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Our Privacy Policy

Last updated: April 15, 2020

Welcome

This Privacy Policy (“Privacy Policy”) is designed to help you understand how Ombud, Inc. (“Ombud”, “we”, “our” or “us”) collects and uses the information, including personal data, that you share when you use www.ombud.com and its associated domains (together, the “Site”), as well as the information, software or services made available to you through the Site (collectively, “Services”).  Except where otherwise expressly indicated in this Privacy Policy or on the Site, this Privacy Policy applies only to information collected on the Site and through the Services. It also describes the choices available to you regarding our use of your Personal Data and how you can access and update this information.

Before submitting information to the Site or Services, please review this Privacy Policy carefully. By using or accessing the Site or Services, and/or communicating with an Ombud agent via mail, email or telephone, you are accepting the practices described in this Privacy Policy.  The Privacy Policy is incorporated into our Terms of Service (available at
https://www.ombud.com/terms-of-service).

You are responsible for submitting accurate personal and other information to the Site. If you prefer that we not collect your Personal Data, please do not provide it to us. When you submit your personal and other information on the Site, you hereby consent to the collection, use and disclosure of such information as set forth in the Privacy Policy.

EU-U.S. and Swiss-U.S. Privacy Shield Frameworks

Ombud complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union/EEA and Switzerland to the United States, respectively. Ombud has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Please note, the Federal Trade Commission has investigation and enforcement authority over our compliance with the Privacy Shield.

To learn more about the Privacy Shield program, and to view our certification, please visit
https://www.privacyshield.gov/.

Users Outside Of The United States

The Site is hosted in the United States and is governed by United States law. If you are outside the United States when you visit the Site or engage in communications with an Ombud representative via mail, e-mail or telephone, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located, and our central database is operated. As you are contracting for the Services with Ombud, which is a US company, any information you provide to us, or that we collect through your use of the Services and that is necessary to provide you with the Services, will be stored, processed, and transferred within, or to, the United States. Please be aware that the US and jurisdictions other than the one in which you are located may not provide the same level of data protection as considered adequate in your country. Note that your Personal Data may be available to the US Government or its agencies under legal process in the United States.  

Legal Basis

Our legal basis for collecting and using your Personal Data is (i) to do so with your consent; (ii) where we need the Personal Data for performance of a contract or requested service; or (iii) where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.  In some cases, we may also have a legal obligation to collect the Personal Data in question.  If we collect your Personal Data with your consent, you may withdraw your consent at any time.  You understand and agree that we may collect, use, disclose and otherwise process the Personal Data you provide even if you are located outside the United States.  

Information We Collect

We collect the information that you share with us, including:

1. Personal Data:
“Personal Data” is information that can personally identify you. We maintain one or more databases in the United States to store your Personal Data and may retain it as reasonably required to fulfill the purposes identified herein. Personal Data that we collect depends on how you use the Site. For example, if you register and create an account to use any of the Services or if you wish to contact us, we may collect your name, email address, IP address, information about other software that you use and the email addresses that you provide to contact us. If you download and use the Site and/or Services through a mobile device, Ombud may collect information regarding the type of device you use, operating system version, the device identifier (or “UDID”), your IP addresses, and associated services from your mobile device. When you visit the Site as a guest, Ombud may automatically collect information regarding the type of device you use, operating system version, your IP addresses, and Services accessed during your visit.

2. General Information:
When you visit the Site, we may collect various categories of general non-Personal Data (“General Information”). General Information includes type of browser and  operating system on your device, and the date, time, length of stay and specific pages accessed during your visits to the Site. When possible, General Information may be linked to Personal Data. We do this to improve services we offer you, and for purposes of our analytics.  

Cookies & Other Online Identification Tools

Please see our Cookie Policy below for information about how Ombud utilizes cookies and other online identification tools.

Tracking

We do not ask for access or track any location-based information from your mobile device at any time while downloading or using our Services. We may occasionally send you push notifications through the Service’s mobile application to send you email and event notifications and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings or opt out by emailing us at privacy@ombud.com..  You can also opt out by accessing the “Unsubscribe” link included on the communications or respond with “Unsubscribe” in the subject line.  Providing your Personal Data to us is your choice. However, if you choose not to provide us with certain Personal Data, you may not be able to take advantage of certain features of the Site and Services.  

Mobile Analytics

We use mobile analytics software to allow us to better understand the functionality of our Service’s mobile applications on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personal Data you submit within the mobile app.

Widgets

Our Web site may include Social Media Features, such as the LinkedIn Share button and Widgets, that run on our site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

How We Use Personal Data

Ombud will not rent, sell, trade or disclose your Personal Data to third parties without your informed prior consent. Some specific examples of how Ombud may use your Personal Data are:
1.   to customize, analyze, adjust and improve the Site and Services to better meet your needs;
2.   to facilitate communication between Ombud and you;
3.  to provide you with information that may interest you, such as our newsletters or emails about our products and services (this information contains a subscriber link allowing you to opt out);
4.  to provide you with marketing and promotional information about products and services we believe may interest you (this information contains a subscriber link allowing you to opt out);
5.   to administer a survey (if you consent to participate in the survey via a response email);
6.   in a customer testimonial posted on the Site;
7.   to enforce Ombud’s agreements with you;
8.  to provide you with important administrative information regarding the Site and Services, such as changes to this Privacy Policy, our Terms of Use and our other policies;
9.  And to prevent fraud and other prohibited or illegal activities.

Disclosure Of The Information That We Collect

Unless you have consented or as otherwise described in this Privacy Policy, we will not disclose your Personal Data except for:

1. Affiliates.
We may share your information with our Affiliates who perform services or functions for Ombud and who may use your information for purposes similar to the purposes for which Ombud collects such information. Ombud requires all such companies to comply with the terms of this Privacy Policy. For purposes of the foregoing an “Affiliate” means any corporation, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with Ombud;

2. Business Partners.
We may share your information with our business partners who may provide services that integrate with the Ombud Service. The sharing of this information would be predicated on your use of the integration. Ombud does not control our Business Partners’ use of the information and their use of the information would be in accordance with their own privacy policies. If you do not want your information shared with these business partners, you can choose not to use the applicable integration.

3. Fulfillment of Services.
Ombud may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf. Examples include customer support specialists, web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms, payment services firms and email service providers. Such third parties may be provided with access to Personal Data needed to perform their functions, but may not use such information for any other purpose.  These third parties are also contractually required to implement security measures to protect Personal Data;

4.Compliance with Law and Fraud Protection.
We may disclose any information, including, without limitation, Personal Data, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law such as to comply with a subpoena, regulation, binding orders of a data protection agency, legal process or governmental request. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Ombud reserves the right to disclose your Personal Data if we believe you have or are violating our Terms of Service or in order to protect or defend Ombud’s or another party’s rights or property, even without a subpoena, warrant or other court order;

5. Sale or Transfer of Information.
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of Ombud or the Site, Personal Data and/or other information collected through the Site or the Services may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Ombud, the Site and/or Services. In the unlikely event of an insolvency, bankruptcy or receivership, your information also may be transferred as a business asset. By using the Site and Services and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data; and

6. Frames.
Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our Site. If you access this third-party content, please be aware that you are providing your Personal Data to these third parties and not to us directly,

Notwithstanding the foregoing, in cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield and Swiss-U.S. Privacy Shield, Ombud remains potentially liable.

The Site and/or Services may allow you to connect with other websites, products, or services that we do not control. If you visit or use such services, we recommend that you review and understand their privacy practices before sharing your information with those services.

Google Integration Services

If you choose the option to integrate the Ombud services with Google Drive, you will thereby grant Ombud permission to view, access, download, and create files in your Google Drive account. Ombud will only use these permissions if and when you utilize the Ombud integration to Google Drive. If requested by you, Ombud will use the connection to upload your specified file into the Ombud platform or to publish files from Ombud directly to your Google Drive account. When publishing files into Google Drive, this data will be governed by Google's privacy policies and Ombud does not assume any responsibility for Google's use of your data once shared via Ombud's services.

Controlling Your Personal Data

If you tell us that you do not want us to use your Personal Data to contact you, Ombud will comply with the applicable law. In certain cases Ombud will only contact you if instructed to do so. In either case, you may instruct Ombud – at any time and at no cost -- to stop sending you emails, newsletters, or other information. Ombud may, however, continue to use your Personal Data to contact you to service your account in conjunction with your use of the Ombud Service. Please note that if you use more than one name or e-mail address when communicating with Ombud or using the Site, you may continue to receive communications from Ombud to any name and/or email address not specified in your opt-out request. We will also provide an individual opt-in choice before we share your data with third parties other than as specified in this Privacy Policy, or before we use it for a purpose other than as specified in this Privacy Policy). To limit the use and disclosure of your Personal Data, please submit a written request to privacy@ombud.com.

Withdrawal of Consent

Where you have provided your consent to us for use of your Personal Data or for other processing of your Personal Data, you can withdraw your consent at any time by emailing us at privacy@ombud.com. Please see our cookies section for information about withdrawing your consent for cookies. We process your Personal Data for marketing purposes with your consent and, at any time after providing consent, you have the right to object to our processing of data about you in order to send you promotions, special offers and marketing, and we will stop processing the data for that purpose.

Access Requests

Under applicable law, certain individuals may have the right to  access to the Personal Data about them that Ombud holds and are able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Principles. If you would like to modify or delete your Personal Data, please submit a request at privacy@ombud.com with clear instructions about what you would like modified or deleted. We will respond to your request within 30 days after a verified request is received. We will retain your information for as long as your account is active or as needed to provide you Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Customer Testimonials

We post customer testimonials on our web site which may contain Personal Data. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your Personal Data from Testimonials please contact us by submitting a request at privacy@ombud.com.

Blog / Forum

Our Site offers publicly accessible blogs or community forums. Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the Personal Data that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.  

Security

Ombud has implemented technical, administrative and physical security measures to protect your information from unauthorized access and use as described. While Ombud strives to protect your information, no data transmission over the Internet is 100% secure and, consequently, while we strive to protect your Personal Data, we cannot guarantee or warrant the security of any information you transmit to or from the Site, and you do so at your own risk.  We cannot promise that your Personal Data will remain absolutely security in all circumstances.  We are not responsible for the circumvention of any privacy settings or security measures we may provided.  

If you register and create an account with us, you will be asked to provide a unique password and other login information.  You are responsible for taking reasonable precautions to protect your password.  You should not share your password with anyone.  Ombud cannot be held responsible for a breach that results from a lost or stolen login or password information.  Please see our security statement at:
https://www.ombud.com/security

Our Site Is Not For Use By Minors

We do not knowingly collect information from minors (individuals below 18 years). To use the Site and Services, you must be the age of legal majority in your place of residence. By using the Site and Services, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Site and Services. All information provided to Ombud will be treated as if it was provided by an adult. If, however, we learn that a minor has submitted information about himself/herself to us, we will delete the information as soon as possible.

Third Party Links

We may provide links to third-party web sites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.

Modifications

We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the “Effective Date” date at the top of this web page. The modified Privacy Policy will be effective immediately upon posting on the Site. Your continued use of the Site or Services after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Site and Services.

Do Not Track

Currently, our systems do not recognize browser “Do-Not Track” requests.  However, you may disable certain tracking functions as discussed in this policy (e.g., by disabling cookies).

California Residents

“Shine The Light” -- California’s “Shine The Light” law permits individuals who provide Ombud with Personal Data and who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. Ombud does not, at this time, disclose Personal Data to third parties for their direct marketing purposes. If Ombud changes this policy, we will update this provision and provide instructions on how you may make a request for details concerning such information.

California Consumer Privacy Act – The California Consumer Privacy Act (CCPA) gives California consumers enhanced rights with respect to their Personal Data that is collected by businesses.  For purposes of the CCPA, we do not “sell” Personal Data to third parties for their marketing purposes.  Ombud may be considered a “service provider” under the CCPA in relation to its business customers.  Residents of other states may also have similar rights to request information about or delete their Personal Data.  To inquiry about exercising these rights, please contact us at privacy@ombud.com.

Users and Customers from the EU/EEA and Switzerland

Residents of the EU/EEA and Switzerland, irrespective of their nationality, have certain individual rights under the GDPR, such as:

1. The right to be informed about the collection and use of their Personal Data.
2. The right of access to find out that is stored about them.
3. The right to rectification of their Personal Data if it is inaccurate or incomplete.
4. The right to erasure to enable an individual to request the deletion or removal of Personal Data where there is no compelling reason for its continued processing.
5. The right to restrict processing to ‘block’ or suppress processing of Personal Data.
6. The right to data portability allowing individuals to obtain and reuse their Personal Data for their own purposes across different services.
7. The right to object to the processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing and/or for purposes of scientific/historical research and statistics.
8. The right to choose and the means for limiting the use and disclosure of their personal data.
9. Various rights in relation to
automated decision making (making a decision solely by automated means without any human involvement) and profiling (automated processing of Personal Data to evaluate certain things about an individual).

If you would like to exercise these rights, please submit a request to privacy@ombud.com.

Severability

The invalidity or unenforceability of any provisions of this Privacy Policy in any country shall not affect the validity or enforceability of any other provision of this Privacy Policy, which shall remain in full force and effect.

Questions About our Privacy Policy

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Ombud commits to resolve complaints about your privacy and our collection or use of your Personal Data. Individuals with inquiries or complaints regarding this privacy policy should first contact Ombud by emailing us at privacy@ombud.com.

Complaints

In the event that you wish to make a complaint about how we process your Personal Data, please contact us and we will endeavor to deal with your request. This is without prejudice to your right to raise a complaint with the data protection supervisory authority in the EU member state in which you live or work where you think we have infringed data protection laws. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint.

Independent Recourse Mechanism under the Privacy Shield

Ombud has further committed to refer unresolved Privacy Shield complaints to TRUSTe/TrustArc, an alternative dispute resolution provider located in the United States. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at
https://feedback-form.truste.com/watchdog/request

If your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.  To find out more about the Privacy Shield’s binding arbitration scheme, please see: h
ttps://www.privacyshield.gov/article?id=ANNEX-I-introduction. The Federal Trade Commission has investigation and enforcement authority over our compliance with the Privacy Shield.

You can also send us any request or inquiry via regular mail to:

Attention: Privacy Officer
Ombud, Inc.

633 17th Street, Suite 1800
Denver, Colorado  80202
United States of America

Email: privacy@ombud.com