Legal
GroundTruth Privacy Policy
GroundTruth is a product of Evolven. This Privacy Policy covers the GroundTruth website available at https://groundtruth.evolven.com/ and the demo-request form on it. Evolven's Privacy Policy, available at https://www.evolven.com/privacy-policy, governs everything else, including the GroundTruth product and Evolven's other services, Evolven's other websites and chatbots, and job applications.
Evolven Software, Inc., together with its subsidiaries and affiliated companies (collectively "Company", "Evolven", "we", "us" or "our") respects your privacy and recognizes that your privacy is important.
This privacy policy ("Privacy Policy") is an integral part of our Terms of Use ("Terms"), and governs the Company's practices regarding the collection, processing, usage, and transfer of certain data, including Personal Data (as defined below), from individuals who visit the GroundTruth website available at: https://groundtruth.evolven.com/ ("website") or request a demo of GroundTruth through the website ("Prospects").
Any capitalized terms not defined herein shall have the meaning ascribed to them in the Terms. Prospects may be individually or collectively referred herein as "you" or "your".
Any Personal Data you provide is made at your free will and consent (where required under applicable data protection laws), and you acknowledge that you are not under any statutory obligation to provide us with Personal Data. However, we must collect or receive some Personal Data to respond to your demo request, and if you will not provide us with such Personal Data, we will not be able to fulfill certain purposes, for example, respond to your demo request – all as described under Section 3 below – "The Data Sets We Collect" which details the purposes for which each Personal Data set is collected.
This Privacy Policy applies to all individuals world-wide, however, certain jurisdictions require that applicable disclosures will be provided in a certain way and format, and therefore in the event that you are a US resident – please also review Section 13 of this Policy - Additional Information for US Residents.
1. Policy Amendments
We reserve the right to amend this Privacy Policy from time to time, at our sole discretion. The most recent version of this Privacy Policy will always be posted on the website and reflected in the "Last updated" date at the top of this page. Any amendments to the Privacy Policy will become effective immediately, unless we notify otherwise. We recommend you review this Privacy Policy periodically to ensure that you understand our most updated privacy practices.
2. Data Controller Details
Evolven Software, Inc., incorporated under the laws of the State of Delaware, is the "Data Controller" (as such term is defined under the GDPR or equivalent data protection legislation) of the Personal Data collected from you detailed herein below.
If you have any question, inquiry, request or concern related to this Privacy Policy or the processing of your Personal Data, you may contact us and our privacy team as follows:
- By Email: privacy@evolven.com; or
- By Mail: Evolven Software, Inc., 2500 Plaza 5, 25th floor, Harborside Financial Center, Jersey City, NJ 07311.
3. The Data Sets We Collect
We may collect two types of information from you, depending on your interaction with us:
The first type of information is non-identifiable and anonymous information ("Non-Personal Data"). We are not aware of the identity of the individual from who we have collected the Non-Personal Data. Non-Personal Data consists of technical information, and may contain, among other things, the type of operating system and type of browser, type of device, session duration, etc.
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual ("Personal Data" or "Personal Information" as defined under the applicable data protection law).
For the avoidance of doubt, any Non-Personal Data connected or linked to Personal Data shall be deemed as Personal Data as long as such connection or linkage exists. However, this Privacy Policy does not apply to any data insofar as it is held, processed, disclosed or published in a form which cannot be linked to an individual (such as anonymized or aggregated data which cannot directly or indirectly be used to identify you or to obtain information about you ("Anonymized and Aggregated Data"). We may generate or extract Anonymized and Aggregated Data out of any databases containing your Personal Data and we may make use of any such Anonymized and Aggregated Data for our purposes as we see fit.
This Privacy Policy describes the data sets collected through the website. The data sets we collect from Clients and Candidates, and through Evolven's other websites and chatbots, are described in Evolven's Privacy Policy.
Demo Request Information
If you request a demo of GroundTruth through the form available on the website, you will be required to provide us with your full name, work email address and company. In addition, you can choose to tell us how you heard about GroundTruth and to provide us with any other information in the "Anything we should know?" field.
Together with the form, the website sends the following information about your visit ("Attribution Data"):
- the UTM campaign parameters (utm_source, utm_medium, utm_campaign, utm_term and utm_content), if they appear in the address of the page containing the form when you opened it;
- the address of the page from which you reached the page containing the form, if your browser provides it;
- the time at which the page containing the form was loaded in your browser; and
- the path of the page containing the form, including any parameters in its address.
Our server also records the time at which it received your request. The information you provide in the form, the Attribution Data and that time are collectively the "Demo Request Information".
Demo Request Information is used to:
- Respond to your demo request and arrange the demo. The correspondence with you may be processed and stored by us in order to improve our client service and in the event, when we believe it is required to continue to store it, for example, in the event of any claims or in order to provide you with any further assistance (if applicable).
- Follow up with you regarding GroundTruth in connection with your demo request (sales follow-up).
- Understand how you heard about GroundTruth, for example which event, campaign or referral led to your demo request.
- We will further use your email address, if applicable, under our suppression list, when you request to opt-out to ensure we comply with such preference and choice.
Lawful Basis: We process the Demo Request Information in order to respond to your demo request, for related sales follow-up, to understand how you heard about GroundTruth and for maintaining a suppression list, subject to our legitimate interest.
Online Identifiers and Usage Data
The website does not set cookies and does not use analytics, advertising or other tracking technologies. As with any website, your browser sends online identifiers associated with your browser or device such as your Internet Protocol address ("IP") ("Online Identifiers"), and standard technical information such as the page requested and the type of browser ("Usage Data"), with each request, so that our hosting provider can deliver the website to you. Our hosting provider may also record this information in its logs to operate and secure its service.
When you submit the demo-request form, our server uses your IP address to limit repeated submissions. It keeps it in memory for no more than twenty minutes after your last submission and does not include it in the Demo Request Information.
Online Identifiers and certain Usage Data are used:
- To operate the website and enable its proper functionality,
- For security and fraud prevention purposes (for example, to limit automated submissions of the demo-request form),
- For debugging and to resolve technical problems.
Lawful Basis: Online Identifiers which are strictly necessary for the proper and basic operation of the website or fraud prevention will be processed in our legitimate interest.
Please note that the actual processing operation per each purpose of use and lawful basis detailed above may differ. Such processing operation usually includes a set of operations, made by automated means, such as collection, storage, use, disclosure by transmission, erasure or destruction. The transfer of Personal Data to third countries as further detailed in Section 7 "Cross-Border Data Transfer" below is based on the same lawful basis as stipulated above.
In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of the website and services and to enforce our policies and agreements, as well as to protect the security or integrity of our databases and the services, and to take precautions against legal liability. Such processing is based on our legitimate interests.
As mentioned above, we may also aggregate all personally identifying characteristics from any data we collect and may share that aggregated, anonymized data with third parties or publish it. These data do not personally identify you and helps us to measure the success of the services and its features and to improve your experience. We reserve the right to make use of any such aggregated data as we see fit.
4. How We Collect Information
Depending on the nature of your interaction with us, we may collect information as follows:
- Automatically – your IP address and standard technical information are sent by your browser with each request to the website. The website does not use cookies or similar tracking technologies (such as pixels, tags, etc.). For more information, please see our Section 5 below "Cookies and Similar Tracking Technologies".
- Provided by you voluntarily – we will collect information if and when you choose to provide us with the information, such as through the demo-request form available on the website. The Attribution Data described in Section 3 is sent together with the form.
- Provided by a person authorized by you – we will collect information if and when you authorize another person to provide us with the information.
5. Cookies and Similar Tracking Technologies
The website does not set cookies and does not use analytics, advertising or other tracking technologies (such as pixels or tags). It does not load third-party scripts: its fonts, images and video are served from the website itself.
Evolven's other websites use cookies and similar tracking technologies as described in Evolven's Privacy Policy and Evolven's Cookie Policy.
6. Data Sharing – Categories of Recipients with Whom We Share Personal Data
We share your Personal Data with third parties, including with trusted partners or service providers that help us to manage our business operation, website, etc. You can find here information about the categories of such third-party recipients.
Service providers and business partners
Data that will be shared: All types of Personal Data depending on the applicable service provider or business partner, and your interaction with us.
Purpose of sharing: We may share Personal Data about you with third-party business partners and service providers that perform services on our behalf in connection with our services, such as cloud service provider, analytics and marketing service providers, our CRM provider, etc. Where your Personal Data is shared with such third parties, we ensure that the third party will deal with your information only on our behalf and on our instructions and solely for the benefit of our business (and not for its own benefit).
For the website, these service providers include Railway, which hosts the website and its server, and Resend, which delivers the Demo Request Information by email to our sales team.
Affiliated companies
Data that will be shared: All types of Personal Data, as strictly necessary and on a case-by-case basis.
Purpose of sharing: We may share certain information with our affiliated companies, which will provide us with certain required services and, for internal compliance and measurement. In addition, certain information may also be shared with potential affiliated companies in the event of a potential business re-organization while we undergo certain due diligence processes. In such event, those potential affiliated companies are bound by robust confidentiality obligations.
Legal authorities, regulators, etc.
Data that will be shared: All types of Personal Data as strictly necessary and on a case-by-case basis.
Purpose of sharing: To the extent permitted or required by applicable law, we may disclose information about you to third parties to: (i) enforce or apply our terms of use or any applicable service agreement; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials; (iii) protect our rights, reputation, safety or property, or that of our users or others; (iv) protect against legal liability; (v) establish or exercise our rights to defend against legal claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities; fraud; our rights, reputation, safety or property, or those of our clients or others; violation of our applicable policies and agreements; or as otherwise required by law.
7. Cross-Border Data Transfer
Due to our global business operation, your Personal Data may be transferred to, and processed in countries other than the country in which you reside. These countries may have data protection laws that are different to the laws of your country. However, in all cases, we will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer.
Specifically, if and where Personal Data collected within the EU is transferred outside the EU, to countries which were not granted with an adequacy decision by the European Commission and therefore do not provide an adequate level of protection to your Personal Data while it is transferred to such third-country, such transfer is subject to and made pursuant with the standard contractual clauses.
Additionally, if and where Personal Data collected within the UK is transferred outside the UK, to countries which were not granted with an adequacy decision by the UK Information Commissioner Office ('ICO') and therefore do not provide an adequate level of protection to your Personal Data while it is transferred to such third-country, such transfer is subject to and made pursuant with the UK standard contractual clauses.
8. Data Retention
We retain Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to opt-out.
Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements; (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges; or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.
9. Privacy Rights
We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used. We allow you to exercise certain choices, rights, and controls in connection with your information. Depending on your relationship with us, your jurisdiction and the applicable data protection laws that apply to you, you have the right to control and request certain limitations or rights to be executed.
Please note that some rights are available in certain jurisdictions only. For any question you have regarding your rights, or if you wish to exercise them, please contact us at: privacy@evolven.com.
Right to be informed
You have the right to be provided with information regarding our Personal Data collection and privacy practices. You may also have the right, at our option, to receive a list of the specific third parties to which we have disclosed either your Personal Data or any Personal Data. All is detailed under this Privacy Policy.
Right to know (access)
You have the right to confirm whether we collect Personal Data about you, know which Personal Data we specifically hold about you, and receive a copy of such or access it. If you wish to receive a copy of the Personal Data, please submit your request at privacy@evolven.com.
Right to correction
You have the right to correct inaccuracies in your Personal Data, taking into account the nature and purposes of each processing activity. Please submit your request at privacy@evolven.com.
Right to deletion
In certain circumstances, you have the right to delete the Personal Data we hold about you. In order to exercise this right, please submit your request at privacy@evolven.com.
Right to portability
You have the right to obtain the Personal Data in a portable, and to an extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. We will select the format in which we provide your copy. If you wish to exercise this right, please submit your request at privacy@evolven.com.
Right to opt out
You have the right to opt out from: (i) selling personal data; (ii) targeted advertising; and (iii) profiling and automated decision making.
Marketing: You have the right to opt-out from receiving any Marketing communications from us, by unsubscribing through the email received.
Cookies: The website does not use cookies or other technologies that track your behavior for analytic or marketing purposes. You have the right to opt-out of the "selling" or "sharing" of your Personal Data for "cross-contextual behavioral advertising", or "targeted advertising", often referred to as "interest-based advertising" as well. You can exercise these rights by contacting us at privacy@evolven.com.
Note you may have the right to authorize another person acting on your behalf to opt out (including by technical tools and opt out signals).
In any event, please keep in mind that opt-out tools are limited to the browser or device you use because they work off your browser ID and device ID and, accordingly, you will need to opt-out on each browser and device you use. Your browser may save some information in its cookies and cache to maintain your privacy preferences. Clearing these may remove opt-out preferences, requiring you to opt-out again.
Right to appeal or lodge a complaint
If we decline to take action on your request, we shall so inform you without undue delay as required under applicable laws. The notification will include a justification for declining to take action and instructions on how you may appeal, if applicable.
Additional information for the appeal procedure under certain state laws, please see section 13 below "Additional Information for US Residents".
Non-discrimination
Such discrimination may include denying a service, providing a different level or quality of service, or charging different prices. We do not discriminate our users and visitors.
10. Security
We take great care in implementing and maintaining the security of your Personal Data. We employ industry standard procedures and policies to ensure the safety of individuals' information and prevent unauthorized use of any such.
We have implemented technical, physical and administrative security measures to protect the Personal Data we process. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our website, and we make no warranty, express, implied or otherwise, that we will always be able to prevent such access.
Please contact us at: privacy@evolven.com if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party's attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) in the event that we discover a security incident related to your Personal Data.
11. Links to Other Websites
Our Website may provide links to other websites. Please be aware that these other websites are not covered by our Privacy Policy. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other websites, companies or individuals, which are not owned or controlled by Evolven. We suggest that when linking to another website, you always read that website's privacy policy before volunteering any personally identifiable information.
12. Children's Data
The website and our Services are not intended for children under the age of 18. We do not, knowingly or intentionally, collect information about children who are under 18 years of age.
IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICE, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY.
13. Additional Information for US Residents
This section is applicable to residents of certain U.S. states (depending on the applicable state law, acting in an individual or household context and not in a commercial or employment context or as a representative of business), including the following state laws:
- California Consumer Privacy Act
- Colorado Privacy Act
- Connecticut Data Privacy Act
- Delaware Personal Data Privacy Act
- Florida Digital Bill of Rights
- Indiana Consumer Data Protection Act
- Iowa Consumer Data Protection Act
- Kentucky Consumer Data Protection Act
- Maryland Online Data Privacy Act
- Minnesota Consumer Data Privacy Act
- Montana Consumer Data Privacy Act
- Nebraska Data Privacy Act
- Nevada S.B. 370
- New Hampshire Data Privacy Act
- New Jersey Data Protection Act
- Oregon Consumer Privacy Act
- Rhode Island Data Transparency and Privacy Protection Act
- Texas Data Privacy and Security Act
- Tennessee Information Protection Act
- Utah Consumer Privacy Act
- Virginia Consumer Data Protection Act
- Washington's My Health My Data Act
We are required to provide you with clear and accessible privacy notice that includes the categories of Personal Data processed, purpose of processing, instructions for exercising consumer rights and appealing decisions, categories of Personal Data shared with third parties, categories of third parties with whom data is shared, and any sale of data or targeted advertising.
Under the paragraph "The Data Sets We Collect" of this Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that are collecting and processing, and the purposes for which Personal Data is processed, stored or used.
Under the paragraph "Data Sharing – Categories of Recipients with Whom We Share Personal Data" of this Privacy Policy, we detail and disclose the categories of third parties we share Personal Data with for business purposes. We will not collect additional categories of Personal Data or use the Personal Data we collected for a materially different, unrelated, or incompatible purpose without obtaining your consent.
Additionally, under the paragraph "Privacy Rights" of this Privacy Policy, we detail and disclose your rights and how to exercise such requests.
"Sale" of Personal Data
Under certain US privacy laws the term "sale" is referring to disclosing or making available Personal Data to a third-party in exchange for monetary or other valuable consideration, including for targeted advertising purposes. We do not "sell" information as most people would commonly understand that term, we do not, and will not, disclose your Personal Data in direct exchange for money or some other form of payment. The website does not use cookies or third-party analytics or advertising services.
Appeal Rights
Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request, by contacting us as instructed in our response. Please send your appeal request with a summary of the request and decision you want to appeal to privacy@evolven.com.
Not more than 60 days after receipt of an appeal, and always in accordance with the timelines set by the applicable US Privacy Laws, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason for the decision.
If you are not happy with our response, depending on your jurisdiction, you may have the right to lodge a complaint against us with the relevant State's Attorney General:
- California Attorney General at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company
- Colorado Attorney General at https://coag.gov/file-complaint
- Connecticut Attorney General at https://www.dir.ct.gov/ag/complaint/
- Delaware Attorney General at https://attorneygeneral.delaware.gov/fraud/cmu/complaint/
- Florida Attorney General at https://www.myfloridalegal.com/consumer-protection/consumer-complaint-form
- Indiana Attorney General at https://www.in.gov/attorneygeneral/consumer-protection-division/file-a-complaint/
- Iowa Attorney General at https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint
- Kentucky Attorney General at https://secure.kentucky.gov/formservices/AttorneyGeneral/ConsumerMediationForm
- Maryland Attorney General at https://www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx
- Minnesota Attorney General at http://www.ag.state.mn.us/
- Montana Attorney General at https://dojmt.gov/consumer/consumer-complaints/
- Nebraska Attorney General at https://ago.nebraska.gov/constituent-complaint-form
- Nevada Attorney General at https://ag.nv.gov/Complaints/CSU_Complaints___FAQ/
- New Hampshire Attorney General at https://onlineforms.nh.gov/app/#/formversion/e0c5d644-c9d8-4056-a7cc-24d29c446fcb
- New Jersey Attorney General at https://www.njoag.gov/contact/file-a-complaint/
- Oregon Attorney General at https://www.doj.state.or.us/consumer-protection/contact-us/
- Rhode Island Attorney General at https://riag.ri.gov/forms/consumer-complaint
- Texas Attorney General at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint
- Tennessee Attorney General at https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html
- Utah Attorney General at https://www.attorneygeneral.utah.gov/contact/complaint-form/
- Virginia Attorney General at https://www.oag.state.va.us/consumercomplaintform