Privacy Policy (Tackle Website)

This section of the Privacy Policy applies only if you are an individual using the Website when located in the UK,  a Member State of the European Union or part of the EEA and where the UK GDPR/EU GDPR applies to Tackle’s processing of your Personal Data in connection with the Website. This section of the Privacy Policy supplements the other information in this Privacy Policy only where applicable and is not intended to create any additional rights or obligations that are not provided under applicable law.

• Legal Basis of Processing Personal Data

Our legal basis to process Personal Data will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect and process Personal Data about you only where it is: necessary for the performance of a contract with you or to take steps to enter into a contract on your behalf ; necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests and those of third parties in circumstances where the interest pursued is not outweighed by the related risk to your rights; or, in rare cases, where it is based on your consent. Where we need to process your Personal Data based on contractual necessity then your failure to provide the information when requested may mean that we are unable to enter into or perform contractual obligations which may prevent us from being able to provide the Website or Our Services to you.

Where we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), such interests will normally be to operate, administer and enable access to the Website, manage our relationship with you and communicate with you as necessary to provide our Services to you and for our legitimate commercial purposes,  such as responding to queries submitted through the Website, improving the Website and the way we provide our Services, undertaking marketing, or for the purposes of ensuring the security of the Website and our Services, complying with our legal obligations, including cooperating with investigations conducted by supervisory authorities or law enforcement agencies, establishing, exercising or defending legal claims and detecting or preventing illegal activities such as fraud. Such other legitimate interests may arise and be notified to you, from time to time. Where we process your Personal Data based on consent then you can withdraw your consent at any time by contacting us using the contact details provided below. We retain your Personal Data if we have an ongoing legitimate business need to do so for example to provide services or products to you, or as required or permitted by applicable laws, such as tax and accounting laws. When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided under Section 14 (Contact Us).

• Retention

We will only keep your Personal Data for as long as necessary to achieve the purposes for which it was initially collected, taking into account any applicable legal requirements and associated retention periods. We may also anonymize data for statistical purposes and in such cases will ensure that you can no longer be identified by those data, meaning that it no longer constitutes Personal Data.

• International Transfers

As described in this Privacy Policy, your Personal Data will be collected, transferred to, and otherwise processed in jurisdictions with differing standards for the legal protection of personal data and privacy, including the US. However, we will only allow your data to be processed in such jurisdictions where we are confident that there are appropriate measures in place.

In particular, we will only transfer your data to jurisdictions that have been deemed to offer an adequate level of protection, or where there are specific contractual protections in place with the recipient. Where we do rely on contractual safeguards, then we will only use model clauses approved for use by the relevant supervisory authorities. To know more about how we use model transfer clauses and instruments then please contact us using the contact link provided below.

• Your Rights

In certain cases you may have rights in connection with your Personal Data, as further outlined below:

• Right of access: subject to certain exceptions, you have the right of access to your personal data that we hold.
• Right to rectify your personal data: if you discover that the information we hold about you is inaccurate or incomplete, you can get in touch to have this information corrected.
• Right to be forgotten: you may ask us to delete information we hold about you in certain circumstances.
• Right to restriction of processing: in some cases you may have the right to have the processing of your personal data restricted.
• Right to object to processing: you can object to processing of your data when it’s based on our legitimate interests, for the purposes of direct marketing or statistical analysis.
• Right to data portability: you have the right to receive or transfer your personal data to another controller if we are processing your data based on consent or on a contract and the processing is carried out by automated means

To exercise your rights please contact us using the contact link provided below. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

We would always welcome the chance to deal with your concerns in the first instance, but you also have the right to make a complaint to the relevant supervisory authority in your jurisdiction if you feel that we have handled your Personal Data improperly.

13. State Privacy Notices
    • California
      • The California Consumer Privacy Act (“CCPA”)

This California Consumer Privacy Act Notice (“CCPA Notice”) applies to California residents that are “Consumers” as defined by the CCPA and is a supplement to our other privacy policies or notices that apply to our Websites, including, without limitation, the remainder of this Privacy Notice.  In the event of a conflict between any other of our policies, statements or notices and this CCPA Notice, this CCPA Notice will prevail as to California Consumers and their rights under the CCPA.  Capitalized terms not defined in this CCPA Notice shall have the meaning given to them in our Privacy Policy.

The CCPA requires covered businesses to disclose whether they sell Personal Information (“PI”) for the twelve months preceding the date this CCPA Notice was last updated, except to the extent such PI is exempt from the notice obligations of the CCPA.

Consistent with the CCPA, this CCPA Notice, including the Consumer Rights described herein, does not apply to PI collected about job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business (“B2B Contacts”).

• Collection, Use and Disclosure of PI

Tackle may collect, retain, use, and share your PI for the purpose of establishing, maintaining, and supporting the Websites that we provide to customers, including the following CCPA categories and non-exhaustive examples within such categories:

• Identifiers: g., your name, employer, email address, IP address.
• Customer Account Details: g., your name.
• Commercial Information: g., purchase records regarding the Tackle customer products purchased through the Tackle Marketplace (i.e., the various business to business cloud marketplaces on which Tackle customers use Tackle products and services to sell their products), work email, business phone number.
• Internet or Usage Activity Information: g., data related to the interaction with the Websites.
• Professional or Employment Information: g., your employer, title.
• Inferences from PI Collected: g., your preferences or likelihood of interest in certain of our Websites.

We collect, use and share the PI we collect for the CCPA-defined business purpose in the bulleted list below and also for the purposes described in our Privacy Notice (our operational purposes) (collectively, our “Business Purposes”).  We share your PI with Service Providers, suppliers, and our affiliates for our Business Purposes.

CCPA-defined Business Purposes (CCPA Section 1798.140)

• Providing the Website, including maintaining and servicing your account on the Website, verifying your information, processing payments, advertising, marketing, or analytics Websites, and similar functions and Websites;
• Detecting security incidents and protecting against malicious, deceptive, or illegal activity;
• Debugging the Website to identify and repair errors;
• Internal research and development;
• Quality and safety assurance, and improving, upgrading, and enhancing the Website;
• Processing and managing interactions and transactions on the Website.

Tackle obtains the categories of PI listed above from the following categories of sources:

• Users
• Your device and browser
• our Service Providers, suppliers, and Marketplaces
• Affiliates
• Directly and indirectly from activity within the Websites
• From third parties that interact with us in connection with the Websites

Tackle will not collect additional categories of PI or use PI we collect from materially different, unrelated, or incompatible purposes without providing you notice.

• Sharing PI

We may disclose your PI to a third-party for our Business Purposes, as described above.  For example, we disclose your PI for our Business Purposes to the following categories of third parties:

• Service Providers;
• Marketplaces;
• Third parties to whom you or your agents authorize us to disclose your PI in connection with the Websites we provide to you; or
• Government representatives as required by law.

In the preceding twelve (12) months, we have not sold any PI.

• CCPA Consumer Rights

The rights described in this section do not apply to Personnel or B2B Contacts.  California Consumers have the right to exercise certain privacy rights under the CCPA.  Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”).

Unless you are able to provide use with certain information, we will be unable to verify your identity to fulfill a request to know or delete.  We verify identity by comparing information you provide in respect of your request with information we have in our systems.  We reserve the right to ask you to provide additional information in order to help verify your identity.  The request must:

• Be sent to dataprocessing@tackle.io.
• Provide sufficiently detailed information to allow Tackle.io to reasonably verify that you are the person to whom the requested PI pertains or their authorized representative. At a minimum, you must provide an email address.
• Include sufficient detail to allow us to properly understand, evaluate, and respond to it.
• We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you.
• Making a Verifiable Consumer Request does not require you to create an account with us.
• Tackle will only use Personal Information provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.

Response Timing and Format.

We will attempt to respond to Consumer requests in as timely a fashion as possible. In the event that we are unable to fulfill your request within 45 days, we will inform you of the reason and extension period in writing, but in no event greater than 90 days. Any disclosures we provide will only cover the 12-month period preceding the verifiable receipt of a Consumer request. The response we provide will explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before fulfilling your request.

Some Personal Data we maintain about Consumers is not sufficiently associated with a Consumer for us to be able to verify that it is a particular Consumer’s Personal Data (e.g., clickstream data tied only to a pseudonymous browser ID).  As required by the CCPA, we do not include that Personal Data in response to Verifiable Consumer Requests.  If we cannot comply with a request, we will explain the reasons in our response.

• Right to Know
  • Categories

You have the right to send us a request, no more than twice in a twelve-month period, regarding certain categories of PI collected, used, and sold.

• Specific Pieces

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.  Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to your request.

• Right to Deletion

You have the right to request that we delete any of your PI that we have collected directly from you and are maintaining, except to the extent we have a basis for retention under CCPA, which we will explain in relation to any deletion request you make.

You may alternatively exercise more limited control of your PI by instead by canceling or modifying our email marketing communications you receive from us. You can do so by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Website, such as administrative and Website announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

• Right to Opt Out of Sale of PI

We do not believe that we “Sell” your PI as such is defined under the CCPA. However, while there is not yet a consensus, and although we think otherwise, data practices of third-party cookies and tracking technologies associated with our Websites may potentially be determined to constitute a “Sale” of your PI as defined by the CCPA. Because we do not think these third-party activities are a Sale by us, we do not offer an express “Do Not Sell” option. However, the rest of this section explains how you can exercise control over cookies, essentially opting out of their data collection, and in some cases provide certain opt-outs directly to cookie operators. Please also see Analytics and Advertising Tracking Technologies in our Privacy Notice for information on how to opt out of certain interest-based advertising.

Some third parties that may collect PI in association with your use of our online Websites for advertising, analytics and other purposes, and may Sell that PI downstream, provide you the opportunity to opt-out of their Sales. Please visit https://www.privacyrights.info/ to opt-out of the Sale of PI by participating Third Parties. You must opt out on every device and browser you use in order to effectuate your “Do Not Sell” requests from these parties. However, opting out does not mean you will stop seeing ads and you may continue to still see interest-based ads. To learn more about interest-based advertising and additional opt-out choices related to it, please visit https://optout.aboutads.info/?c=2&lang=EN and https://optout.networkadvertising.org/?c=1.

Clearing Cookies or changing settings may affect your choices and you have to opt-out separately via each browser and other device you use. Cookie-enabled opt-out signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices, tools or choices.

We will not knowingly Sell the PI of Consumers under 16.

We may disclose your PI for the following purposes, which are not a Sale:  (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst us and our Affiliates, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

Authorized Agents

You may use an authorized agent to submit a consumer rights request. If you use an authorized agent to submit a request, we may require proof that the agent has been authorized by you to do so, and take other steps permissible under the CCPA, to ensure it is a proper request by an authorized agent.

You or your authorized agent can make a request by emailing us at dataprocessing@tackle.io (Subject: Privacy).  In order to complete your request, you will be required to respond to any follow up inquires we may make, and we may deny your request if you do not do so.

Non-Discrimination

In accordance with the CCPA’s requirements, we will not discriminate against you for exercising any of your CCPA rights.