Privacy Policy

Last updated: May 2022

Welcome to our website (the "Site")! Peer5 Inc., a subsidiary of Microsoft Corporation, (“Peer5”, “we” or "us"). Peer5 is committed to protecting your privacy. This Privacy Policy (“Privacy Policy”) applies to individuals accessing or using the Site (“Website Visitors” or “you”). In this Privacy Policy, we also describe certain ways in which we collect and use Personal Data of our Customers’ Users and Customers’ Viewers, as each is defined below, but our processing of Personal Data of our Customers’ Users and Customers’ Viewers is subject to our agreements with the applicable Customer. Peer5’s Terms and Conditions, available at: www.peer5.com/terms, including any linked or attached agreements (the “Terms”), set forth the terms and conditions that govern the Services that we make available to Customers and the Site which we make available to Website Visitors.

Any capitalized terms not defined in this Privacy Policy will have the meaning ascribed to them in the Terms.

Please read this Privacy Policy carefully to understand how we process your Personal Data (defined below) before you provide Personal Data to us. Please do not use the Site and/or Services if you do not want us to collect or process your Personal Data as disclosed under this Privacy Policy. This Privacy Policy does not derogate from any rights you may have under Applicable Laws (defined below).

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on the Site or by other means.

THE HIGHLIGHTS:

  1. You are not required by law to provide us with any Personal Data. Sharing Information with us is entirely voluntary. However, if you do not provide us with certain Personal Data, we may not be able to provide you with all or part of the Site’s functions and/or the Services.
  2. We process your Personal Data for the purposes described in this Privacy Policy, and subject to our obligations under Applicable Laws.
  3. You may be entitled to request to review, amend, erase, or restrict the processing of your Personal Data, pursuant to the privacy laws applicable to you. Please note that if you request to erase or restrict the processing of your Personal Data, your use of the Site and/or Services may be affected or limited.
  4. We share Personal Data with third parties in connection with the provision of the Site, or other limited circumstances as specified herein.
  5. If you have any questions or requests regarding the processing of your Personal Data, or would otherwise like to contact us in connection with this Privacy Policy, please send an email to: [email protected]
  1. Definitions
    1. "Applicable Laws" means the privacy and data protection laws, regulations and binding guidelines of any jurisdiction which apply to our processing of Personal Data, each to the extent applicable.
    2. "Controller" means the entity that, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
    3. "Customers" means legal entities who have engaged us to use our Services and agree to our Terms.
    4. "Customers' Users" means the contact persons authorized by our Customers to communicate with us and to manage Customers' use of the Services.
    5. "Customers' Viewers"means individuals receiving services in connection the Services we provide to our Customers.
    6. “Personal Data” means any information which identifies or can be used to (directly or indirectly) uniquely identify a natural person, including, but not limited to, first and last name, phone number, email address, IP address, technical information regarding the device used to access the Site, etc.
    7. “Processor” means the entity that processes Personal Data on behalf of the Controller.
  2. What Personal Data do we collect and about whom?
    1. Website Visitors. We collect information you provide directly to us. For example, you share information directly with us when you fill out a form on the Site or otherwise communicate directly with us. The types of Personal Data we may collect include your name, work email address, phone number, workplace, and any other information you choose to provide. When you access or use the Site, we also automatically collect certain information, including your device information and aggregated statistical information about your usage of the Site.
    2. Customers’ Users and Customers’ Viewers. Peer5 collects Customers’ Users’ information shared directly with us, such as his or her name, title, workplace, telephone number and email address. Peer5 also collects Customers’ Viewers’ Personal Data in connection with our Customers’ use of the Services, including but not limited to Customers’ Viewers’ IP addresses, device IDs, machine and network information and video playing statistics. With respect to the Personal Data of Customers’ Users and Customers’ Viewers, Peer5 is a Processor to the applicable Customer, who is the Controller. For more information about the processing of Personal Data of Customers’ Users and Customers’ Viewers by our Customers, please review the privacy policies and notices of the applicable Customer.
  3. What will Peer5 do with my Personal Data?
  4. Personal Data is used for the following limited purposes:

    1. Personal Data related to Website Visitors is used to:
      1. Provide, maintain, improve and develop new features to the Site;
      2. Send you transactional or relationship messages;
      3. Contact you at your request and provide you with information regarding our Services including providing a demo, if requested;
      4. Monitor and analyze trends, usage, and activities in connection with the Site.
      5. Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent or illegal activity and help protect the rights and property of Peer5 and others;
      6. Comply with our legal and financial obligations;
      7. Create de-identified, anonymized, or aggregated information; and
      8. Carry out any other purpose described to you at the time the information was collected.
    2. We use Personal Data related to Customers’ Users in accordance with our agreement with our Customers, which may permit us to use Customers’ Users’ Personal Data to:
      1. Provide our Services to Customers’ Users and improve them;
      2. Identify Customers’ Users and authenticate them and their authorizations;
      3. Communicate with Customers’ Users’ regarding customer service issues or to provide updates with respect to material changes to this Privacy Policy or our Terms;
      4. Respond to questions or comments and to help resolve any problems;
      5. Send Customers’ Users promotional materials and special offers, subject to Customers’ Users’ consent when required under Applicable Laws or as otherwise permitted under Applicable Laws;
      6. Protect the security or integrity of our systems and the Services, including detecting, preventing and prosecuting fraud or other illegal activity, identifying and repairing errors, conducting audits, and for security purposes;
      7. Exercise or defend legal claims including to enforce our Terms; and
      8. Comply with any applicable law or regulatory requirement, including any guidance by a competent governmental authority, and to assist courts, law enforcement agencies and other competent authorities if legally required to do so.
  5. The legal basis for our processing:
  6. Where we process Personal Data as a Controller and our processing is subject to the GDPR, we generally process your Personal Data under the basis of our legitimate interest in providing the Site, maintaining data security, and protecting our interests. In some contexts, we may process Personal Data with your consent (e.g., when we require your specific consent).

  7. What can I do to control my Personal Data?
    1. With respect to Customers’ Users and Customers’ Viewers, as a Processor, we are not authorized to respond to any inquiry related to Customers’ Users and Customers’ Viewers’ rights regarding his or her Personal Data in accordance with our legal obligations under Applicable Law (“Rights”). In this case, we encourage Customers’ Users and Customers’ Viewers to contact the relevant Customer directly. In any event, we reserve the right to escalate any inquiry relating to Customers’ Users’ and Customers’ Viewers’ Rights promptly to the relevant Customer.
    2. If you are a Website Visitor, we will respect your Rights under the following conditions:
      1. We are legally required to identify you, before we comply with your request regarding your Rights, in order to protect your Personal Data.
      2. In some cases, we will not be able to comply with a request to delete information if we are legally required to retain it.
      3. We may redact from our response to you certain information relating to ours or any third party’s confidential or proprietary information and/or Personal Data, in accordance with Applicable Laws or third party rights.
      4. Please note that all of the Rights are subject to certain conditions under Applicable Laws and that we may refuse, in part or completely, to comply with your Rights, subject to those conditions.
    3. Rights in the EU. If you are a Website Visitor, we are the Controller of your Personal Data, and you have the following rights (which may be subject to certain exemptions or derogations):
      1. Accessing and rectifying your Personal Data. You are entitled to access your Personal Data and to rectify it if you find it is incomplete, incorrect or outdated.
      2. Right of erasure, restriction and objection to processing. You are entitled to request the erasure or the restriction of processing of your Personal Data or to object to such processing.
      3. Personal Data portability. To the extent applicable to you and to the Site, you may request us to transmit your Personal Data to another party.
      4. The rights to withdraw consent. You may withdraw consent if this was the basis for collection of your Personal Data.
      5. Right to lodge a complaint. You may submit a complaint to the relevant supervisory authority in your jurisdiction.
  8. With whom does Peer5 share my Personal Data?
    1. We share Personal Data under the following circumstances:
      1. With our business partners with whom we jointly offer products or services;
      2. With third parties who help us operate and provide the Site, conduct our business and/or services to you, host the Site and prevent fraud;
      3. To the extent necessary, to comply with legal obligations under Applicable Laws and with inquiries and/or requests by regulators, courts or competent authorities;
      4. To protect the security or integrity of our databases or the Services and to take precautions against legal liability;
      5. If we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property and safety of Peer5, our users, the public, or others;
      6. With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
      7. Between and among Peer5 and our current and future parents, affiliates and subsidiaries and other companies under common control and ownership;
      8. To the maximum extent permitted by law, with third parties in connection with an actual or contemplated corporate sale, merger, reorganization, dissolution, consolidation or restructuring, financing, or acquisition of all or a portion of our business, assets or any comparable event; and
      9. With your consent or at your direction.
      10. We also share aggregated or de-identified information that cannot reasonably be used to identify you.

  9. International Data Transfers
    1. We and those that perform work for us may transfer your Personal Data to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where we transfer your Personal Data outside of your jurisdiction, (for example to third parties who provide us with services), we will do so as required by Applicable Laws. For example, access from Israel is currently permitted under Israel’s adequacy decision laid down by the European Commission.
    2. If you require more information on data transfers, please contact us.

  10. How does Peer5 protect and retain Personal Data?
    1. Security. We take appropriate security measures to protect Website Visitors' information against unauthorized access to or unauthorized alteration, disclosure or deletion of data, including Personal Data. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
    2. Retention of Data. We retain Personal Data as permitted under Applicable Laws and according to our retention policies, in order to: (i) fulfill the purposes described herein; (ii) in the defense or assertion of legal claims and liability; (iii) for the analyses and improvement of the Services; and (iv) to comply with Applicable Laws. Statistical anonymized data may be retained by us, and be shared and used, without limitation. If you require more information on the periods of retention of Personal Data, please contact us.
  11. Use of our Services by Children
  12. The Site is a general audience website which is not directed to persons under 18 years old. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should contact us immediately. We do not knowingly collect or solicit Personal Data from people under 18 years old. If we become aware that a person under 18 years old has provided us with Personal Data, we reserve the right to delete such data from our databases without any further notification.

  13. Interaction with third party products
  14. We enable you to interact with third-party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

  15. Cookies If you are a Website Visitor, we (and our service providers) use tracking technologies, such as cookies, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us analyze trends, administer the Site, track Website Visitors’ movement around the Site, and gather demographic information. Most web browsers are set to accept cookies by default. If you prefer, you can remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of the Site.
  16. Analytical Tools
  17. Peer5 uses the following analytics tools on our Site:

    1. Google Analytics. The Site uses a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often you visit the Site, what pages you visit when you do so, and what other websites you used prior to coming to the Site. We use the information we receive from Google Analytics to maintain and improve the Site and our products. We do not combine the information collected through the use of Google Analytics with Personal Data we collect. You can find more information about how Google may use or share information collected by Google Analytics by visiting Google’s privacy policy, available at https://policies.google.com/privacy You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/
    2. Facebook Pixels and SDKs. We use Facebook pixels or SDKs, which are tools that provide help to website owners and publishers, developers, advertisers, business partners (and their customers) and others integrate, use and exchange information with Facebook. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You can prevent your data from being used by Facebook Pixels and SDKs by exercising your choice through these mechanisms: http://www.aboutads.info/ choices or http://www.youronlinechoices.eu/.
    3. We reserve the right to remove or add new analytics tools.
  18. Specific provisions applicable under California privacy law
    1. Rights in California: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] Please note that we are only required to respond to one request per customer each year.
      1. You have the right to know what Personal Data of yours we collect, use, disclose and sell (if applicable);
      2. You have the right to request the deletion of your Personal Data;
      3. You have the right to restrict or object to processing of your Personal Data, including the right to opt in or opt out of the sale of your Personal Data to third parties (if applicable);
      4. You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA;
      5. You have a right to lodge a complaint with the relevant institutions in your place of residence (e.g., the attorney general in your state of residence).
      6. Where you have consented to the processing of your Personal Data, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy.
      7. We will verify any requests to exercise your rights by asking you to provide information related to your recent interactions with us.
      8. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us at [email protected]
      9. If you wish to exercise any of your Rights, please contact us at [email protected]
    2. California Privacy Rights: California Civil Code Section 1798.83 permits Website Visitors who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] Please note that we are only required to respond to one request per customer each year.
    3. Our California Do Not Track Notice (Shine the Light): Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not respond to or honor DNT signals transmitted by web browsers, and we may allow third parties, such as analytics tools providers, to collect Personal Data about a Website Visitor’s online activities over time and across different websites when a Website Visitor accesses or uses the Site.
  19. Questions or concerns regarding privacy
  20. If you have any questions or concerns regarding privacy issues, please send us a detailed message to: [email protected] and we will make every effort to resolve your concerns without delay. Peer5 may, at any time and from time to time, modify this Privacy Policy. Modifications to this Privacy Policy will be posted on the Site, and shall be effective as of the date on which they are posted on the Site.