Table of Contents

Privacy Policy

Roger Kirkness Updated by Roger Kirkness

Last Updated July 21, 2020

INTRODUCTION

1. Convictional, Inc. (“Convictional”, “we”, “us”) has created this Privacy Policy (“Privacy Policy”) in order to set out how we collect, use, and disclose personal information through Convictional Services, (as defined in the Convictional Terms of Service). 

By visiting any of our websites located at: https://www.convictional.com/ (collectively, the “Website”) or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

 

WHAT DOES THIS PRIVACY POLICY COVER?

2. This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual (“Personal Information”). Personal Information may be collected about our customers who may be manufacturers, distributors, and sales reps (each, a “Seller”) and their buyers (“Buyers” and together with the Sellers, the “Users”), as well as our prospective customers, and visitors to the Website.

This Privacy Policy does not apply to the practices of companies that we do not own or control. The Services are intended for use by businesses. Buyers and Sellers are responsible for maintaining their own privacy policies governing the collection, use and disclosure of Personal Information. You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy, including from your clients if you are creating a proposal.

 

COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA

3.1 Account Information

In order to use the Services, Users may be required to have a valid Convictional account to log in to the Service (“Account”). When you register for the Services or create an Account, Convictional collects your name, business addresses, company name (“Account Information”). 

Convictional uses the Account Information to:

  • Authenticate access to the Account and provide access to the Services; 
  • Provide, operate, maintain and improve the Services send technical notices, updates, security alerts and support and administrative messages;
  • Provide and deliver the Services and features you request;
  • Process and complete transactions, and send you related information, including confirmations and invoices;
  • Respond to comments, questions, and requests and provide customer service and support;
  • Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about us and our select partners;
  • Investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
  • Personalize and improve the Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Services;
  • Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes;
  • Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
  • Enable you to communicate, collaborate, and share files with users you designate; and 
  • For other purposes about which we will notify you about and seek your consent. 

Note that Convictional processes payments to Convictional using Stripe, a third-party credit card processing service. We do not store credit card information on our site. All transactions processed using Stripe will be subject to Stripe’s Terms of Service and Privacy Policy.

3.2 Buyer Information

Convictional makes its Services available to Sellers. Sellers are able to store and process data about their client when they sell items on the marketplace, which data may contain Personal Information of Buyers, such as their address for shipping goods. 

3.3 Website Visitors

As you visit or browse the Website, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. This information is logged to help diagnose technical problems for analytics and for quality control purposes. We also collect Personal Information submitted by any visitor to our Website through messaging features we make available on our Website and use such information for the purpose of responding to your requests.

3.4 Cookies

Convictional requires authentication and authorization in order to process Account access. As such, we use cookies throughout the Services to authenticate users.

A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our Website.

Convictional cookies set the secure attribute to true, forcing an encrypted HTTPS connection with our services. We set the Same-Site attribute to strict, meaning that no other website or online service can access Convictional cookies when you are not using Convictional.

We use cookies to recognize devices and provide a personalized experience through the Services. In particular, Convictional uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Convictional to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in and are required in order to use the Services.

Convictional also combines data derived from our usage of cookies with Account Information of registered users for the purposes set out in Section 3.1 above.

3.5 Application Users

Users of the Convictional web application (https://app.convictional.com) are subject to additional information collection. We collect information about usage, including user account details, IP address, clicks and page views. Together, we refer to this as Usage Information.

Convictional processes usage information using a third-party service provider LogRocket. LogRocket allows Convictional to see what our users experience during use of the Convictional web application, and to improve the user experience of the web application over time.

Your data is sent to LogRocket over a secure (HTTPS) connection directly from your browser session to their servers. This allows us to securely collect data about your usage of our services. If you would like to read more about the handling of your data by LogRocket, visit their Privacy Policy.

By default, Convictional collects usage data that is not sensitive (avoiding credentials, credit cards and other forms of sensitive data) and stores it with LogRocket.

Convictional users have the ability to disable usage information collection. Please contact support or visit your settings. This will allow you to anonymize your usage data, or entirely prevent usage data sharing, in order to optimize your experience.

STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION

4. Convictional processes and stores its data, including Personal Information, on servers located in the United States. Convictional also transfers data to the third-party service providers as described below.

By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in Canada and the United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the U.S. under lawful access regimes or court order.

 

DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES

5.1 Service Providers and Business Partners

We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage include third-party companies and individuals employed by us to facilitate our services, including the provision of maintenance services, database management, Web analytics and general improvement of the Services, and businesses who engage our Services (to the extent provided for above). 

5.2 Business Transfers

If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.

If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.

5.4 As required by law

We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request;
  • enforce our contracts or user agreement, including investigation of potential violations hereof; 
  • and detect, prevent, or otherwise address fraud, security or technical issues.

The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.

 

RETENTION

6. Generally, Convictional will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. When a Buyer makes a purchase, the Personal Information collected to process the transactions is stored for a limited time (until the order is shipped) and then deleted. Account Information is stored as long as the Account is active.

We may also retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.

 

ACCESS, CORRECTION AND ACCURACY

7. You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

 

CHANGES TO THIS PRIVACY POLICY

8. We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website or Services after such changes have been first posted.

ADDITIONAL INFORMATION

Questions regarding this Privacy Policy or Convictional’s privacy practices should be directed to our Privacy Officer:

Privacy Officer

compliance@convictional.com

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