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Namely Privacy Policy

This policy describes the policies and procedures of Namely, Inc. (“Namely”, “we”, “our” or “us”) on the collection, use and disclosure of your information on namely.com (the “Site”), the services, features, content or applications we offer (collectively with the Site, the “Services”) and our mobile application: Namely (“Mobile App”) (the “Privacy Policy”). It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personally identifiable information (“Personal Information”). When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. In some instances, the use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Namely.

Namely complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States, respectively. Namely has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principle shall govern. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.

Namely is responsible for the processing Personal Information it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Namely complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EU and Switzerland, including the onward transfer liability provisions.

With respect to Personal Information received or transferred pursuant to the Privacy Shield Framework, Namely is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of Personal Information gathered when you use or access the Services and Mobile App. This Privacy Policy also covers our treatment of any Personal Information that our Clients share with us or that we share with our business partners. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Services or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What Information Do We Collect About You?

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request and collect some of your Personal Information. We collect the following types of information from our users.

Information You Provide Us:

You may choose to provide us with certain Personal Information, such as your name, email address and phone number. We collect sensitive information such as ethnic origin of the individual for the purpose of collecting ethnographic data as an aggregate. You acknowledge that by providing this information to us, we may contact you to send you information about the Services. We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile App. We may request access to your device’s camera and photo storage. This allows you to take and upload pictures and such access would only be used in ways you choose. You may at any time revoke access at the device level. We do not access your device’s camera and photo storage without your permission. We use mobile analytics software to allow us to better understand the functionality of our Mobile App on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personal Information you submit within the Mobile App. When you download and use our Services, we automatically collect your device information such as operating system version, type, hardware usage statistics, etc.

Tracking Technologies

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We link this automatically collected data to other information we collect about you. Technologies such as: cookies, beacons, tags and scripts are used by Namely and our marketing partners, analytics providers, and customer support systems. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We use cookies for marketing and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited. We and third parties with whom we partner to provide certain features on our Site or to display advertising based upon your web browsing activity use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs.

We partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this Site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Social Media Features

Our Site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the Privacy Policy of the company providing it.

Single Sign-On

You can log in to our Site using sign-in services such as Log in With Google or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form.

Blog

Our Site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at info@namely.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Testimonials

We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at info@namely.com.

Referral

If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Namely stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at info@namely.com to request that we remove this information from our database. If you believe that one of your contacts has provided us with your Personal Information and you would like to request that it be removed from our database, please contact us at info@namely.com.

Aggregate Information:

We collect statistical information about how both users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you or your web browser.

Information Related to Data Collected for our Clients

Service Provider Collection and Use:

When acting as a service provider, Namely collects information under the direction of its Clients, and has no direct relationship with the individuals whose Personal Information it processes.

Choice

When acting as a service provider, we collect information for our Clients, if you interact with one of our Clients and would no longer like to have your Personal Information used by one of our Clients that use our service, please contact the Client that you interact with directly.

Access to Personal Information Controlled by our Clients

When acting as a service provider, Namely has no direct relationship with the individuals whose Personal Information it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data or no longer want to be contacted by one of our Clients should direct his query to the Namely Client (the data controller). If the Client requests Namely to remove the data, we will respond to their request within 30 business days.

How, and With Whom, Is My Information Shared?

Third Party Services:

At times, you may be able to access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

Email Communications with Us:

As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to promotions we are offering through the Services. You may opt-out of receiving such communications by following the instructions included with such emails, or emailing us at info@namely.com.

Information Shared with Our Agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control such as an email service provider to send emails on our behalf, mapping service providers, and customer support providers (our “Agents”). We may need to share Personal Information with our Agents in order to provide Services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients. You hereby consent to our sharing of Personal Information with our Agents.

Information Disclosed Pursuant to Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

Information Disclosed for Our Protection and the Protection of Others:

In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information. We will share your Personal Information only in the ways that are described in this Privacy Policy.

Access To Personal Information

Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at support@namely.com.

If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete/deactivate it by logging into your account and making the appropriate changes or by emailing our customer support at support@namely.com. We will respond to your request to access within 30 days.

We will retain your Personal Information, the Personal Information we process on behalf of our Clients for as long as needed provide services to our Client, for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

The security of your Personal Information and our Clients’ information is important to us. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact info@namely.com.

What Happens When There Are Changes to this Privacy Policy?

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email prior to the changes becoming effective. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

What If I Have Questions or Concerns?

If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to info@namely.com or via postal mail at 195 Broadway, 15th Floor, New York, NY 10007. We will make every effort to resolve your concerns.

Effective Date: June 23, 2017