Conductor Privacy Policy

Last updated: January 12, 2023

This Privacy Policy describes the personal data Conductor LLC, together with its affiliates including without limitation ContentKing Group B.V. ("Conductor", "our", "we", or "us") collects and processes in connection with your use of its websites currently located at www.conductor.com and www.contentkingapp.com (the “Websites”) and the platforms available at app.conductor.com and app.contentkingapp.com (collectively, the “Conductor Platform”). This Privacy Policy explains how your personal data is used, shared and protected, what choices you have relating to your personal data and how you can contact us. If you would like to know more about our use of cookies, please consult our Cookie Policy. We strongly encourage you to read this Privacy Policy and keep yourself informed of our practices.

The Websites together with the Conductor Platform and the products and services available therein are collectively referred to herein as the “Services”.

This Privacy Policy expressly supersedes and replaces all previous version(s). This Privacy Policy may be updated from time to time. We will notify you of significant changes before they become effective.

1. TO WHICH ACTIVITIES DOES THIS PRIVACY POLICY APPLY?

This Privacy Policy applies to our processing of your personal data as our customer, potential customer, user or visitor in relation to all your interactions with our Services and related support and marketing activities. The personal data we collect and process depends on your choices and your interactions with us or our partners when using the Services.

2. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?

Conductor is responsible for the processing of your personal data. Depending on your use of our Services, we may receive from or share certain personal data with our affiliates or third parties acting as joint data controllers responsible for the processing of your personal data, as discussed further in Section 5 of this Privacy Policy.

3. INFORMATION WE COLLECT ABOUT YOU

We may collect certain information when you visit our Websites and collect and use personal data to provide you with our Services. For example, to set up your user account, use our Services, contact our support service, request to receive communications or participate in our events online and offline. This personal may include:

Children. The Services are not directed to individuals under the age of 18. No one under age 18 may provide any personal information to us via the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services or on or through any of their respective features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we become aware that an individual under age 18 has provided us with personal information, we will take steps to delete such information. If you become aware that a minor has provided us with personal information, please contact [email protected].

4. HOW WE COLLECT INFORMATION ABOUT YOU AND THE PRIMARY PURPOSE FOR COLLECTION AND USE OF THAT INFORMATION.

WHEN YOU VISIT OR USE OUR WEBSITES

We collect and process your personal data when you visit our Websites, including when you allow cookies and if you provide information to us using the forms and other functionalities of our Websites, such as when applying for a demo, signing up for a webinar, sending an inquiry, downloading resources and materials, or applying for a career opportunity.

Processing purposes and legal grounds

We use your personal data for the following purposes, based on the following legal grounds:

• We obtain your consent to:
  • track your behavior on our Websites and your interests in an aggregated manner.
  • improve our Websites, offerings, and tailor our (general) marketing campaigns better to the interest of (potential) customers interested in our products or services.
  • allow you to use the functionalities of our Websites.
• We rely on our legitimate interests to:
  • exercise or defend legal claims.
  • handle and document your questions, requests, or complaints.

When processing personal data for our legitimate interests, we take appropriate measures to ensure that the interests we pursue are balanced with your interests, rights and freedom.

USER ACCOUNT AND USE OF OUR SERVICES

In order to provide you with our Services, we will process your personal data to set up your user account and process information each time you log-in.

• Personalized and general marketing: when you create your account, we will ask your consent to receiving our general newsletters and, separately, to receiving personalized marketing communications tailored to your likely interests derived from your information and interaction with our Websites and Services. You can withdraw your consent at any time via the link in the newsletter to modify your email contact preference settings.
• Interacting with our partners:if you use integrated Services or functionalities offered through our partners, your information and requests will be shared with these partners. We have no control over how they use your personal data.

Processing purposes and legal grounds

We use your personal data for the following purposes, based on the following legal grounds:

• Performance of a contract with you:
  • to allow you to create and use the functionalities of your account and our Services.
• We obtain your consent to:
  • send you general newsletters if you indicated that you wish to receive such marketing communications
  • send you more personalized marketing communications.
• We rely on our legitimate interests to:
  • operate, improve and maintain our business operations and Services
  • tailor our general marketing campaigns to the interest of our (potential) customers. Where possible, we use pseudonymized or anonymized personal data.
  • handle and document your questions, requests, or complaints
  • protect the rights, property and safety of us or third parties
  • exercise or defend legal claims.

When processing personal data for our legitimate interests, we take appropriate measures to ensure that the interests we pursue are balanced with your interests, rights and freedom.

We may process your personal data to comply with legal obligations.

5. WHO WILL HAVE ACCESS TO YOUR PERSONAL DATA?

We cooperate with various parties in order to provide the Services. We share your personal data with the following parties on a need to know basis and to the extent necessary for the business purposes for which your personal data are processed as detailed in Section 4 above and prohibit such parties from using the disclosed information for any purpose other than to perform their contractual obligations.

• Conductor affiliates such as ContentKing Group B.V. (acting as joint controllers with Conductor) for marketing and internal administrative and accounting purposes as outlined in the Privacy Policy.
  • This may include but is not limited to Conductor CRM and billing systems.
• Our partners (joint controllers with Conductor) that provide features and functionality on the Services by means of integrated services or plug-ins.
  • This may include but is not limited to a Conductor partner SEO/marketing agency that the client has chosen to retain services from and is limited to email and contact information.
• Third party service providers processing personal data on Conductor's behalf, for example, to host, manage and service our data, distribute emails, research and analysis and administering certain services and features.
• To any other third party where you have provided your consent.

We have concluded appropriate data protection and processing agreements with the Conductor affiliates.

We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).

6. RETENTION

We will not retain your personal data longer than necessary in relation to the purposes for which the data are processed. This means:

• If you contact us with a question, request, feedback, or complaint, we will in delete your personal data within one (1) year after handling your question, request, feedback, or complaint.
• Account deletion: we may retain all your account data until you amend or have deleted any of such information. You can delete your account by sending us a request at the email contact below. By permanently deleting your account, the functionalities requiring an account will no longer be available, and your personal data in relation to your use will also be deleted. Deletion of your account will not affect our processing of your personal data for purposes not directly related to your account, such as for accounting purposes, to provide you our warranty services or to comply with our legal obligations.
• We will retain your personal data longer if we still need your personal data to comply with the applicable law, or for the establishment, exercise, or defense of legal claims.

7. HOW DO WE SECURE YOUR PERSONAL DATA

We are committed to ensuring that your personal data is kept secure. To prevent unauthorized access, disclosure or loss, we have put in place appropriate technical and organizational measures to safeguard the personal data we process, such as encrypting of data at rest, data in-transit, network traffic, connections, equipment and back-up. In addition, we have a least privileged access policy to ensure limiting access only where required to authorized personnel, auditing access, requiring privileged access approvals, and using industry best practice multi-factor authentication with digital rotating key.

8. YOUR RIGHTS

Certain data subject are entitled to rights based on the jurisdiction in which they reside, Conductor thinks that all individuals should be able to exercise the same control and rights over their personal information, in keeping with that, you have the right to:

• Request access to your personal data held by us: you can ask us whether we process your personal data and, if so, provide you with a copy of that personal data.
• Request us to rectify or complete your personal data: if you believe the personal data we process about you is inaccurate or incomplete, you can ask us to rectify your data.
• Request us to erase certain personal data: you can ask us to delete or remove your personal data in some circumstances.
• Request us to restrict the processing of your personal data:you can ask us to restrict the processing of your personal data in some circumstances, such as when you contest the accuracy of the personal data.
• Object to our processing of your personal data:you can object to our processing of your personal data and ask us to stop such processing at any time if we rely on our own or someone else’s legitimate interests to process your personal data or where we process your personal data for direct marketing purposes. When we rely on legitimate interests, we may continue processing your personal data if we can demonstrate compelling legitimate grounds, which we will consider on an individual basis. Where you object to our processing for direct marketing purposes, we will stop processing your personal data for such purposes.
• Request not to be subject to automated decisions, including profiling:You have the right not to be subject to a decision based solely on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you. We do not use such automated decision-making in relation to our processing of the personal data described in this Privacy Policy.
• Request to port your personal data: You have the right, in certain circumstances, to obtain personal data you have provided to us (in a structured, commonly used, and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Request to withdraw your consent:If we rely on your consent for processing your personal data, you have the right to withdraw that consent at any time. Such withdrawal will not affect the lawfulness of the processing before you withdrew your consent.
• Lodge a complaint with a supervisory authority: If you have a concern about the way we have handled your personal data, you can lodge a complaint with your local supervisory authority.

You may send us such request using the contact details below. We will handle your request and respond to you without undue delay and at the latest within one month of receipt of your request in line with applicable data protection rules. We may need to identify you and obtain proof of your identity to be able to respond to your request.

9. JURISDICTION-SPECIFIC INFORMATION

How do we internationally transfer the personal data of users located in the EEA?

a) If you are located in the Economic European Area (EEA), your personal data may be transferred to recipients in a location outside of that territory. When your personal data is transferred outside the EEA, we are required to ensure that it is subject to a level of protection that is equivalent to the level of protection it would receive as within the EEA. We take the steps necessary to ensure that your data is kept securely and handled in accordance with this Privacy Policy and applicable laws. This section does not apply when you are located outside the EEA.

Transfers to third countries based on the Standard Contractual Clauses

We may transfer personal data to countries with data protection laws that the European Commission considers to be inadequate. When we do so, we have taken appropriate (supplemental) safeguards to ensuring an equivalent level of data protection by concluding Standard Contractual Clauses approved by the European Commission with the receiving party located in such third country (in accordance with article 46.2(c) of the General Data Protection Regulation).

Transfers to adequate countries

Depending on your location and the services you use, we may also transfer personal data to countries with data protection laws recognized by the European Commission as providing an appropriate level of data protection, such as the United Kingdom (see here a list of adequacy decisions taken by the European Commission).

You can contact us using the contact details below if you would like to receive more information on the measures taken to safeguard your information to the extent they are transferred outside the EEA.

b) California Privacy Rights. This section contains additional information about the personal information we collect about California residents and the rights afforded to them under applicable California Law. For more information about the personal information we have collected over the last 12 months, including the categories of sources, please see Section 3. We collect this information for the purposes described in Section 4 and may share such information with the third parties described in Section 5. Conductor only retains personal information it collects for so long as needed for the purposes set out in this Privacy Policy, as noted in Section 6 and will delete any personal information upon the request of a customer or user or in accordance with its established data retention policy and procedures.Conductor may retain usage data for internal analysis purposes and to improve the functionality of the Services. Conductor does not sell personal information and, other than as detailed in this policy, Conductor does not share any personal information we collect. Please note that Conductor may use third-party Cookies for our advertising as further described in our Cookie Policy. We do not share personal information with third parties for their direct marketing purposes nor do we collect Sensitive Personal Information (as that term is defined under California law) Some web browsers may transmit “do-not-track” signals to the websites and other online services with which a user communicates. There is no industry standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established and accepted, we may revisit our policy on responding to these signals.

c) Other State Laws. State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about these rights, we encourage you to research your state’s laws applicable to individual privacy rights, as examples, the right to:

• Confirm whether and why we process personal information
• Access and delete certain personal information
• Exercise data portability (moving data from one provider to another)
• Opt-out of personal information processing for targeted advertising and sales.
• Opt-out of the sale of personal onformation.
• Correct inaccuracies in personal information, taking into account the information's nature and processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, to the extent that these apply in the Conductor context, please contact us at [email protected]. However, please know that Conductor does not currently sell data or conduct automated decision making triggering any state opt-out requirements for these.

10. Exercising Your Rights. You may exercise any of the rights outlined in this Privacy Policy by emailing us at [email protected]. In your request, please provide a description of the material that you want removed or corrected and information sufficient to permit us to locate the material and verify your identify, including your name, email address, mailing address (including city, state, and zip code), and the subject line “Personal Information Removal Request.”

Please note that your request does not ensure complete or comprehensive removal of the material and we may ask you to provide additional information, including a signed declaration confirming your identity or, if you are an authorized agent acting on an individual’s behalf, a signed copy of the authorized agent designation and your registration with governing authority in your jurisdiction (if you are a business). We may have to deny your request if you fail to provide reasonable confirmation of your identity or other identification documents. We may retain information to the extent we have a legal right or obligation to do so.

Materials that you have posted on forums or similar pages may be republished or reposted by another user or third party or we may retain such materials as required by applicable law.

11. HOW CAN YOU CONTACT US?

If you have any questions or comments regarding our this Privacy Policy, please contact us at: Conductor Privacy, 2 Park Avenue #1501, New York, New York 10016 or via email: [email protected].