Privacy, cookies, and terms
First Implemented: October 2014
Last Updated: January 31, 2020
Protecting your privacy is important to Symphony Communication Services, LLC and its wholly owned subsidiaries, Symphony Communication Services UK Ltd., Symphony Communication Services Sweden AB, Symphony Communication Services France SAS, Symphony Communication Services Singapore Pte. Ltd., Symphony Communication Services Hong Kong Limited and Symphony Communication Services Japan GK (collectively, “Symphony”, “us”, “our” or “we”).
1. Collection and Use of Information
Our primary goals in collecting and using information are to provide and improve our Services, to administer your use of the Services (including your Account, as defined below), to respond to your comments and questions, to use your email address or other contact information to send you information related to the Services and to enable you to enjoy and easily navigate our Services. Symphony has implemented and will maintain reasonable security controls to protect the confidentiality, integrity and availability of the personal data that Symphony processes.
Visitors. If you are a Visitor, Symphony will collect the following information about you:
- Information Collected Using Cookies and Other Web Technologies. Like many website operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information about your use of the Site.
- “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that could be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services and to monitor how many visitors view our Services.
- Other Information. You may choose to provide us with other information by contacting us or by submitting your information through our Services (“Other Information”). For example, if you submit your contact information through our Services, such as to request more information about the Services or to register for events or webinars, we will use your contact information to send Symphony-related communications that may be of interest to you, including information about the Symphony Services, promotions, or upcoming events.
Direct Users and Authorized Users. If you are a Direct User or an Authorized User, we will collect and use the following information about you in connection with your use of the Services:
- Account Information. To use the Symphony Services, you will need to create an account (if you are a Direct User) or your Company will create an account for you (if you are an Authorized User) (each, an “Account”). When an Account is created, we’ll collect certain personal data that can be used to identify you, such as your name, title, job title, location, email alias, email address and, in certain cases, profile photo and other biographical information about you. If you are an Authorized User and your Account is created on behalf of your organization, we will also collect certain information about your organization. We will only use such personal data and other information for the purposes of providing the Symphony Services to you (if you are a Direct User) and your Company (if you are an Authorized User) or notifying you about relevant information relating to your use of the Symphony Services.
- Other Information. Other Information provided to us by Direct Users and Authorized Users may include, but is not limited to, user feedback and user support requests, in which case, we will collect your name and email address as well as any other content included in your communication, in order to send you a reply or in order to improve the Services.
- Information Related to Use of the Services. We collect certain information about how our Services are used (we refer to this information as “Usage Data”). Usage Data could include information such as a User’s Internet Protocol (IP) address, browser type, operating system, a User’s interactions and/or activities within the Services, including the pages or features of our Services to which a User browsed, the time spent on those pages or features, frequency with which our Services and its features are used by a User, search terms, and other statistics. We use Usage Data to administer the Services and we analyze (and could engage third parties, who are under an obligation of confidentiality, to analyze) Usage Data to improve, customize, and enhance our Services. For Authorized Users, all use of your Usage Data will be subject to the terms and conditions of the MSA. Any use of Usage Data by third parties on our behalf will be subject to requirements that such third parties access such Usage Data on an unattributed basis (such that the identity of the individual User cannot be ascertained by the third party) and that such third parties maintain the confidentiality and integrity of such Usage Data.
- Posted Data. When you use the Symphony Services to post, send, or receive messages (including voice or video chat messages), files or any other information or text, audio, or video communication exchange posted to the Symphony Services, we will transmit and store the content of such exchange (“Posted Data”) as necessary to provide the Symphony Services.
- Information Sent by Your Device. We collect certain information that your device may send when you use our Services, like a device identifier, user settings, and the operating system of your device, as well as information about your use of our Services. Such information helps us to, and will only be used in order to, improve, customize and enhance our Services.
- Location Information. When you use our Services and you enable location services on your device, we will collect and store information about your location by converting your IP address into a rough geo-location or by accessing your device’s location services (if applicable), including GPS coordinates or coarse location. We will only use location information to improve and personalize our Services for you. How much of this information we collect depends on the type and settings of the device you use to access the Services.
Please note that if you decide not to provide us with the personal data that we or the Services request, you will not be able to access or use certain features of the Services.
Retention of Personal Data.
- Authorized Users. If you are an Authorized User, Symphony will retain your personal data in accordance with your Company’s instructions, including any applicable terms in the MSA, and subject to the requirements of applicable law.
Information Shared with Our Service Providers. We engage certain service providers to work with us to administer and provide a portion of the Services. Such service providers include, but are not limited to:
- customer relationship management software providers, including Salesforce, headquartered in the US, which process certain personal data globally, in order to assist us in providing the Services and contacting you;
- Internet hosting and cloud service provider services, such as Amazon Web Services and Google Cloud Platform, headquartered in the US, which process certain personal data globally and enable us to offer a Software as a Service (SaaS) platform;
- customer support services and software, headquartered in the US and which process certain personal data globally, which allow us to deal with any service issues that Users may face and respond quickly to any questions about our Services;
- business analytics and billing service providers, headquartered in the US and which process certain personal data in the US, which allow us to provide the Services to you and better understand how the Services are used; and
- a software engineering service provider, headquartered in Brazil and which processes certain personal data in Brazil and the US, which allows us to efficiently build and maintain our platform.
These service providers have access to and use personal data only for the purpose of performing services on our behalf, and in compliance with applicable laws and regulations (including, without limitation, the CAN-SPAM Act of 2003, the EU General Data Protection Regulation (“GDPR”) and the Privacy Shield (as defined below), as applicable). Such performance can include the processing of personal data, provided that no such service provider has access to your unencrypted Posted Data.
Such service providers will be required to maintain the confidentiality of all personal data that they process on our behalf and to implement and maintain reasonable security controls to protect the confidentiality, integrity and availability of such personal data. For Authorized Users, Symphony will comply with the terms and conditions of the MSA in effect between Symphony and your Company (who is the data controller of your personal data) in connection with any such onward transfer of your personal data. Any such service provider to whom Symphony transfers personal data for processing on behalf of Symphony is also required to only employ staff who have committed themselves to confidentiality or are under a statutory obligation of confidentiality with respect to your personal data. Symphony could remain legally accountable for the protection of your personal data that we transfer to our service providers.
Aggregated and De-identified Information Shared with Third Parties. We could collect and share aggregated and de-identified information with third parties for industry research and analysis, demographic profiling and other similar purposes, and for third-party programs to access the Services in a manner that extends the Symphony user experience and helps us operate and improve the Services.
Information Disclosed in Connection with Business Transactions. Information that we collect from our Users, including personal data, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your personal data, will be disclosed or transferred to a third-party acquirer in connection with the transaction. The disclosure and transfer of any of your personal data to such third-party acquirer will be done in compliance with applicable law and regulation (including but not limited to the GDPR and Privacy Shield, as the case may be), and only as necessary in order to enable Symphony or the relevant acquiror to continue to perform services to you or your Company.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. In certain circumstances, we will disclose any of your personal data to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas), law enforcement requests and national security requests; (ii) to protect our rights and safety and the rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity. In the event of such disclosure or transfer of your personal data to public authorities, there is a chance that Symphony will not be able to require such public authorities to implement and maintain reasonable security controls to protect the confidentiality, integrity and availability of your personal data.
Information Shared with Other Users. For Direct Users and Authorized Users, the information that is listed in your user profile, including, but not limited to, your profile photo, your organization and your name (collectively “Profile Data”), will be published and viewable by other Users in the Symphony directory of Users so that other Users can find you using the “Search” feature in the Symphony Services. For Authorized Users, the content of your Profile Data and its publication in the Symphony directory of Users will be controlled by your Company.
3. Where We Send Your Personal Data
As our Users and Services operate globally, we may need to transfer User personal data to different countries outside your country of residence in order to provide the Services, including when you choose to send Posted Data on the Symphony Services to Users in those other countries. When we transfer personal data outside of the European Economic Area (EEA), the UK, or Switzerland, we use a variety of legal mechanisms to make sure that your personal data is sent with appropriate safeguards:
- Model Clauses: The personal data that we collect from you may be transferred to, and stored at or processed in, the US, UK, Brazil, Hong Kong, Singapore and/or Japan, and may be held on servers globally by some of our service providers. These transfers of personal data are based on the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses) pursuant to Decision 2010/87/EU.
- VeraSafe Privacy Program. Symphony is a member of the VeraSafe™ Privacy Program, meaning that VeraSafe has assessed Symphony’s data governance for compliance with the VeraSafe Privacy Program Certification Criteria. The certification criteria require that participants maintain a high standard for data privacy and implement specific best practices pertaining to notice, onward transfer, choice, access, data security, data quality, recourse and enforcement.
The Federal Trade Commission, the relevant EU data protection authorities, the UK Information Commissioner’s Office, and the Swiss Federal Data Protection and Information Commissioner (as the case may be) have jurisdiction to investigate and enforce any issues relating to compliance with or certification to the Privacy Shield. Symphony will cooperate and comply with the dispute resolution panel established by the relevant EU data protection authorities, UK Information Commissioner’s Office, and the Swiss Federal Data Protection and Information Commissioner (as the case may be) in addition to the VeraSafe Dispute Resolution Procedure outlined in Section 7 below.
4. Your Choices – EU & UK Users
If you are a User located in the EU or the UK, then depending on whether you are an Authorized User, a Visitor, or a Direct User, we will offer you certain choices regarding the collection, use and sharing of your personal data.
Authorized Users. If you are an Authorized User, the personal data associated with your Account and your Profile Data is managed by your Company’s administrator. Symphony can only act on the instructions of your Company, so you must contact them directly to exercise any rights over your personal data.
Visitors and Direct Users. If you are a Visitor or a Direct User, you have specific rights over the personal data that Symphony controls which you can exercise in specific circumstances, such as:
- Access: to know whether we process personal data about you, to access that personal data and find out how we use it and who we share it with;
- Portability: to receive a subset of the personal data we collect from you in a structured, commonly-used and machine-readable format, and to request that we transfer such personal data to another party.
- Correction: to require us to correct personal data about you that is accurate or incomplete;
- Erasure: to request that we erase personal data we hold about you in certain circumstances. Note that in cases where we grant your request for deletion, copies of erased personal data could remain in archived/backup copies for our records, as we are not always able to delete information from those locations;
- Restriction: to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances; and
- Objection: to object to our processing of personal data about you and we will consider your request.
Please contact us at firstname.lastname@example.org with such requests. We will respond to your request as soon as we reasonably can and we will attempt to respond to all requests within 30 days of verifying your identity.
5. Access and Choice – Swiss Users
If you are a Visitor or Direct User located in Switzerland, then we will:
- provide you with access to personal data about you which we hold, and allow you to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Swiss-U.S. Privacy Shield Principles, in each case to the extent required under such Principles;
- permit you to choose (“Choice”) whether your personal data is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you, in each case to the extent required under the Swiss-U.S. Privacy Shield Principles; and
- to the extent we receive sensitive personal data from you, obtain your affirmative express consent prior to disclosing such sensitive personal data to a third party or using it for a purpose other than for those for which such personal data was originally collected or subsequently authorized by you.
You may exercise your Choice rights by contacting email@example.com.
6. California Users
If you are a California resident, please refer to our Supplemental Privacy Notice for California Residents.
7. Questions; Complaints; Other
Symphony Communication Services, LLC
1 World Trade Center, Suite 45D
New York, NY 10007
Attn: General Counsel
For the purposes of EU data protection laws, our representative in the EU is Symphony Communication Services Sweden AB, registered at c/o Head Office, Grev Turegatan 3 (Trapphus D, vån 6), SE-114 6 Stockholm, Sweden with the contact email address firstname.lastname@example.org.
Complaints and Data Requests Under the Privacy Shield. You can at any time submit a complaint, personal data access request or communicate any other issues arising under the Privacy Shield with respect to your use of the Services or Symphony’s processing of your personal data to Symphony’s General Counsel at email@example.com, or by courier to:
Symphony Communication Services, LLC
1 World Trade Center, Suite 45D
New York, NY 10007
Attn: General Counsel
Our London-based Office Manager, a representative of our UK subsidiary, Symphony Communication Services UK Ltd., can also be used as a point of contact for Europe-based and UK-based Users. The address of our UK office is:
Symphony Communication Services UK Ltd.
7 Harp Lane
London EC3R 6DP
Further, our Head of Sales – APAC, a representative of our Hong Kong subsidiary, Symphony Communication Services Hong Kong Ltd., can also be used as a point of contact for Asia-based Users. The address of our Hong Kong office is:
Symphony Communication Services Hong Kong Ltd.
Spaces 4/F – 6/F
Lee Garden 3
1 Sunning Road
Symphony will respond promptly to any such complaints or inquiries, within one month from the date on which we receive such complaint or inquiry and have verified your identity. This is without prejudice to your right to launch a complaint with the data protection authority in the UK or in the EEA country in which you live or work.
If a privacy complaint or dispute cannot be resolved through Symphony’s internal process, Symphony has agreed to participate in the VeraSafe Dispute Resolution Procedure. Subject to the terms of the VeraSafe Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/.
In addition, under certain conditions, you could be entitled to invoke binding arbitration to resolve a complaint or dispute arising under the Privacy Shield.
Our Policy Toward Children
You must be at least 18 years of age to use the Services. Our Services are not directed to individuals under 18 and we do not knowingly collect personal data from individuals under 18. If we learn that we have collected personal data of an individual under 18, we will take steps to delete such information from our files
- Visitors and Direct Users: We will update the Site and comply with any notification requirements under applicable law.
Legal Basis Table
(see Section 1 for further information)
Please note that this table applies only to Visitors and Direct Users located in the EU and the UK where Symphony is acting as the data controller. If you are an Authorized User, please contact your Company for information about its legal basis for processing your data.
Other Information (as defined above)
Information collected using cookies and other web technologies
Information Sent by your Device