System Initiative

--- title: Privacy Policy --- # Privacy Policy _Effective as of March 31, 2023._ This Privacy Policy describes how System Initiative, Inc. ("**System Initiative**," "**we**", “**us**” or "**our**") handles personal information that we collect through our digital properties or services that link to this Privacy Policy, including our website, as well as through social media, our marketing activities, our live events and other activities described in this Privacy Policy (collectively, the “**Service**”). At the time we collect personal information, System Initiative may provide additional or supplemental privacy policies to individuals. For example, if you apply for a job with us, we may provide you with an additional or supplemental privacy notice. We provide an information technology infrastructure management platform (“**Platform**”). This Privacy Policy does not apply to information that we process on behalf of our enterprise customers while providing the Platform to them. Our use of information processed in connection with the Platform is governed by our agreements with the relevant enterprise customer. If you have questions regarding personal information that we process on behalf of an enterprise customer, please direct your concerns to that enterprise customer. Our websites, products and services are designed for enterprise customers and their representatives. Our products and services are not designed for use by individuals for their personal, family or household purposes. Accordingly, we treat all personal information we collect as pertaining to individuals in their capacities as business representatives and not their individual capacities. <u>NOTICE TO EUROPEAN USERS</u>: Please see the below [Notice to European Users](#euro-notice) section for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as “**Europe**”, and “**European**” should be understood accordingly). <!-- # **Index** **Personal information we collect** **How we use your personal information How we share your personal information Your choices** **Other sites and services Security** **International data transfer Children** **Changes to this Privacy Policy How to contact us** **Notice to European Users** --> ## Personal information we collect **Information you provide to us.** Personal information you may provide to us through the Service or otherwise includes: - **Contact data**, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, social media handles, and phone number. - **Company data**, such as the industry you work in, the tools your Company uses, and the Company’s cloud provider. - **Account data**, such as the username and password that you may set to establish an account on the Service. - **Demographic data**, such as your city, state, country of residence, and postal code. - **Resume, curriculum vitae, professional history, or similar data**, such as when you apply for a job or submit an employment application. - **Communications data**, based on our exchanges with you, including when you contact us through the Service, social media, or otherwise. - **Marketing data**, such as your preferences for receiving our marketing communications and details about your engagement with them. - **Other data** not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection. **Third-party sources.** We may combine personal information we receive from you with personal information we obtain from other sources, such as: - **Public sources**, such as government agencies, public records, and other publicly available sources. - **Private sources**, such as information services, social media and other platforms (e.g., LinkedIn, GitHub), data providers/licensors, and other private sources. - **Marketing partners**, such as joint marketing partners and event co-sponsors. - **Third-party services** that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service. **Automatic data collection.** We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as: - **Device data**, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area. - **Online activity data**, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them. - **Communication interaction data**, such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails. **Cookies and similar technologies**. Some of the automatic collection described above is facilitated by the following technologies: - **Cookies**, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place. - **Local storage technologies**, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications. - **Web beacons**, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked. - **Session-replay technologies,** such as those provided by PostHog that employ software code to record users’ interactions with the Services in a manner that allows us to watch video replays of those user sessions. The replays include users’ clicks, mouse movements, scrolls and keystrokes during those sessions. We may use these technologies in connection with our Platform. These replays help us diagnose usability problems and identify areas for improvement. You can learn more about PostHog at [https://posthog.com/privacy](https://posthog.com/privacy). **Data about others.** Visitors to the Service may have the opportunity to refer contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so. ## How we use your personal information We may use your personal information for the following purposes or as otherwise described at the time of collection: **Service delivery.** We may use your personal information to: - provide, operate and improve the Service and our business; - communicate with you about the Service, including by sending announcements, updates, and support and administrative messages; - establish and maintain your user profile on the Service; - enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in; - understand your needs and interests, and personalize your experience with the Service and our communications; and - provide support for the Service, and respond to your requests, questions and feedback. **Research and development.** We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. **Marketing.** We, our service providers and our third-party partners may collect and use your personal information for marketing purposes: - **Direct marketing**. We may send you direct marketing communications. You may opt-out of our marketing communications as described in the _Opt-out of marketing_ section below. **To manage our recruiting and process employment applications.** We may use personal information, such as information submitted to us in a job application, to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics. **Compliance and protection.** We may use your personal information to: - comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; - protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); - audit our internal processes for compliance with legal and contractual requirements or our internal policies; - enforce the terms and conditions that govern the Service; and - prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. **With your consent.** In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law. **To create anonymous, aggregated or de-identified data.** We may create anonymous, aggregated or de- identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data identifiable to you. We may use this anonymous, aggregated or de- identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business. **Use of Cookies and Similar Tracking Technologies.** We may use these technologies for the following purposes: - **Functionality**. To enhance the performance and functionality of the Services. - **Technical operation**. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service. - **Analytics**. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. ## How we share your personal information We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection. **Service providers.** Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics). **Business and marketing partners.** Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you. **Linked third-party services**. If you log into the Service with, or otherwise link your Service account to, a third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service. **Professional advisors.** Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us. **Authorities and others.** Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the _compliance and protection purposes_ described above. **Business transferees.** Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, System Initiative or our affiliates (including, in connection with a bankruptcy or similar proceedings). ## Your choices In this section, we describe the rights and choices available to all users. Users who are located in Europe can find additional information about their rights in the [Notice to European Users](#euro-notice) below. **Access or update your information.** If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account. **Opt-out of marketing communications.** You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by [contacting us](mailto:info@systeminit.com). Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. **Cookies.** Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit [http://www.allaboutcookies.org](http://www.allaboutcookies.org/). **Do Not Track.** Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit [http://www.allaboutdnt.com](http://www.allaboutdnt.com/). **Linked third-party platforms.** If you choose to connect to the Service through a third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party. **Declining to provide information.** We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services. ## Other sites and services The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use. ## Security We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information. ## International data transfer We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country. > **Users in Europe should read the important information provided in the [Notice to European Users](#euro-notice) below about transfer of personal information outside of Europe.** ## Children The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please [contact us](info@systeminit.com). If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information. ## Changes to this Privacy Policy We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business. ## How to contact us - **Email**: [info@systeminit.com](mailto:info@systeminit.com) - **Mail**: System Initiative, Inc., 548 Market St., Suite 66061, San Francisco, CA 94104-5401 - **Phone**: +1 415.237.3614 ## Notice to European Users<a name="euro-notice"></a> ### General **Where this Notice to European users applies.** The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom and the European Economic Area (i.e., “**Europe**” as defined at the top of this Privacy Policy). **Personal information**. References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data” (as defined in the GDPR) – i.e., information about individuals from which they are either directly identified or can be identified. **Controller.** System Initiative, Inc. is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of European data protection legislation (i.e., the [EU GDPR](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=EN) and the so-called ‘[UK GDPR](https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/)` (as and where applicable, the “**GDPR**”)). See the ‘How to contact us’ section above for our contact details. **Representatives**. We have appointed the following representatives in the EEA/UK as required by the GDPR – you can also contact them directly should you wish: <Tiles columns="2"> <div> <u>Our representative in the EEA</u>. Pursuant to Article 27 of the General Data Protection Regulation (GDPR), System Initiative, Inc. has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: <p>- By using EDPO’s online request form: <a href="https://edpo.com/gdpr-data-request/">https://edpo.com/gdpr-data-request/</a></p> <p>- By writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium</p> </div> <div> <u>Our representative in the UK</u>. Pursuant to Article 27 of the UK GDPR, System Initiative, Inc. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: <p>- By using EDPO’s online request form: <a href="https://edpo.com/uk-gdpr-data-request/">https://edpo.com/gdpr-data-request</a></p> <p>- By writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom</p> </div> </Tiles> ### Our legal bases for processing In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use. Our legal bases for processing your personal information described in this Privacy Policy are listed below. - Where we need to perform a contract, we are about to enter into or have entered into with you (“**Contractual Necessity**”). - Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“**Legitimate Interests**”). More detail about the specific legitimate interests pursued in respect of each purpose we use your personal information for is set out in the table below. - Where we need to comply with a legal or regulatory obligation (“**Compliance with Law**”). - Where we have your specific consent to carry out the processing for the purpose in question (“**Consent**”). We have set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal information – for more information on these purposes and the data types involved, see ‘How we use your personal information’. | **Purpose** | **Categories of personal information involved** | **Legal basis** | |-|-|-| | **Service delivery** | Contact data<br/>Company data<br/>Account data<br/>Demographic data<br/>Communications data<br/>Marketing data<br/>Device data<br/> | Contractual Necessity | | **Research and development** | Any and all data types relevant in the circumstances | Legitimate Interests. We have legitimate interest in understanding what may be of interest to our customers, improving customer relationships and experience, delivering relevant content to our customers, measuring and understanding the effectiveness of the content we serve to customers. | | **Direct marketing** | Contact data<br/>Communications data<br/>Marketing data | Legitimate Interests. We have a legitimate interest in promoting our operations and goals as an organisation and sending marketing communications for that purpose.<br/><br/>Your Consent, in circumstances or in jurisdictions where consent is required under applicable data protection laws to the sending of any given marketing communications. | | **To manage our recruiting and process employment applications** | Resume, curriculum vitae, professional history, or similar data | Your Consent | | **Compliance and protection** | Any and all data types relevant in the circumstances | Compliance with Law.<br/><br/>Legitimate Interests. Where Compliance with Law is not applicable, we and any relevant third parties have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We and any relevant third parties may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our and their rights, property, and/or safety. | | **To create anonymous, aggregated or de-identified data.** | Any and all data types relevant in the circumstances | Legitimate Interests. We have legitimate interest, and believe it is also in your interests, that we are able to take steps to ensure that our services and how we use personal information is as un-privacy intrusive as possible. | | **Use of Cookies and Similar Tracking Technologies.** | Device data<br/>Online activity data | Legitimate Interests. We have legitimate interest to place strictly necessary cookies on your device, to ensure the performance of basic functions on our Service.<br/><br/>Your Consent, for the placement of any non-strictly necessary cookies on your device. | | **Further uses** | Any and all data types relevant in the circumstances | The original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the personal information was collected.<br/><br/>Your Consent, if the relevant further use is not compatible with the initial purpose for which the personal information was collected. | ### Retention We retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for compliance and protection purposes. 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 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. When we no longer require the personal information, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you. ### Other info **No sensitive personal information.** We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us. If you provide us with any sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service. **No Automated Decision-Making and Profiling.** As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects. ### Your rights **General.** European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold: - **Access.** Provide you with information about our processing of your personal information and give you access to your personal information. - **Correct.** Update or correct inaccuracies in your personal information. - **Delete.** Delete your personal information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be described to you, if applicable, at the time of your request; - **Portability.** Port a machine-readable copy of your personal information to you or a third party of your choice, in certain circumstances. Note that this right only applies to automated information for which you initially provided consent for us to use or where we used the information to perform a contract with you. - **Restrict.** Restrict the processing of your personal information, if, (i) you want us to establish the personal information's accuracy; (ii) where our use of the personal information is unlawful but you do not want us to erase it; (iii) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it. - **Object.** Object to our processing of your personal information where we are relying on Legitimate Interests (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom – you also have the right to object where we are processing your personal information for direct marketing purposes. - **Withdraw Consent.** When we use your personal information based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent. **Exercising These Rights.** You may submit these requests by email to [info@systeminit.com](mailto:info@systeminit.com) or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions. **Your Right to Lodge a Complaint with your Supervisory Authority**. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence. - For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: [https://edpb.europa.eu/about-edpb/board/members_en](https://edpb.europa.eu/about-edpb/board/members_en) - For users in the UK – the contact information for the UK data protection regulator is below: The Information Commissioner’s Office<br/> Water Lane, Wycliffe House<br/> Wilmslow - Cheshire SK9 5AF<br/> Tel. +44 303 123 1113<br/> Website: [https://ico.org.uk/make-a-complaint/](https://ico.org.uk/make-a-complaint/) ### Data Processing outside Europe We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe. It is important to note that that the US is not the subject of an ‘adequacy decision’ under the GDPR – basically, this means that the U.S. legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information, which is equivalent to that provided by relevant European laws. Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented: - **Transfers to territories with an adequacy decision.** We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time). - **Transfers to territories without an adequacy decision.** - We may transfer your personal information to countries or territories whose laws have **<u>not</u>** been deemed to provide such an adequate level of protection (e.g., the U.S., see above). - However, in these cases: - we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorise for this purpose; or - in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer.  You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.