merger or acquisition, legal counsels, and advisors If the operation of the Website or our business is organized within a different framework, or through another legal structure or entity. This is to improve, upgrade or enhance the service
Other information that identifies, relates to, describes, or is capable of being associated with, the individual
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Professional information
Audio and video information
Internet or other electronic network activity information
Internet or other electronic network activity information; Inferences	Sharing with advertising networks for online behaviorally targeted ads.

Your rights under state privacy laws in the U.S.

Notice of the Right to Opt-Out Using the Opt-Out Preference Signal

You have a right to opt-out of sharing your personal information for behavioral targeted ads. You can exercise this right by using the opt-out preference signal as explained here.

We process the opt-out preference signal if it is sent by your browser in accordance with the “global privacy control”. For more information on how to install and implement the global privacy control, please visit globalprivacycontrol.org/#download.

If you turn on this global privacy control in your browser, we will receive the signal, process it in a frictionless manner, and treat it as a request to opt-out of the use of your personal information for behavioral-targeted ads. The opt-out request is specific to the browser in which you have it turned on. It is effective as an opt-out request only while you use that browser to visit our website.

Knowing the personal information we collect about you

You have the right to know whether we are processing your personal information. If we do, you have the right to know the following information, which we will provide to you after we receive your request and verify your identity:

The categories of personal information we collected about you.
The categories of sources from which the personal information was collected.
The purposes for which we collect personal information.
The categories of third parties with whom we share personal information.
The specific pieces of personal information we collected about you.

Right to obtain portable copy of your personal information

If your data is available in a digital format, you have the right to obtain a copy of the personal information that you previously provided to us, in a portable and readable format (to the extent this is technically feasible).

Right to correct information

If we receive a verifiable request from you to correct your information and we determine the accuracy of the corrected information you provide, we will correct inaccurate personal information that we maintain about you.

In determining the accuracy of the personal information that is the subject of your request to correct, we will consider the totality of the circumstances relating to the contested personal information.

We also may require that you provide documentation if we believe it is necessary to rebut our own documentation that the personal information is accurate.

We may deny your request to correct in the following cases:

We have a good-faith, reasonable, and documented belief that your request to correct is fraudulent or abusive.
We determine that the contested personal information is more likely than not accurate based on the totality of the circumstances.
Conflict with federal or state law.
Another exception to state privacy laws.
Inadequacy in the required documentation
Compliance proves impossible or involves disproportionate effort.

We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to correct your information

Right to deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the applicable Electronic Communications Privacy Act.
Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, provided we have obtained your informed consent.
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.

Comply with an existing legal obligation.

We also will deny your request to delete if it proves impossible or involves disproportionate effort, or if another exception applies under privacy laws.

We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to delete your information.

Protection against discrimination

You have the right to not be discriminated by us for exercising the rights granted to you under applicable law. If you exercise your rights, we cannot:

Deny you services.
Charge different prices or fees for services, also through discounts, benefits, or fines.
Provide you with a different level or quality of services.
Propose that you receive different prices or tariffs for services.

Please note that we may charge a different fee or provide a different level or quality of services, if the difference is reasonably related to the value we gain from your personal information.

Exercising your rights

If you would like to exercise any of your rights as described in this Notice, please contact us through the channel indicated in the “Contact Us” section at the beginning of this Notice.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using a two or three points of data verification process, depending on the type of information you require.

Note you may appoint an authorized agent to file requests to exercise your rights on your behalf. To this end, you must provide your authorized agent with written approval to do so. The authorized agent will have to present us with proof, attesting that you authorized them to act on your behalf. Furthermore, we will require verification of your identity, as explained above.

Our response to your requests

We will respond to your requests within 45 days (or within 90 days, where the law permits, and we determine it necessary considering the complexity and number of the requests you have filed). If we take longer than 45 days, we will inform you of the extension within the initial forty-five-day response period, together with the reason for the extension.

We may deny your request in the following cases:

If we believe in good faith, based on reasons which are documented in writing, that your request is fraudulent or is an abuse of your rights under applicable law.
If we conclude that the request is irrelevant, based on all the circumstances at issue (e.g., if you requested the correction of your personal information, and we find that it is likely to be accurate).
If it is contrary to federal or state law.
Due to discrepancy in the required documentation.
If the fulfilment of your request turns out to be impossible or involves disproportionate effort.

We will provide you with a detailed explanation including sufficient facts, to enable you to meaningfully understand why we cannot fulfil your request.