CrowdSmart Privacy Policy

Effective Date: May 26, 2021

This Privacy Policy covers the practices of CrowdSmart, Inc. and its subsidiaries (“CrowdSmart,” “we,” “us,” or “our”) concerning personal information that we obtain in connection with our our web-based evaluation platform offered as a cloud service, and any related training, enablement or other technical services provided by Crowdsmart (collectively, the “Services”) and other aspects of our website. CrowdSmart helps organizations make well-informed, confident decisions by combining the best of human and artificial intelligence. CrowdSmart’s Services allow each customer with whom we maintain a contract for the Services (“Customer”) to collect and refine predictive insights from their chosen colleagues, partners, and external experts (collectively “Evaluators”).

This Privacy Policy contains the following sections:

1. Information We Collect

2. Use of Information

3. Sharing of Information

4. International Data Transfers

5. Legal Basis for Processing Information

6. Your Rights and Choices

7. Updates and Changes to This Policy

8. Protection of Information

9. Retention of Information

10. Contact Information

a. Information You Provide to Us:

You may provide the following types of information to us:

• Contact details, such as name, email address, phone number, employer, job title and address;
• Education and employment history
• Optionally, birthdate, gender, race or ethnicity (all of which may submitted on a voluntary basis by Evaluators to assist Customers in building teams of Evaluators);

b. Information Collected Automatically:

When you visit our websites and other online properties, we and third parties may collect technical information from your web browser or other internet-connected device by automated means such as cookies, web beacons, local storage, JavaScript, and other computer code. This information may include unique browser identifiers, IP address, browser and operating system information, other device information, Internet connection information, as well as details about your interactions with the relevant website, email or other online property (for example, the URL of the third-party website from which you came, the pages on our website that you visit, and the links you click on while using our website). Some of these technologies (such as cookies) involve storing unique identifiers or other information on your device for later use. We and third parties may use pixel tags and cookies in our emails so that we can analyze your interaction with those messages, including whether you open the email or click a URL link within the email.

The use by third parties of information they collect through our websites, mobile apps, or other digital properties is governed by their own privacy policies, not ours.

c. Information From Third Parties

We may also receive personal information from third parties, including our customers, service providers, and affiliates, as well as from publicly available sources such as LinkedIn and company websites.

Subject to any applicable restrictions in our contracts with our Customers, we and our service providers use the information described above for the following purposes:

• Administer your account, including to process your registration and verify your information;
• Provide, manage, and improve our Services and websites;
• Conduct business operations in support of our Services and websites, such as auditing, security, fraud prevention, invoicing and accounting, sales and marketing, analytics, and research and development;
• Contact you regarding CrowdSmart and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you;
• Customize content, preferences, and advertising;
• Measure the effectiveness of our advertising and marketing campaigns;
• Remember your settings on the pages you visit so that we can display your preferred content the next time you visit;
• Perform analytics, measure traffic and usage trends, and better understand the demographics of users;
• Diagnose and fix technology problems;
• Create aggregated, anonymized or de-identified information;
• Comply with laws, regulations, and other legal process and procedures; and
• Establish, exercise, or defend our legal rights.

We may use and disclose appropriately aggregated or de-identified information for any purpose.

Subject to any applicable restrictions in our contracts with our Customers, we may share your information as follows:

• With Customers: Information collected from Evaluators is shared with the Customer they are assisting. CrowdSmart also may create statistics or other data based on such information and on the Evaluators’ use of the Service for a Customer and may share such details with the relevant Customer.
• With Evaluators: Evaluators may learn details about other Evaluators while collaborating for a Customer. Evaluators also will have access to any materials provided to them by Customers and their personnel.
• With Service Providers: We may share your information with companies that provide services to us, such as providers of data storage, marketing, web hosting, security, analytics, and fraud prevention services.
• With Affiliates: We may share information with other members of our corporate family for the purposes described in this Privacy Policy.
• With Business Partners: We may share information with business partners, such as expert networks.
• Legal: We may share information when we believe disclosure is appropriate due to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; or as otherwise required by law.
• Protection of CrowdSmart and Others: We may share information when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our employees, our Customers, or others; and to enforce our contracts.
• Corporate Transactions: We may disclose your information as part of, or to take steps in anticipation of, a sale of all or a portion of our business, a divestiture, merger, consolidation, asset sale, bankruptcy, or other significant corporate event.
• Your Consent: If you have consented to additional sharing of your information, we may also share your information consistent with your consent.

We are headquartered in the United States, and recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as the laws of your country where you live. However, this Privacy Policy applies to CrowdSmart’s operations worldwide.

The General Data Protection Regulation (“GDPR”) and similar laws require data controllers to explain the legal bases that justify their processing of your personal information. Where our Customer is the data controller and we act only as their data processor, the Customer determines the relevant legal bases. To the extent such rules apply to our processing of personal data as a data controller, our legal bases are:

• In many cases, our processing your personal information is necessary for our legitimate interests or the legitimate interests of others. For example, we may process your personal information on this legal basis to:
  • Manage and improve our Services and websites;
  • Conduct business operations in support of our services, such as auditing, security, fraud prevention, invoicing and accounting, certain sales and marketing activities, certain analytics activities, and research and development;
  • Contact you through certain channels regarding CrowdSmart and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you;
  • Create aggregated, anonymous, or de-identified information; or
  • Establish, exercise, or defend our legal rights.
• In some cases, processing your personal information is necessary for us to comply with our legal obligations. For example, we will process certain personal information to comply with tax laws.
• In some cases, we process your personal information to perform our obligations pursuant to a contract with you or to take steps in anticipation of entering into such a contract. For example, we may process personal information on this basis to:
  • Administer your account, including to process your registration and verify your information; and
  • Complete transactions with you.
• In other cases, we process your personal information based on your consent. For example, in some cases the following activities will be performed on the basis of consent:
• • Contacting you through certain channels regarding CrowdSmart and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you; and
  • Conducting certain other sales, marketing and analytics activities.

Cookies and similar technologies: You may be able to set your browser to refuse certain types of cookies, or to alert you when certain types of cookies are being used. Some browsers offer similar settings for HTML5 local storage and other technologies. However, if you block or otherwise reject cookies, local storage, JavaScript or other technologies, certain websites (including some of our own websites) may not function as expected. Because we and third parties may use non-cookie technologies with your browser or device, browser settings that block cookies used in isolation may have no effect on the use of those technologies. To learn more about some of the third parties who deliver tailored online ads using cookies and similar technologies, and how to opt out of receiving tailored ads from some of the third parties with whom we may work, you can visit https://optout.networkadvertising.org or https://youradchoices.com from each browser you use. Using these opt-out tools does not mean you will no longer see advertising online, but it does mean that the companies from which you opt out will no longer show ads that have been tailored to your interests in certain ways. To opt out of Google Analytics, you can visit the Google Ads Settings page from each browser. Google also allows you to install a Google Analytics Opt-out Browser Add-on for each browser. We do not respond to browser-based do-not-track signals.

Actions you take to control the collection or use of information on one browser or device generally do not affect how information is collected or used on other browsers or devices you may use. If you replace, change, upgrade or reset your browser or device, or delete your cookies, you may need to repeat those actions.

You may opt out of or unsubscribe from our marketing emails using the links provided in the footer of those emails.

Depending on which laws apply to particular situations, residents of the European Economic Area, the UK and some other jurisdictions have certain additional legal rights to do the following with personal information we handle:

• obtain confirmation about whether we hold personal information about them, and receive information about how it is used and disclosed;
• obtain a copy of the personal information, and in some cases, receive it in a structured, commonly used and machine-readable format, or have it transmitted to a third party in such form;
• update, correct or delete the information;
• object to the use or disclosure of the information;
• withdraw consent previously provided for the handling of the information (without affecting the lawfulness of prior use and disclosure of the information); and
• obtain a restriction on the use of the information.

For example, individuals whose personal information is subject to the GDPR have a right to opt out of our handling of their personal information for direct marketing purposes.

Many of the rights described above are subject to limitations or exceptions under applicable law.

If you wish to exercise any of these rights, or raise a complaint about our handling of your personal information, please contact us as described at the end of this Privacy Policy. You also have a right to file a complaint about our privacy practices with the relevant supervisory authority, but we respectfully invite you to contact us first, as we would like to do our best to resolve any concern you may have.

To help protect personal information, we have put in place physical, technical, and administrative safeguards. However, we cannot assure you that data that we collect under this Privacy Policy will never be used or disclosed in a manner that is inconsistent with this Privacy Privacy.

We will retain personal data as long as necessary to fulfill the purposes outlined in this Privacy Policy unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described in this Privacy Policy, we make backups of certain data, which we may retain for longer than the original data.

CrowdSmart may update this Privacy Policy from time to time, such as to reflect changes in our practices or for legal reasons. We will post those changes here or on a similarly accessible page.

If you have any questions or comments regarding our privacy policy and practices, or to submit a request or complaint, please email us at legal@crowdsmart.ai or use the contact details below:

CrowdSmart, Inc.
44 Tehama St
San Francisco, CA 94105
Phone: 408-758-1291
Email: legal@crowdsmart.ai