Revised Feb 9, 2018.
For purposes of this agreement, the following terminology applies: “BeOnAlert”, “The Company”, “we,” “us,” and “our” refers to BeOnAlert as a corporation; the “BeOnAlert team” or the “BeOnAlert Group” refers to all employees, shareholders, and owners of BeOnAlert as an entity, including freelancers and subcontractors; the “BeOnAlert Service” or “Service” refers to all of the websites, mobile applications, browser extensions, plugins, emails, and any other software or service owned and provided by The Company; the “Public Registry” refers to the publicly-accessible and searchable sexual harassment database provided by the BeOnAlert Service; “Report” refers to the sexual harassment submission form available on our site for those who wish to report an incident of sexual harassment at their workplace; “Reporter” refers to someone who submits a Report of sexual harassment to the BeOnAlert Service; the “Accused” refers to the supposed perpetrator of the reported incident of sexual harassment; “content” refers to any information or data authored, submitted and posted on the BeOnAlert Service by any registered or unregistered User of, or account holder with, the BeOnAlert Service, the BeOnAlert team, or any other third-parties; “you” and “your” refers to any registered or unregistered User of the BeOnAlert Service, whether that is in the capacity of a general User; a Reporter; Accused; a company; employer; an HR or other company representative; or a legal, psychologist, HR or other professional service provider. As used in this Policy, the word “including” means “including but not limited to.”
The Policy outlines how BeOnAlert collects, uses, processes, shares, secures, and discloses information about its users as well as information provided to us by users (user-generated content, referred to henceforth as ‘UGC’). The information we refer to in this Policy pertains to any data gathered from our websites, mobile sites, mobile apps, browser extensions, plugins, email, live chat and any other digital communications (referred to collectively henceforth as ‘BeOnAlert’) that link to the Policy. The Policy does not apply to offline communications or any communications that do link to the Policy. The Policy will also outline how BeOnAlert provide you with measures to access, use, and amend the information you provide to us via BeOnAlert.
Collection and Use of Information
Information You Directly Provide to Us
Through the process of using the services provided by BeOnAlert you will actively disclose certain information to us. Examples of ways in which you may provide us with personal information or data may be through: the registration process; creating an account; submission of Reports; signing up for email or text message alerts, updates, or newsletters; sign up as a volunteer or patron; allowing us access to your social media sites; any form of communication with us (e.g. email, live chat, handwritten letters, private messages, blogs, or social media); use of any plugins, browser extensions, or apps; signing a petition; signing a pledge; making a donation or a purchase; participating in a promotion or a competition; utilizing our technical support or customer service resources.
The type of data we may collect from you will vary as our services and resources vary; however information we will commonly collect, which is actively disclosed by you, may include (but is not limited to): Forename and Surname; home address; work address; email address, social media handles; usernames and passwords; home phone number, work phone number, and mobile phone number; job description and job information; demographic information such as gender and age: as well as bank details, credit card details, PayPal, or other e-payment information; social security number, copy of driver’s license, passport, or other government-recognized forms of ID. You should not voluntarily provide sensitive data (such as bank details, credit card details, PayPal, or other e-payment information; social security number, copy of driver’s license, passport, or other government-recognized form of ID) unless we specifically request them from you.
Information we will also collect and store from you, if you willingly submit it, will include any and all details pertaining to any claim of sexual harassment submitted to us, including but not exclusive to: names of persons involved and their job titles; witnesses involved and their job titles; company name and address; location where the incident(s) took place; time, date and location of when and where the incident(s) took place; information detailing any previous reporting made of the incident(s).
Employers, at their own discretion, may disclose contact details of their employees, usually their work email addresses, so that we may email them directly to make them aware of the services offered by BeOnAlert.
Information Automatically Collected by Use of BeOnAlert
When you access and use BeOnAlert your device automatically provides us with certain information about you which helps us to customize and personalize the experience we offer you. The information collected may vary depending on when, where, and how you access BeOnAlert, however, the most common examples of data which will automatically be sent to us is technical data pertaining to the devices you use and your behaviour on our sites and apps. The types and means of data collection include, but are not limited to:
Device Information, such as: the type of browser used to access BeOnAlert, as well as the operating system and version used, device identifiers, the hardware model used, mobile network information; your IP address, geolocation; as well as email and username should you opt to provide it;
Website/App Log Information, such as: geolocation, new/returning user of sites/app, access times, the page you visited before navigating to our sites and when you first leave our site, features used the most, pages viewed on our site/app and time spent on pages, activity and interaction on pages, use of features and tools on sites and apps, actions completed on the site/app such as: clicks, video views, and forms filled/ downloaded;
Cookies, Web Beacons, Log Files, and Other Tracking Methods: We, along with our third parties, can detect, gather, and use data gathered from web beacons (aka: tracking pixels, pixel tags, internet tags, clear GIFs) from our emails or sites, as well as cookies sent to your computer or mobile devices from us, our partners, or third parties – such as: browser details, site/app usage, to determine user movements and trends, page visits, feature use frequency, campaign performance, email activity, geolocation, demographic information, and other data determined by third parties. You can switch off the use of our and third party cookies on our sites through your browser, however this may affect the ability to use certain functionalities of BeOnAlert fully.
Mobile Application Analytics, such as: where the app was downloaded from, the frequency of usage, bugs and fixes, events, performance data, and aggregated data.
Other Means of Information Collection
Social Media Logins: We may also collect information from other sources such as when you log into your account using your social media logins – the information we have access to here is determined by the authorization procedures of the specific social media site and may include username and password, friends lists, and other account information.
Affiliates & Partners: We may receive information about your activity on and off BeOnAlert from our affiliates, partners and other third parties we work with. For example: our HR clients, legal partners, and other service providers working on your behalf may share with us information about the status of Reports that are sent to the company (e.g. Report review status; actions taken against The Accused; whether an offer was made to the Reporter; and if the Reporter accepted this offer.)
Third Party Advertisements: Third parties may receive information about you when you respond to ads posted by these third parties on the BeOnAlert site or when you submit information to them via BeOnAlert. The information they receive about you is subject to their own privacy policies.
Third Party Sites & Devices: When you navigate to BeOnAlert via third party sites or devices, these third parties can receive data about you, subject to their own privacy policies.
Do Not Track Signals: At present, BeOnAlert does not respond to ‘do not track’ signals or similar settings as we try to provide as personalized and customized an experience as possible.
Our Use of Your Information
We may use information collected about you for a number of purposes, including but not exclusive to:
- Improve the services offered by and the user experience of BeOnAlert by updating features, tools, content, and performance of the sites/apps/tools.
- To oversee, moderate, and make accessible UGC submitted by you for the use and benefit of other users.
- To personalize the user experience through communications, content and promotional materials, personalized services such as admin services, confirmation and receipts, technical updates and notifications, security alerts, and support and help services.
- To contact you regarding newsletters, papers, articles, publications, events, talks, conferences, training, promotions, products, and anything else we feel might be of interest to you.
- To contact you in response to your communications such as emails, Reports, questions, comments, feedback, and to provide customer service.
- To help to connect you with other users.
- To ask you for support for BeOnAlert via volunteers, donations, and other support.
- To provide risk analysis and sexual harassment Report alerting/updating services for companies.
- To monitor website, app, browser extension, and plugin usage and trends.
- For back-end operations, analysis and usage improvement planning, such as testing, troubleshooting, releases, production planning, and research.
- To enable sharing via social media channels.
- To provide customized advertising and/or services from 3rd parties.
- To create research papers and findings (with consent from the user/company), or to create aggregate data and statistical data that we can share publically or commercialize which does not include personally identifying data.
- Upon your authorization, to share personal information from your profile and your Reports with companies of The Accused; your employer; your supervisor; your HR department; lawyers; other users who’ve reported the same Accused; and any one else who may help you with your case.
- For any other uses on the proviso that the user/ provider of the information gives their consent.
Means of Sharing Information
We may share your information with third parties in the following circumstances:
- Through your explicit consent we may share certain information with consultants, advisors, legal or HR experts, therapists and volunteers who may need this information to carry out work on your behalf. Use of this data by these third parties is subject to strict confidentiality agreements and is only on a needs-must basis.
- To improve the functionality of BeOnAlert through aggregated usage statistics and analytics that do not reveal your identity.
- Under the circumstances that BeOnAlert and all its assets are sold on to another company and that company chooses to adhere to the established Policy outlined here and appropriate laws, then your data may be transferred to them.
- If we contact you asking for permission to use certain information in certain circumstances and you give us your consent. Or, if you specifically request us to share certain information with certain parties and we agree to do so.
- If you willingly sign an online petition and provide us with information such as name, address, and any comments, we may, with your consent, share this information with national, state or local politicians, businesses/organizations, press, or other leaders.
- If you opt to use social media sharing features and integrated tools that have your permission to share your activity with friends or the public, subject to the settings of the particular social media platform.
Types of Cookies We Use:
The types of cookies used on BeOnAlert are 1) session cookies: these are temporary cookies whose storage on your device begins and ends in conjunction with your session on BeOnAlert 2) persistent cookies: These cookies remain on your device after you leave BeOnAlert for a predetermined period of time set by the cookie and your browser and will live until you manually delete it yourself.
By enabling location data on the mobile version or the native application of BeOnAlert you agree to our use of your geolocation data to send you targeted content that may pertain to local offers, events, or other areas of interest. This can be switched off in your privacy settings on the BeOnAlert mobile version or native app.
- To provide analytics services to BeOnAlert and associated third parties.
- To serve advertisements on behalf of BeOnAlert and associated third parties.
- To help us recognise you on BeOnAlert to prevent fraud, to protect your data from unauthorized use, and to provide data security services.
- For authentication purposes so you can sign in and out securely.
- To personalize your user experience through preferences, features, and content.
- To help us understand and improve the user experience of BeOnAlert through data and analytics showing pages viewed, time spent on pages, feature interaction, links clicked, conversion data, referral sites and how users reach our sites.
- To identify and fix bugs, and to roll-out and test new features.
- To collect technical information for analytics, research, and product development purposes such as IP addresses, browser types, operating systems, and device identifier information.
- To determine the popularity of certain content.
Allowing/ Turning Off Cookies
When you begin to use BeOnAlert you are automatically giving consent for cookies to be used and stored on your browser and devices. The data gathered by cookies is anonymous and will not be used to reveal your individual identity, except in the case where an ‘identifier cookie’ is used in relation to registered accounts to prevent fraud. Data gathered by cookies may reveal certain information such as your job title or company, however this information is not linked to your name or other personally identifying information.
Control Options Around Your Personal Information
Deletion or Modification of Published Information
User generated content, as well as personal account details, can be deleted or modified at the request of the user who directly posted the information on BeOnAlert. However, information posted by a third-party pertaining to any user, employer or Accused may not be requested to be taken down by the user, employer or Accused in question, it may only be taken down or modified at the request of the user who directly posted the information, unless it is found that the information provided is found to be in breach of the law, our Terms, or our Community Guidelines.
Account Setting for Information Usage
Your account settings can be adjusted through your account page on BeOnAlert. Through this page you have the option to opt out of receiving certain promotional or notificational text messages, emails, newsletters, etc. We may still send you certain other communications using the personal contact information you provide us, such as lost password retrieval options, new feature announcements, or security alerts – some of which you may only be able to opt of unless you delete your account. You can also opt out from your personal identifier data being used for certain purposes.
Personal Data Access/ Disclosure
Users may also request to see any data collected about them at any time by BeOnAlert and any associated third parties. To request this, please contact: firstname.lastname@example.org
Closing Your Account
You have the right to close your BeOnAlert account at any time. This can be achieved via your account settings or by emailing us directly. Upon deletion of your account, all personal information will be deleted from our currently active databases, however it may remain in our archives so that we may resolve disputes, be compliant with legal obligations, and enforce agreements.
Personal Information Protection & Security
Personal Information Protection
BeOnAlert takes reasonable physical, electronic, and managerial measures to protect and safeguard information collected about you from loss, misuse, unauthorized access or disclosure, alteration, theft, and destruction. However, it is not possible for BeOnAlert to fully eliminate all security risks and therefore we cannot fully guarantee that your informational rights will not be breached by malicious third parties.
Your Login Credentials: You, the user, must take responsibility for ensuring your username and password remains a secret. We recommend you use a unique password for BeOnAlert. Your password will be required to login and make changes to your account, however we will not send you communications specifically asking for your password.
Payment Details: If you use your credit card, bank account, PayPal, Stripe or other e-payment platform details these will be sent directly to the 3rd party and will not be stored on our system.
Privacy of Minors: A minor is considered to be any person under the age of 18 years of age and is prohibited from using BeOnAlert or providing any personal information to BeOnAlert. It is a crime to impersonate an adult if you are considered a minor. If you become aware of a minor using or posting information on BeOnAlert, please contact us immediately. Any information collected or posted by a minor on BeOnAlert and any accounts created by minors on BeOnAlert will be terminated immediately upon discovery.
California Civil Code Section 1798.83: This legislation permits BeOnAlert users who are normally resident in California to request and obtain a list of all personal information which BeOnAlert has disclosed to third parties for direct marketing purposes in the previous calendar year, along with the names and addresses of these third parties. Requests are free of charge and may be made only once per year. Please send requests to: email@example.com
Data Controller: All of the information collected about you through BeOnAlert is controlled by BeOnAlert Inc., 177 Park Avenue, Suite 200, San Jose, CA 95113. This information is stored in the United States.
EU-US Privacy Shield Participation: BeOnAlert commits to subjecting all personal data received from European Union (EU) member countries to the EU-US Privacy Shield Framework’s applicable Principles. Under the Privacy Shield, BeOnAlert is responsible for the processing of any personal data it receives from its EU users and any data subsequently transferred to third parties acting as an agent on its behalf. BeOnAlert complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
BeOnAlert is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission in relation to any personal data collected, received or transferred pursuant to the Privacy Shield Framework. In certain circumstances, BeOnAlert may be forced to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
You can read more about the EU-US Privacy Shield at: https://www.privacyshield.gov/list.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
If a change has been made to the Policy that we believe will significantly impact our users then we will contact them straight away to notify and explain the revisions to them. Otherwise, users will have to check the Policy page to discover any changes made.
Attn: Legal Department
177 Park Avenue, Suite 200
San Jose, CA 95113