Table of Contents
- Information Collection
- Personal Information Usage
- Non-Personal Information Usage: De-identified and/or Aggregated Information
- Data Transfers and Information Sharing
- Your Privacy Rights and Choices
- Other California Privacy Rights
- Changes to the Notice
- Contact Information
- Effective Date
2. Information Collection
Vistex may collect personal information from you when you use the Site, including without limitation when you register with the Site for promotions, rewards, sweepstakes, mailing lists, online surveys, and/or seminars or when you voluntarily submit personal information to Vistex for any other reason. Personal information is any information that may be used to identify an individual, which may include full name, e-mail address, postal address and phone number. Vistex will not sell, transfer or trade your personal information to any third-parties for the purpose of marketing non-Vistex services without your explicit permission, except under the limited conditions listed in the Personal Information Usage section below.
Please consult the chart below to see the categories of personal information we do and do not collect:
|A. Indentifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||Yes|
|B. Personal information categories listed in the California Customer Records. statute (Cal. Civ. Code § 1798.80(e))||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||Yes|
|C. Protected classification characteristics under California or federal law||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||Yes|
|D. Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Yes|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||No|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||Yes|
|G. Geolocation data||Physical location or movements||No|
|H. Sensory data||Audio, electronic, visual, thermal, olfactory, or similar information.||No|
|I. Professional or employment-related information||Current or past job history or performance evaluations.||Yes|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||Yes|
|K. Inferences drawn from other personal information||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||No|
Personal information does NOT include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the California Consumer Privacy Act’s (
CCPA) scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Vistex obtains the categories of personal information listed above from the following categories of sources:
- Directly from you, from forms you complete, information you voluntarily submit or from products and services you purchase or as over the course of your employment;
- Indirectly from you, such as observing your actions on the Site.
3. Personal Information Usage
Vistex will only use personal information as described herein, unless you have specifically consented to another type of use, either at the time the personal information is collected from you or through some other form of consent. Vistex may use your personal information to improve our website and its offering to you, personalize your interaction with the website, to keep you up to date on our latest announcements, products, services, training and bring you special offers that you elect to receive from Vistex. Additionally, your personal information may be used by this website to complete transactions for services rendered or for fulfillment of services, products or training that you may have ordered or received as participants of any special membership or rewards programs that are run from this Site by Vistex. Vistex may also use your personal information to send you direct marketing information or contact you for market research purposes, where applicable. At any point in time, Vistex may also disclose your personal information as required by law or legal process.
As a software and services firm, Vistex may also share your personal information with our subsidiaries or vendors in accordance with this policy and to fulfill the requested services.
3.1 Your personal information will only be shared outside of Vistex where the following circumstances are met:
3.1.1 When we have your consent
3.1.2 When we need to share your information to provide the service or product you have requested
3.1.3 When we need to send the information to companies who work on behalf of Vistex to provide a product or service to you
3.1.4 Vistex will only send the elements of your personal information that are required to complete the transaction and obtain the service/product
3.1.5 When required to do so, we will disclose your personal information to federal, state and local law enforcement officials, to enforce the law, or in urgent circumstances, to protect your personal safety, the safety of others or our websites
3.1.6 In connection with an investigation of suspected fraud or a violation of our terms, conditions, policies or guidelines
3.1.7 If a Vistex employee, as required to fulfill the conditions of employment. If a job applicant, as necessary to evaluate suitability for open positions
3.1.8. In connection with any merger, change of control, or sale involving all or a part of Vistex, Inc.
4. Non-Personal Information Usage: De-identified and/or Aggregated Information
Vistex may automatically collect, from you and your computer, certain non-personal information, which Vistex may use for various purposes, both online and off-line. For example, Vistex may log certain aspects of your visit to this website, such as your IP address and your session ID, your browser type, origination and destination domain, as well as other types of information related to the online user experience. This non-personal information may be added to aggregate user metrics for the Site and may be used to improve your future experience and our service offerings to you. We may share aggregated anonymous information with third parties, but this aggregated anonymous information cannot be matched with you personally unless you voluntarily share your personal information with the third-party advertisers.
5. Data Transfers and Information Sharing
5.1.1 Information Sharing with Third Parties
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We may disclose your Personal Information to its affiliates, as well as third party partners as follows below:
Service Providers. Your information may be shared with third party service providers that assist us in various ways, such as, for example, sending emails, or others.
Law Enforcement. Your information may be shared with law enforcement officials if it relates to a criminal investigation or alleged illegal activity;
Necessary or for Safety Reasons. We may also disclose your information if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend our rights or property or the users of the Site, to act under urgent circumstances to protect our safety or our employees or a member of the public, or to comply with a judicial proceeding, court order, or legal process.
Sale or Acquisition of Assets. If we become involved in a transaction involving the sale of its assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your information as part of the transaction. If the surviving entity in that transaction is not Vistex, the surviving entity may use your information pursuant to their own privacy policies, and those policies may be different from this Notice.
General Marketing. We may transfer information to third parties who practices are not covered here if such third parties wish to market products or services to you.
5.1.2 Disclosures of Personal Information for a Business Purpose:
In the preceding twelve (12) months, we have disclosed the following categories of personal information to Service Providers for a business purpose:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records. statute
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial Information
Category I: Professional or employment-related information.
5.1.3 Sales of Personal Information:
In the preceding twelve (12) months, we have not sold personal information.
6. Your Privacy Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
6.1.1 Access to Specific Information and Data Portability Rights:
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- Sales, identifying the personal information categories that each category of recipient purchased; and
- Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
6.1.2. Deletion Request Rights:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising These Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
6.1.3 Exercising These Rights:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Emailing firstname.lastname@example.org;
- Calling us at (833) 437-9374 (toll free); or
- Postal mail to:
- Vistex, Inc.
Attn: Privacy Office
2300 Barrington Road
Hoffman Estates, IL 60169
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
6.1.4 Response Timing and Format:
We intend to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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 completing your request.
6.1.5. Personal Information Sales Opt-Out and Opt-In Rights:
Vistex does not sell your personal data. If that changes, a notice to Opt-In will be provided to relevant individuals.
7. Other California Privacy Rights
Shine the Light law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: Vistex, Inc., Attn: Privacy Office, 2300 Barrington Road, Hoffman Estates, IL 60169.
We will not discriminate against you for exercising any of your CCPA, GPDR, and/or other privacy rights. Unless permitted by the CCPA, GDPR, and/or other privacy rights, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
9. Changes to the Notice
Vistex reserves the right to change this Notice at our discretion at any time by posting such changes here. You are encouraged to check this web page frequently. If we make substantial changes in the way we use your personal information, we will make the information available to you in advance by posting a notice on this website or through an e-mail to your primary e-mail address on record. Your continued use of this website after we revise this Notice means you accept those changes, so please check the Notice periodically for updates.
10. Contact Information
Vistex respects your privacy and is committed to protecting the personal information you share with us. You may contact Vistex with questions, comments or concerns regarding your individual privacy issues that may arise as a result of using the Site at firstname.lastname@example.org or through postal mail:
Attn: Privacy Office
2300 Barrington Road
Hoffman Estates, IL 60169