Privacy Notice

Please Read Carefully.
Updated: November 1, 2024

At BuyersRoad, inc. d/b/a Experience.com (“Experience.com,” “Company,” “we,” “our” or “us”), we take your privacy seriously.  We are committed to the privacy of our customers and those who use our website(s), including but not limited to https://www.experience.com (the “Website(s)” or “site(s)”), our software-as-a-service product called the Experience Management Platform (“SaaS Services”), our search rank platform which enables users to expand their visibility and develop business opportunities (“Search Rank Platform”), when you opt-in to receive SMS mobile messages, apply for a job, interact with us, subscribe to our newsletter, participate in online advertisements or marketing emails, or engage with any other websites, pages, features, or content, products and/or services we own, operate and/or provide that directs you to this privacy notice (“Privacy Notice”). The site, SaaS Services, Search Rank Platform and other products and/or services shall collectively be referred to herein as the “Services”. 

Federal and state laws say that we must tell you how we collect, share and protect your Personal Information (defined below). This Privacy Notice describes Experience.com’s policies and practices regarding our collection and use of your Personal Information and sets forth your privacy rights. We recognize that data privacy is an ongoing responsibility. We will from time to time update this Privacy Notice as we adopt new privacy practices and policies in response to updates in the law, to align with changing industry best-practices, and to reflect our product enhancements. Please read this Privacy Notice very carefully.

By accessing and using the Services, you consent to our collection, storage, use and disclosure of your personal Information as described in this Privacy Notice and the Cookie Policy located at https://www.experience.com/cookie-policy/ (“Cookie Policy”).  Unless otherwise stated herein, the Services are intended for users located in the United States only, and you hereby expressly acknowledge and agree that if you are accessing and/or using the Services that you reside in the United States and will only access and/or use the Services in the United States. The use of the site is subject to the Terms of use located here. The use of the Search Rank Platform is subject to the Services Agreement for Search Rank Platform Services located here. Capitalized words that are not defined in this Privacy Notice shall have the same meaning as in the Terms of Use or the Service Agreement, as applicable.

Please click on the below links to go directly to that section of the Privacy Notice:

1. Types Of Information We collect
2. Children’s Online Privacy Protection act (“COPPA”)
3. Information you Provide To Us
4. Collected by Technology and Integrated Services
5. Information We Obtain from Other Sources and Third-Party Log-in
6. Use and Processing of Your Personal Information
7. Use and Processing of Non-Personal Information
8. How We share Your Personal Information
9. Links to Third Party Websites and Third Party Providers
10. Your Rights Regarding the Use of Your Personal Information
11. Your Rights and Choices
12. How We protect Your Personal Information 
13. How We Retain Your Personal Information
14. Changes to this Privacy Notice
15. Other Important Information
16. Other Jurisdictions
17. Contact Information

1. Types Of Information We Collect

We collect “Non-Personal Information” and “Personal Information” and the Information we collect from you depends on how you use the Services. “Non-Personal Information” includes Information that cannot be used to personally identify you, such as anonymous usage data, general demographic Information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public Information about you that is associated with or linked to any of the foregoing data. The following provides examples of the type of Information that we collect from you and how we use that Information.  “Information” means Personal Information and Non-Personal Information.

2. Children’s Online Privacy Protection Act (COPPA)

Our Services are not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or Services directed at children. if we discover that a child under 13 has provided us with Personal Information, we will delete such Information. 

3. Information You Provide to Us

• We collect Personal Information from you described in Section 1 above. 
• We collect user content that you post and/or upload on or through the Services.
• When you engage us to provide Services, our payment processor will collect all information necessary to complete the transaction, including your name, company name, credit card information, billing information, and direct deposit/ ACH information. 
• If you provide us feedback or contact us by email, we may collect your name and email address, as well as any other content included in the email to send you a reply.
• When you participate in one of our surveys, we may collect additional information that you knowingly provide. 
• We will maintain the information you send by email under applicable federal law.
• In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. 

4. Collected by Technology and Integrated Services

• In an effort to improve the quality of the Services, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using Cookies. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive or mobile device. Sending a Cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. please review our Cookie policy for more information. 
• We may also use third party analytics services such as Google Analytics to collect information about how you use and interact with our Services. Such third-party analytics services may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit, and which website referred you to the Website or Services.
• Our Website uses social media connectors. They are social media buttons including Facebook, LinkedIn and Instagram you see on our Website, or links to blog posts that allow you to connect and learn more about us, and interact with us, our users and marketing partners. We reserve the right to use technological equivalents of Cookies, including, without limitation social media pixels. These pixels allow social media sites to track visitors to outside websites to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.
• Some content or applications, including, without limitation, advertisements, on the Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use Cookies alone or along with web beacons or other tracking technologies to collect Information about you when you use our Services. The Information they collect may be associated with your personal Information or they may collect Information, including personal Information, about your online activities over time and across different websites and other online Services. They may use this Information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used, and we are not liable for any third party providers, acts or omissions. If you have any questions about an advertisement or other targeted content, you should contact the third-party provider directly. 
• We may also collect data from other Services you use such as Facebook, Twitter, LinkedIn, Yelp, and Google+ (“Integrated Services”) that you may link your Experience.com profile to, including your profile on the Search Rank Platform.  When you connect to Integrated Services, we will receive and publish to your Experience.com profile Information that the Integrated Services make available to us, such as your name, email address, date of birth, gender, profile photo, cover photo, URL, and status feeds. When you connect a Integrated Services to your Experience.com profile, we automatically collect and display the ten most recent posts for your status feeds on the Integrated Services, and we will automatically publish posts you make on Experience.com to your Integrated Services that support such functionality.  We will also automatically publish a review to your Integrated Services and/or your employer’s social media accounts that support such functionality, if the review meets the minimum score for automated syndication in your profile settings and the reviewer selects that it was a “Great” experience. If you would prefer to not have your reviews posted you should not connect with an Integrated Service.  You can also delete posts on your Experience.com profile through your profile settings or delete the posts on the Integrated Services if they allow you to do so.  You should review your privacy settings and policies for the Integrated Services to understand the Information it sends to us and how they use Information they receive before connecting them to our Services.

5. Information We Obtain from Other Sources and Third-Party Log-in

Our affiliates, data analytics providers, advertising networks, internet service providers, operating systems and platforms and social networks may also provide us Information about you. We also collect Information from publicly available sources. For example, we collect publicly available Information to create profiles for our Search Rank Platform, which can be claimed by users. We do this using our API and other technologies. Also, if you submit a job application, or become an employee, we may conduct a background check.

If you have an account with us and log into it through Google using your email address and password, we will receive information about you back from Google, including your name and basic profile information. To learn more about the information that Google collects when you are using its Services and about how it may use and disclose your information, including any information you make public, please review Google’s privacy policy here. Experience.com has no control over how Google or any other third-party site uses or discloses Personal Information it collects about you, and Experience.com shall have no liability to you for any use of your Information by Google. 

6. Use and Processing of Your Personal Information

In addition to the purposes and uses described above, we use information in the following ways: 

• To identify you when you visit our sites or use the SaaS Services, the Search Rank Platform and/or other products or Services requested by you;
• To provide our Services;
• To improve our Services and offerings;
• To promote the security of our Services;
• To conduct analytics;
• To respond to inquiries related to support, employment opportunities, or other requests;
• To allow users of Experience.com to contact you;
• To send marketing and promotional materials including information relating to the Services, sales, or promotions, or those of our Business Partners;
• For internal administrative purposes, as well as to manage our relationships;

Although the sections above describe our primary purpose in collecting your Information, in many situations we have more than one purpose.  For example, if you sign up for Services, we may collect your Information to complete that transaction, but we also collect your Information as we have a legitimate interest in maintaining your Information after your transaction is complete so that we can quickly and easily respond to any questions about your Services.  As a result, our collection and processing of your Information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

7. Use and Processing of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information to track trends and analyze use patterns on the Services. This Privacy Notice does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

8. How We Share Your Personal Information

In addition to the specific situations discussed elsewhere in this Privacy Notice, we disclose Information in the following situations:

1. Affiliates and Acquisitions. We may share Information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control).  If another company acquires, or plans to acquire, our company, business, or our assets, we will also share Information with that company, including at the negotiation stage.  
2. Business Partners, Social Networks, and Other Websites. We will automatically publish your posts from the SaaS Services to your Integrated Services that support such functionality.  We will automatically publish your posts and any user content that you choose to publish directly on the Search Rank Platform and through the various integrations that are available to you through the Search Rank Platform Services. These posts and user content will become public and even if you delete any of the posts and/or user content on the Search Rank Platform, those posts and/or user content may still be available elsewhere and be used by our business partners and other third-parties.  We will also automatically publish a review you receive to your Integrated Services and/or your employer’s social media accounts that support such functionality, if the review meets the minimum score for automated syndication in your profile settings and the reviewer selects that it was a “Great”experience. Their use of the information will be governed by their privacy policies and Experience.com shall not be liable for any information use by business partners and other third-parties.  If you signed up for the SaaS Services through your employer, your employer may restrict your ability to post information from the SaaS Services to other websites.
3. Displaying Information to Others. Your profile on the SaaS Services and the Search Rank Platform Services is publicly displayed and will be viewable by others, so please do not provide Personal Information that you would not want to be public. Your publicly displayed Information includes posts from Integrated Services that you connect to your profile on the SaaS Services and the Search Rank Platform Services and reviews provided by your customers and other individuals that choose to provide reviews. Any individual may request to provide a review.  You can report reviews for removal that are not from your customers or associates, do not include facts, or include vulgarity.  You are not able to manually delete reviews.  Individuals providing reviews should take care to not provide information in survey responses that they do not want to be made available to the public.  
4. Your Company.  If you sign up for an account through your employer, your employer will have access to the information in your profile.  Your employer also has control over your profile, including your profile content and the actions you can take with regard to your profile, including associating your social media accounts, exporting information, or syndicating your reviews to your social media accounts or your employer’s social media accounts. 
5. Service Providers. We share your Information with service providers.  Among other things service providers help us to administer our services, conduct surveys, provide technical support, process payments, and assist in the fulfillment of requests for services and/or other products or services.
6. Integrations and Third-Party Services. We integrate third-party Application Programming Interface (“API”) in connection with the Services that we offer you.  The Information collected by Experience.com when using the API, is processed in compliance with this Privacy Notice. Information collected by third-party API partners is governed by their privacy policies and Experience.com does not own or control those third parties.  
7. Process Payments. We transmit your Personal Information through an encrypted connection to our payment processor. To learn more about the payment processor we use and their policies related to privacy, learn more at Stripe Privacy Policy.
   
8. Other Disclosures with Your Consent.  We may ask to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Notice.
9. Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to follow relevant laws.  We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of Services by a third-party intermediary.

9. Links to Third Party Websites and Third-Party Providers

As part of the Services, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain nor are we liable for third party products, services, acts or omissions. This Privacy Notice applies solely to Information collected by us regarding the Services and your use of the Services. Therefore, this Privacy Notice does not apply to your use of a third-party website accessed by selecting a link through the Services. To the extent that you access or use the Services through or on another website or application, then the privacy notice of that other website or application will apply to such access and/or use. We encourage our users to read the privacy statements of other websites before proceeding to use them.

10. Your Rights Regarding the use of Your Personal Information

We offer certain choices about how we communicate with you and what Personal Information we obtain about you and share with others. You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of our Services.  

Profile. You may update or correct your Personal Information or close your account at any time by accessing your profile settings page on the SaaS Services or by contacting us at support@experience.com.   Our customers may also update or correct information on their employees’ sites or close their employees’ accounts by contacting us.

Promotional Communication. We may send periodic promotional emails to you. You have the right at any time to prevent us from contacting you for marketing purposes. You may opt out of receiving promotional communications from us by using the unsubscribe link within each email.  Even after you opt out from receiving promotional messages from us, we may continue to send you administrative and security messages from us regarding the Services, including, for example, periodic updates to our Privacy Notice.  If you feel that you received a survey from a user in error and wish to unsubscribe from survey emails, please contact us at abuse@experience.com. 

11. Your Privacy Rights and Choices

If applicable privacy laws allow, you may have rights over your Personal Information.This includes, but is not limited to: 

• Right to Know. You have the right to request disclosure about our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collected, the sources of the Information, our business purposes for collecting or sharing the Information and the categories of third parties with whom we shared such Information. You may request a copy of the specific pieces of Personal Information we may have collected about you in the last 12 months.
• Right to Delete.  You may request that we delete (and direct our service providers to delete) your Personal Information, subject to certain exceptions.
• Right to Opt-Out.  You have the right to opt-out of any ‘sales’ of your Personal Information, if a business is selling your information. For clarity, we do not sell your Personal Information. 
• Non-Discrimination. You have the right to not be discriminated against for exercising these rights.

You can make the following choices regarding your personal Information:

• Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you.  We will provide this Information in a portable format, if required.  Note that California residents may be entitled to ask us for a notice describing what categories of personal Information (if any) we share with third parties or affiliates for direct marketing.  
• Changes To Your Personal Information. We rely on you to update and correct your personal Information.  Most of our products and/or Services allow you to modify or delete your account profile.  If our Services do not permit you to update or correct certain Information, you may contact us at the address below to request that your Information be modified. Note that we may keep historical Information in our backup files as permitted by law.  
• Deletion Of Your Personal Information.  Typically, we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law.  You may, however, request Information about how long we keep a specific type of Information, or request that we delete your Personal Information by contacting us at the address described below.  If required by law we will grant a request to delete Information, but you should note that in some situations, such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted and in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.  
• Objection to Certain Processing.  You may object to our use or disclosure of your personal Information by contacting us at the address described below.  
• Online tracking.  We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not track”instructions. 
• Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, and targeted offers from third parties.  You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive.  If you decide not to receive promotional emails, we may still send you communications related to our Services. 
• Promotional Text Messages.  If you receive a text message from us that contains promotional Information you can opt-out of receiving future text messages by replying “Stop”.
• Revocation Of Consent.  If you revoke your consent for the processing of Personal Information then we may no longer be able to provide you the Services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.

You may exercise these rights by clicking here, emailing us at privacy@experience.com or calling us at 925-553-4716. We will respond to any such request in a timely manner, and we will use commercially reasonable efforts to respond within the timeframe required by applicable law. If we need more time to fulfill your request, we will let you know in advance.  

Note that, as required by law, we will require you to prove your identity.  We may verify your identity by phone call or email. Depending on your request, we will ask for Information such as your name or other account Information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete Personal Information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf.  We will require verification that you provided the authorized agent permission to make a request on your behalf.  You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.  If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following Information to the request:

1. A written notice indicating that you have authorization to act on the consumer’s behalf, signed by you and the consumer.
2. If you are a business, proof that you are registered with the appropriate secretary of state to conduct business.

If we do not receive both pieces of Information, the request will be denied.

12. How We Protect Personal Information

We implement security measures designed to protect your Information from unauthorized access, alteration, disclosure and/or destruction. Because no method of transmission over the internet, or method of electronic storage, is fully secure we cannot warrant the security of any Information a user transmits to us or guarantee that Information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Your account password protects any account you have on our Website(s), or SaaS Services and we urge you to take steps to keep your personal Information safe by not disclosing your password and by logging out of your account after each use. You are responsible for any access to or use of your account by someone else that has obtained your password, whether or not you have authorized such access or use.  You should notify us of any unauthorized use of your password or account.

While we use reasonable efforts to protect your personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

13. How We Retain Your Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the Information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.  

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this Information indefinitely without further notice.  We may retain Information (including, without limitation, your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested Information, you may not be able to use the Services. You can request further details of retention periods for different aspects of your Personal Information by contacting us. 

Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized, or de-personalized Information which we may retain indefinitely.

14. Changes to This Privacy Notice

We reserve the right to change this Privacy Notice or any agreement you entered into with Experience.com from time to time. We may notify you of significant changes to this Privacy Notice by sending a notice to the primary email address specified by you or by placing a prominent notice on the Website(s).  Significant changes will take effect immediately after such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Services and this Privacy Notice for updates. Our Privacy Notice includes a “last updated” date that refers to the date the Privacy Notice is updated.

15. Other Important Information 

The following additional Information relates to our privacy practices:

• Transmission Of Information To Other Countries. Experience.com is in the United States.  Our service providers and other third parties you may interact with in connection with our Services may be located in the United States and other countries around the world. As a result, your Information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.  Nonetheless, where possible we take steps to treat Personal Information using the same privacy principles that apply pursuant to the law of the country in which we first received your Information.  By submitting your Personal Information to us you agree to the transfer, storage and processing of your Information in a country other than your country of residence including, but not necessarily limited to, the United States.  To the extent Personal Information is collected and subsequently transferred out of the European Economic area, the transfer will take place consistent with the Standard Contractual Clauses. If you would like more Information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.

• Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.

16. Other Jurisdictions 

Personal Information that you submit through the Services may be transferred outside of the jurisdiction in which you live.  We also store Personal Information locally on the devices you use to access the Services. Your Personal Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the Information. The following provisions may apply to you depending on where you are located. If the jurisdiction where you are located is not listed below, we will process and protect your Information as described in this Privacy Notice.

California

YOUR CALIFORNIA PRIVACY RIGHTS

This notice supplements our Privacy Notice and applies only to California residents. To the extent the California Consumer Privacy Act of 2018, Cal. Civ. code §§ 1798.100 et. seq., as amended by the California Privacy Rights Act (jointly “CCPA, as amended” or “CCPA”) is applicable, this section is only applicable to you if you are a resident of the state of California (“California Residents”), and only applies to Personal Information for which Company is a “business” (as defined in the CCPA, as amended). We collect this Information for the purposes described in this Privacy Notice and we share this Information as described herein. Company uses cookies as described in our Cookie Policy. 

“Personal Information” means information that identifies, relates to, describes, could reasonably be associated with, or could be reasonably linked directly or indirectly with a particular California consumer or household. Personal Information does not include (i) publicly available information from government records; (ii) de-identified or aggregated consumer information; or (iii) information excluded from the scope of the CCPA, such as: 

1. 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), clinical trial data, or other qualifying research data;
2. Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), the Farm Credit Act, and the Driver’s Privacy Protection Act of 1994.

The CCPA applies to Personal Information we collect from California Residents on or through our Services and through other means (such as Information collected offline or in person). With respect to Personal Information for which you are a “business” and Experience.com is a “service provider”, as defined by the CCPA, please see the applicable Terms of Use.  When we act as a service provider, and process Information on behalf of a business, we process such Personal Information pursuant to a written contract and upon the business’ direction and instructions. that business’ privacy policy applies to their collection of your Personal Information so please visit their website to learn about exercising your rights with respect to that Personal Information.

As a business, we may need to collect certain Personal Information from you. if you do not provide the Information that we ask for, we may not be able to provide you with the requested Services. Sensitive Personal Information is a subset of Personal Information that requires greater security protections and standards of care in handling.  For more Information please click here and scroll to definition of “sensitive Personal Information.”

RIGHTS OF CALIFORNIA RESIDENTS

If you are a California resident or are a California employee or contractor of Experience.com, the CCPA provides you with specific rights regarding your Personal Information, subject to certain exceptions.  For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us, or the security of our network systems.  

These rights are explained below:

• Right against discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights.
• Right to know. 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 twelve (12) months, including the categories of third parties who purchased or received your Personal Information. Experience.com will disclose this Information to a consumer upon request a maximum of two times in a 12-month period. Once we receive and confirm your verifiable consumer request, we will disclose the following to you: (i) the categories of Personal Information we collected about you; (ii) the categories of sources from which Personal Information was collected; (iii) the business or commercial purpose for collecting, selling, or sharing Personal Information; (iv) the categories of third parties with whom we shared your Personal Information; and (v) the specific pieces of Personal Information we collected about you.

Shine The Light 

Pursuant to section 1798.83 of the California Civil Code (“Shine The Light” law), residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain Information with respect to the types of Personal Information the business shares with third-parties for such third-parties’ direct marketing purposes and the identities of the third-parties with whom the business has shared such Information during the immediately preceding twelve (12) month period.    

• Right to Delete. You have the right to request that we delete any of your Personal Information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete and will direct our service providers to delete your Personal Information from their records and if applicable, to instruct their service providers or contractors to delete your Personal Information from their records. For requests for deletion of your Information, please understand that CCPA does not extend the request for deletion to household data and applies only to consumers as defined by the CCPA. We may deny your request if it is necessary for us, our contractors or service providers to: (i) complete the transaction for which we collected the Personal Information, provide a good or service that you requested, or reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform Services pursuant to our contract with you; (ii) help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes; (iii) debug our Website and/or identify and repair errors that impair existing intended functionality; (iv) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (v) comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 ( commencing with Cal. Penal Code § 1546 et. seq. of title 12 of part 2); (vi) 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; (vii) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the Information; and (viii) comply with a legal obligation.
• Right to Correct.  If applicable, you have the right to request us to correct inaccurate Personal Information about you, taking into account the nature of the Personal Information and the purpose of the processing of Personal Information. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct the inaccurate Personal Information as directed by you and in compliance with CCPA.  
• Right to Opt-Out of sale or sharing of Your personal Information. You have the right to opt-out of having your personal Information, including sensitive Personal Information, sold or shared for cross-context behavioral advertising. if you wish to opt-out of the sale or of sharing of your Personal Information for cross-context behavioral advertising, please click here to be redirected to our “Do Not share or sell My Personal Information” page.
• Right to Limit the Use and Disclosure of Sensitive Personal Information.  Additionally, you have the right to direct Experience.com to limit our use of your sensitive Personal Information to that Information which is expected by an average individual as necessary to perform our Services or for your employment.  If you wish to limit our use or disclosure of your sensitive Personal Information, please click here to be redirected to our “Limit the use of My sensitive Personal Information.”

Exercising Your Rights.  If you’re a California resident or a California employee or contractor of Experience.com and desire to exercise your CCPA rights, please click here, contact us at privacy@experience.com or you can also send a request in writing to:

Attn: Privacy Team

2010 Crow Canyon Place Ste 100

San Ramon, CA 94583-1344

support@experience.com 

If you are a California resident, employee or contractor and wish to opt-out of selling or sharing your Personal Information or wish to limit the use of your sensitive Personal Information, please click here to be redirected to our “Do Not share or sell My Personal Information” and “limit my sensitive Personal Information” page.

You may be required to provide additional Information necessary to confirm your identity before we can respond to your request, and we will use that Information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. We will acknowledge receipt of your request within 10 days from receipt of such request and will endeavor to respond within 45 days after receipt of your request, but if we require more time (up to an additional 45 days) we will notify you of our need for additional time. For requests that we do not sell or share your Information we will follow your request within 15 days after receipt of such request. We cannot respond to your request or provide you with personal Information if we cannot verify your identity and confirm that the Personal Information relates to you. 

• Consumers under 16 years of age. We will not sell or share Personal Information of users if we have actual knowledge that the user is less than 16 years of age, unless the user, in the case of user at least 13 years of age and less than 16 years of age, or the user’s parent or guardian, in the case of users who are less than 13 years of age, has affirmatively authorized the sale or sharing of the user’s Personal Information.
  
• Using an Authorized Agent. You may submit a request through someone holding a formal ‘power of attorney’. Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the secretary of state to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorized the person to make the request on your behalf, (4) you verify your own identity directly with us, and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

Categories of Information Collected for a Business Purpose. During the past 12 months we have collected the following categories of Information as a “business” or a “service provider” about California residents from the listed sources, used it for the listed business purposes, as defined by the CCPA, and disclosed it to the listed categories of third parties. CCPA defines “collected” as buying, renting, gathering, obtaining, receiving, or accessing any Personal Information pertaining to a consumer by any means, including receiving Information directly or passively from the consumer, or by observing the consumer’s behavior. 

We make disclosures for a business purpose under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit selling or sharing of Personal Information and using the disclosed Information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed Personal Information for a business purpose to the categories of service providers or contractors indicated in the chart below.

We obtain the categories of Personal Information listed above from the following categories of sources:

1. Directly from you. For example, from forms you complete or products and Services you inquire about, use or purchase.
2. Indirectly from you. For example, from observing your actions and interactions with the Services.
3. Other sources. For example, agent or business who Services transactions for consumers, Data Analytics Providers, Advertising Networks, Internet Service Providers, operating systems and platforms, single sign-on Services and social networks.

Categories of Information Collected and Sold for Commercial Purposes and/or Shared for Cross-Context Behavioral Advertising.  During the past 12 months we have collected (as defined by the CCPA), the following categories of Information about California residents from the listed sources, used it for the listed commercial purposes and/or cross-context behavioral advertising, as defined by the CCPA, and shared it with the listed categories of third parties. The CCPA defines “shared” as “sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal Information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged” unless (i) you use or direct us to intentionally disclose your personal Information or intentionally interact with one or more third parties; (ii) it’s needed to honor your opt-out request; or (iii) it’s part of an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which a third party assumes control of all or part of our business.

In the preceding twelve (12) months, Company has disclosed or sold Personal Information for commercial purposes or shared for cross-context behavioral advertisement to the categories of third parties indicated in the chart below.

We obtain the categories of Personal Information listed above from the following categories of sources:

1. Directly from you. For example, from forms you complete or products and Services you inquire about, use or purchase.
2. Indirectly from you. For example, from observing your actions and interactions with the Services.
3. Other sources. For example, agent or business who Services transactions for consumers, Data Analytics Providers, Advertising Networks, Internet Service Providers, operating systems and platforms, single sign-on Services and social networks.

If you are a California resident, employee or contractor and wish to opt-out of selling or sharing your Personal Information or wish to limit the use of your sensitive Personal Information, please click here to be redirected to our “Do Not share or sell My Personal Information” and “limit My sensitive Personal Information” page.

Colorado

YOUR COLORADO PRIVACY RIGHTS

This notice supplements our Privacy Notice and applies only to Colorado residents. If you are a Colorado resident, the Colorado Privacy Act (“CPA“) provides you with specific rights regarding your personal data, subject to certain exceptions. The CPA also does not apply to certain types of Personal Data maintained in compliance with specific federal privacy laws, such the Health Insurance Portability and Accountability Act and the Fair Credit Reporting Act, or for certain governmental purposes. For a complete list see CRSA §6-1-1304.

The CPA defines “Personal Data” as any non-public Information that can be linked or reasonably linked to an individual and does not include de-identified data. “Sensitive Data Inference(s)” means inferences made by a controller of personal data, “alone or in combination with other data, which are used to indicate an individual’s racial or ethnic origin; religious beliefs; mental or physical health condition or diagnosis; sex life or sexual orientation; or citizenship or citizenship status.”

The CPA provides Colorado residents with the following rights with respect to their Personal Data:

• The right to opt-out from the sale of their Personal Data, or use of Personal Data for targeted advertising and certain types of profiling – please click here to exercise your rights to opt-out;
• The right to know whether a controller is collecting personal data;
• The right to access personal data that a controller has collected about them;
• The right to correct personal data;
• The right to delete personal data; and
• The right to download and remove personal data from a platform in a format that allows the transfer to another platform.

To exercise any of your rights, please click here, send us an email at privacy@experience.com or you can also send a request in writing to 

Experience.com

Attn: Privacy Team

2010 Crow Canyon Place Ste 100

San Ramon, CA 94583-1344

To appeal a decision regarding a consumer request please contact us as described above. We will respond within 45 days of your appeal. Any such time may be extended for an additional 60 days if reasonably necessary.  We will notify you of any extension within the initial 45-day period. If you still have an unresolved complaint, please direct your complaint to the Colorado Attorney General here Contact the Office of the Colorado Attorney General – Colorado Attorney General | Colorado Attorney General (coag.gov) or call 720-508-6000.

Nevada  

This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing users, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at privacy@experience.com. Or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: aGCinfo@ag.nv.gov. 

Although we do not currently conduct sales of Personal Information, Nevada residents may submit a request directing us to not sell Personal Information we maintain about them if our practices change in the future. To exercise this right, email us at support@experience.com with the subject line: “Nevada: Request to Opt-Out.

Vermont 

In accordance with Vermont law, we will not share Information we collect about you with companies outside of Experience.com except as described herein, or otherwise required or permitted by law. 

Virginia 

YOUR VIRGINIA PRIVACY RIGHTS

This notice supplements our privacy Notice and applies only to Virginia residents. If you are a Virginia resident, the Virginia Consumer Data Protection Act – Va. code ann. §§ 59.1-575 to 59.1-584 (“VCDPA”) provides you with specific rights regarding your personal data, subject to certain exceptions.  We collect the type of data described in this Privacy Notice, which includes personal data and sensitive data, as defined by the VCDPA, in the manner described herein. VCDPA defines “Personal Data” as any Information that is linked or reasonably linkable to an identified or identifiable natural person. Personal data does not include de-identified data or publicly available Information. personal data that is excluded from the scope of the VCDPA includes: 

1. covered entities or business associates covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and related federal laws and regulations, clinical trial data, or other qualifying research data;
2. Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or the Farm Credit Act, and the Driver’s Privacy Protection Act of 1994;
3. Information collected from governmental organizations, non-profit organizations and higher education institutions; and
4. data processed or maintained for employment purposes including emergency contact Information or benefits administration.

If you do not provide the Information that we ask for, we may not be able to provide you with the requested Services. Sensitive Data is a category of personal data that requires greater security protections and standards of care in handling.  “Sensitive Data” is defined by the VCDPA as (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) the personal data collected from a known child; or (4) precise geolocation data.  subject to limited exceptions, we will only process your sensitive data with your consent.

RIGHTS OF VIRGINIA CONSUMERS

If you are a Virginia resident the VCDPA provides you with specific rights regarding your personal data, subject to certain exceptions.  These rights are explained below:

• Right Against Retaliation or Discrimination. You have the right not to be retaliated or discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights.
• Right to Access. Subject to certain exceptions, you have the right to confirm whether we are processing your data and you have the right to access such personal data. 
• Right to Delete. You have the right to request that we delete any of your personal data we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete and will direct our service providers to delete your personal data from our records, unless an exception applies. Please click here to learn more about the limitations that may apply to your request.
• Right to Correct.  in certain circumstances and upon the receipt of a verifiable consumer request, you have the right to request that Experience.com correct any inaccurate personal data Experience.com maintains about you.  Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your personal data as directed, taking into account the nature of the personal data and the purposes of maintaining your personal data.
• Right to Opt-Out of Sale or Use of Your Personal Data for Targeted advertisement. You have the right to opt-out of having your personal data, including sensitive data, sold and/ or used for targeted advertising.  For clarity, Experience.com does not sell personal data or sensitive data for monetary consideration.  If you wish to opt-out of selling of your personal data, please click here to be redirected to our “Do Not Sell My Personal Data” page.
• Right to Data Portability. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.

VERIFICATION ON CONSUMER REQUEST AND TIMELINE

• To assert your rights, please contact us as set forth below.  
• To confirm your identity, it is imperative that we verify the consumer request and so you must provide Information that allows us to reasonably verify that you are the person about whom we collected the personal data or are an authorized representative. If you make a request on behalf of another person, we will need to verify that you have the authority to do so. You must also describe the request with sufficient detail that allows us to properly understand, evaluate and respond to such request. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. We will not honor your request if an exception to the law applies.
• We will respond to requests within forty-five (45) days after our receipt of such verifiable request (or within such other time as required by applicable law). If we need additional time, we will notify you in writing prior to the expiration of the forty-five (45) day period and inform you of the reason for an additional forty-five (45) day extension of time. For the avoidance of doubt, any such requests for personal data will cover the twelve (12) month period immediately preceding the date of such verifiable request and such requests can be made up to twice annually per consumer. a disclosure of personal data in response to such a request will be provided free of charge and in a commonly used format. For more Information about requests, please see the “Your rights and controlling your personal Information” section of the privacy Notice. 

To exercise any of your rights, please click here, send us an email at privacy@experience.comor you can also send a request in writing to 

Experience.com

Attn: Privacy Team

2010 Crow Canyon Place Ste 100

San Ramon, CA 94583-1344

If we are unable to provide you with the requested Information, you can appeal our decision by contacting us at privacy@experience.com and within sixty (60) days of receipt of your appeal, we will inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of the reasons for the decisions. if the appeal is denied, you may also contact the attorney General here to submit a complaint.

Australia

If you are an Australian resident, these additional terms will apply to you in addition to the terms set out in this Privacy Notice above.

1. To the extent of any inconsistencies between the terms set out in this section titled ‘Australia’ and the rest of this Privacy Notice, the terms in this section will prevail.
2. The following words in the opening paragraph of this Privacy Notice are deleted and do not apply to you: ‘The Services are intended for users located in the United States only, and you hereby expressly acknowledge and agree that if you are accessing and/or using the Services that you reside in the United States and will only access and/or use the Services in the United States’.
3. By accessing or otherwise using the Services, contacting us by email, telephone or through the Website, or using applications or websites owned or controlled by us, all products, software, data feeds, plugins, mobile applications and other applications and services provided from time to time on, from or through any of the Services, or engaging with us in any other way, you agree to the terms and conditions set out in this Privacy Notice and consent to the processing of your personal information in accordance with this Privacy Notice and any other arrangements that apply between us. You may withdraw your consent any time by contacting us at privacy@experience.com or at Privacy Team, 2010 Crow Canyon Place Ste 100, San Ramon, CA 94583-1344 . If you withdraw your consent, you must stop using the Services.
4. “Personal Information” means information or an opinion about you or which is reasonably identifiable as you, whether or not the personal information or opinion is true and whether or not the personal information is recorded in a material form. It also means information protected under the Privacy Act 1988 (Cth) that relates to your affairs or personal particulars.
5. The following is inserted in the table in the section titled‘Types of Information we Collect’:
   

   Context	Types of Data	Primary Purpose for collection and use of such data
   Referral and Resale Partners and the provision of Services	We collect Personal Information (including your name, address, email address, phone number, photo, logo, website, social media information, description of your business, your business opening hours and any other information provided by you to us or any of our referral or resale partners, including The Trustee for Collagis Unit Trust “Resale Partners”).	We collect and use this data to fulfill our contracts with our Resale Partners and enable us and our Resale Partners to provide the Services to you.

6. If you do not provide us with certain personal information, elect to not identify yourself or use a pseudonym, then we may not be able to fully provide our Services to you or investigate your complaints or enquiries.
7. You have a right to request access to or correct your personal information held by us. You may also request further information from us about our personal information handling processes. We will respond to your request within a reasonable time after the request is made. We will provide you with access to your personal information held by us unless we are permitted under the Privacy Act 1988 (Cth) or law to refuse to provide such access. In the event that we refuse to give access or correct your personal information, we will provide you with a written notice setting out the reasons for our refusal and mechanisms available to you to complain about the refusal in accordance with the Australian Privacy Principles.
8. Sometimes we may not be able to give you access to some or all of your Personal Information that you have requested to access. If this is the case, we will tell you why. We may need to verify your identity when you request access to your Personal Information.
9. As detailed in section 14 of this Privacy Notice, we may make changes to this Privacy Notice from time to time. Your continued use of the Services following such amendments being placed on the Website will represent an agreement by you to be bound by the Privacy Notice as amended.
10. If you believe that we have breached this Privacy Notice, you may direct your complaint to us at privacy@experience.com or at Privacy Team, 2010 Crow Canyon Place Ste 100, San Ramon, CA 94583-1344. Please include your name, email and/or phone. We will review your complaint and liaise with you directly to resolve your complaint within a reasonable time. If you are not happy with how we have handled a complaint or privacy issue, you should contact the Office of the Australian Information Commissioner for guidance on alternative action that may be available to you.
11. Clause 12 of this Privacy Notice is amended by inserting the following words at the end of the clause: “Accordingly, any Personal Information which is transmitted to us is transmitted at your own risk”.
12. We may disclose your personal information outside of Australia to third party suppliers located outside of Australia, including IT developers, data storage and processing suppliers. It is not practicable for us to specify in advance the countries in which such recipients are likely to be located. We will take reasonable steps to ensure that any overseas recipient will deal with your Personal Information in a way that is consistent with the Australian Privacy Principles.
13. This Privacy Notice is governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any court hearing appeals from those courts.

17. Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us at privacy@experience.com. If you prefer to contact us by postal mail, please use the following address:  

Attn: Privacy Team

2010 Crow Canyon Place, Ste 100

San Ramon, CA 94583-1344

support@experience.com 

We will attempt to respond to your requests and to provide you with additional privacy-related Information.