Smync Platform Policy

Last Updated March 1, 2016

Smync is a social media management system (“Platform”). The Smync system is a tool that enables companies and organizations, or Smync “Customers,” to process and manage publicly available information about their brand on the Internet.

This means that the Smync system aggregates and saves a record of publicly available information about your interaction with a company or organization on the Internet.

Smync proactively encourages each of its Customers to engage in privacy best practices. While Smync cannot guarantee that its Customers will abide by the best practices in user privacy, it does its best to ensure that everyone that is part of its ecosystem is aware of those practices and has received concrete guidance and/or training concerning implementation. Of course, Smync Customers are responsible for their own use of the Smync platform. Please review the Customer’s individual terms of service and privacy policies for information on their privacy practices.

Notice: Smync and Compliance with EU Privacy Law

Although the information collected within our platform is primarily publicly available, Smync was in compliance with the U.S-EU Safe Harbor framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union and Switzerland (concerning our Customers whose use of the Smync system may constitute a cross-border transfer of data).

On February 2, 2016, the EU and US announced a new data transfer deal, the EU-US Privacy Shield. As Smync receives further information on compliance with this new program, Smync will ensure it meets its standards. Smync retains and reiterates its commitment to Internet user privacy for users across the globe.

The following are Smync’s commitment to each Customer:

(1)     Notice. When Smync collects your personal information, we give you timely and appropriate notice describing what personal information we are collecting, how we will use it and the types of third parties with whom we may share it. This notice is located in this policy. Smync advises its Customers to provide similar notice to their unique customers and partners of their use of the Smync system.

(2)    Choice. Smync will give you choices about the ways we use and share your personal information, and we will respect the choices you make. Please recognize that Smync is a system used by Customers and, as such, we advise and encourage our Customers to take appropriate action with respect to their own privacy standards as it relates to social media management.

(3)     Relevance. Smync will collect only as much personal information as is required to meet the specific, identified purposes of Customer contracts, and we will not use it for other purposes without obtaining your consent.

(4)     Retention. Smync will keep your personal information only as long as we need it for the purposes for which we collect it, or as permitted by law.

(5)     Accuracy. Smync will take appropriate steps to make sure your personal information in our records is accurate, as much as is within the power of Smync as a system used by its Customers.

(6)     Access. Smync will provide ways for you to access your personal information as quickly as possible upon request, as required by law, so you can correct inaccuracies. Please use the address below to request access to your information.

(7)     Security. Smync will take appropriate physical, technical and organizational measures to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration, and destruction. Smync and its Customers enter into agreements requiring that Smync use the highest industry standards with respect to storage of data and the security of its system.

(8)     Sharing. Except as described herein, Smync will not share your personal information with third parties without your consent. As standard policy, Smync’s Customer agreements prohibit the sharing of information beyond communication with a specific Customer.

(9)     International Transfer. If Smync is used to transfer your personal information to another country, Smync will take appropriate measures to protect your privacy and the personal information transferred.

(10)   Enforcement. Smync will regularly review how we are meeting these privacy promises, and we provide an independent way to resolve complaints about our privacy practices (see below).

To access your information, ask questions about our privacy practices or issue a complaint, contact us at:

Smync Privacy Compliance

222 West Merchandise Mart Plaza

Chicago, IL 60654

866.808.6412

[email protected]

To learn more about our Privacy Policies for the Smync platform, please read below.

Notice Concerning Content Shared Online by Children

Smync does not direct any of its business practices or system outputs directly or indirectly towards children. We are committed to respecting the privacy of children online and ensuring that Smync is compliant with the Children’s Online Privacy Protection Act (COPPA). If Smync learns that the information of a child under the age of 13 is stored within its platform, Smync will promptly notify Customer representatives and delete any personal information in that user’s account or any other profile information that Smync has been used for.

Smync’s indexing of publicly available information will include information from public websites and profiles that may have in error granted accounts to children under the age of 13. Smync is not accountable for the faulty verification practices deployed by third party websites or social channels.

How the Smync Platform Works

Smync provides tools to allow its Customers to manage the publicly available information on Internet users primarily through social media. The use of Smync by its Customers generally falls into six categories: Analytics, Audience, Engagement, Listening, Governance and Integration. The core capabilities and functionality that Smync provides its customers are outlined below – greater detail and a more comprehensive list of features and functionality can be provided upon request:

(1)     Analytics features allow Customers to:

1. Analyze and report on individual, group and overarching brand performance;

2. Associate outgoing messages with campaigns, keywords and other variables for brand analysis;

3. Rapidly build and share dashboards;

4. Compare analytics across social channels and persistent searches;

5. Customize reporting across various KPIs such as engagement, reach and activity;

6. Integrate reporting with external data systems; and

7. Export reporting to CSV file format.

(2)     Audience features allow Customers to:

1. Perform multi-channel, multi-function and multi-division support for engagement, reporting and monitoring;

2. Segment engaged persons from social media based on interest, keyword or other qualifying data;

3. Identify and profile audience members that require routing for notification or escalation based on influence;

4. Develop an holistic view of performance and integrate this data with a Customer’s existing web analytics platforms;

(3)     Engagement features allow Customers to:

1. Rely on multi-channel, multi-function and multi-division support for engagement, reporting, and monitoring across Facebook, Twitter, Tumblr, YouTube, LinkedIn, Google+, Instagram, Sina Weibo, and other social channels as they emerge and are added to the Smync channel portfolio;

2. Identify and profile audience members that require routing for notification or escalation based on influence, sentiment, tone, past engagement and other custom variables;

3. Create customized approval workflows based on user permissions;

4. Simplify inbound content workflow with queues, message assignment and notifications;

5. Identify and profile brand advocates and key influencers;

6. Determine most active members via our proprietary algorithm to provide a “Smync Score”;

8. Search, filter and analyze audience members and create rules to automatically tag, segment, and profile them; and

9. Determine sentiment via automated and manual scoring.

(4)     Listening features allow Customers to:

1. Perform keyword searches and search senders across social media platforms, blogs & blog comments, mainstream news sources, forums, photo and video sites, social network communities and broad searches;

2. View visual analytic displays of conversation trends over a specified time range;

3. Search, filter and analyze conversation streams to determine sentiment, intent, mood; and

5. Export reporting to CSV, PDF and/or Excel file format.

(5)     Governance features allow Customers to:

1. Manage access at the division, social account, and user role levels;

2. Track interaction and activity enterprise-wide;

3. Assign message approvers and change permissions and passwords;

4. Configure multi-user, group or individual routing, queues, notifications and escalation procedures;

5. Define automated, customizable and flexible rules, filters, actions and alerts.

6. Standardize reporting metrics;

7. Maintain a global content schedule and calendar via the Smync Calendar;

9. Centralize digital asset inventory and management; and

10. Establish automated and manual workflow options.

(6)     Integration features allow Customers to:

1. Shorten URLs via bit.ly or your own domain URL;

2. Implement domain white-labeling;

3. Build and deploy custom widgets for your corporate intranet;

4. Integrate with web analytics tools for holistic measurement;

5. Connect with CRM systems; and

Smync Customers use the platform to perform functions with the system as outlined above. Smync has provided each of its Customers with suggested guidelines, Smync’s Privacy Guidelines for Customers, which fall in line with the Smync policies that are outlined in this document.

The Content the Smync Platform Allows Customers to Index

Smync is a social media management system that lets companies manage and measure social media content. A monitoring dashboard enables users to track keywords, influencers and competitors. Dashboards can be shared across the organization to improve operational efficiency. The intent of Smync is that the information that Smync is indexing can be found by anyone online using a search engine.

Smync’s Customers use the Smync system to aggregate publicly available content on the Internet. This includes, but is not limited to:

Twitter

Facebook

YouTube

LinkedIn

Google+

Instagram

Sina Weibo

Blogs & blog comments

Mainstream news sources and

Smync does not circumvent any of your personal privacy settings on any of the platforms that it indexes content from. The Smync system is intended for the use of publicly available information. Smync does not bear responsibility for its Customers use of the platform with non-public information. Smync has implemented security practices to account for this use of the platform as a safeguard.

How Smync Uses Your Content

Smync is a social media management system deployed and used primarily by its Customers. As such, Smync’s Customers are the ones who are indexing content using the Smync tool. Smync requires each one of its customers to sign agreements with Smync that align with Smync’s privacy practices. We also require as part of these agreements that Smync Customers agree to abide by the policies of third-party websites, such as Facebook and Twitter, as well as comply with all US, European Union, Swiss, Canadian and the privacy laws of other jurisdictions.

Smync works arduously to ensure that it is in compliance with the laws of other international jurisdictions in which its Customers may use the platform.

Communication

The Smync system allows its Customers to communicate with Internet users who post content publicly on social networking services and other sites. Again, Smync customers are given privacy guidelines for these types of communications and agree to abide by the policies of third-party websites, such as Facebook and Twitter, as well as comply with all applicable US, European Union, Swiss and Canadian privacy laws.

Smync works arduously to ensure that it is in compliance with the laws of other international jurisdictions in which its Customers may use the platform.

Any private communications between Smync Customers and Internet users through the Smync platform are maintained in accordance with the Smync Terms of Service.

Monitoring

The Smync platform allows Customers to monitor Internet users who interact with the Customer through publicly available content.

For example, if an Internet user Tweets about the fictitious brand “Joe’s Shoes” and their Tweets are set to “public” in their Twitter privacy settings, Joe’s Shoes would have the ability, by using the Smync system, to track this Internet user to determine if these actions and sentiments lead the Internet user to become a customer, make a purchase or in some other ways interact with the Joe’s Shoes brand.

Targeting

The Smync platform also allows its customers to post advertisements and campaigns. Smync’s Privacy Guidelines for Customers provides guidelines for use of this feature so that it may be used in compliance with the Federal Trade Commission’s .com Disclosures guidelines to avoid engaging in unfair and deceptive marketing practices. Smync urges all of its Customers to be as transparent as possible in their use of the Smync system.

Accessing Your Information Stored on the Smync Platform

You have the right, upon written request, to access the publicly available information that Smync processes. If such content is found, Smync will inform you about such content (limited by others’ privacy interests or legal rights), how it is being used and other information as required under applicable law. This obligation is only in relation to content that is directly held by Smync, not in any information that is held by its Customers and not Smync.

To make a request, please send a letter or an email to Smync Privacy Compliance. Please include the following information in your request:

1) Your Name;

2) Your Contact Information, including phone number, address and email; and

3) The Precise nature of your request.

Such requests can be sent to [email protected] or be mailed to:

Smync Privacy Compliance

222 West Merchandise Mart Plaza, Suite 1212

Chicago, IL 60654

866.808.6412

[email protected]

Smync’s Mobile Application for Customer Use

Smync’s mobile application (offered for Android, iOS and Windows Mobile) is available for download and use in the iTunes Store, Google Play Store, Microsoft Store and Windows Phone Store. Smync’s applications are only for use by Customers of Smync. If you are not a Customer of Smync, you should un-install the application from your device immediately.

If you are a Customer of Smync, you agree to the contents of this Privacy Policy, Smync’s Terms of Use and any other terms and conditions set forth in the agreements that your company has with Smync.

Smync’s Full Policy for Data Transfer Within the European Union

There is a distinction between the use of public information, public record information, and non-public information through the Smync system. Smync is used by its Customers for a variety of purposes.

Definitions

“Personal Information” or “Information” means information that (1) is transferred from the EU or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

Principles

Notice

Smync shall inform an individual of the purpose for which it collects and uses the Personal Information and the types of non-agent third parties to which Smync discloses or may disclose that Information. Smync shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to Smync, or as soon as practicable thereafter, and in any event before Smync uses or discloses the Information for a purpose other than for which it was originally collected.

Choice

Smync will offer individuals the opportunity to choose (opt out) whether their Personal Information is (1) to be disclosed to a third party, or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, Smync will give individuals the opportunity to affirmatively or explicitly consent to or opt out of the disclosure of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Smync shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information. Please contact Smync Privacy Compliance for further details.

Onward Transfers

Prior to disclosing Personal Information to a third party, Smync shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Smync shall ensure that any third party for which Personal Information may be disclosed subscribes to the Principles or are subject to law providing the same level of privacy protection as is required by the Principles, and agree in writing to provide an adequate level of privacy protection. All changes and notifications will be available at https://www.Smync.com/privacy.

Data Security

Smync shall take reasonable steps to protect the Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Smync has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Smync cannot guarantee the security of Information on or transmitted via the Internet.

Data Integrity

Smync shall only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, Smync shall take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.

Access

Smync shall allow an individual access to their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual may be violated.

Enforcement

Smync uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with these Principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with these Principles.

If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution using the European data protection authorities (EU DPAs) and Swiss Federal Data Protection and Information Commissioner (FDPIC) as a third party resolution provider.

Amendments

This Privacy Policy may be amended from time to time consistent with the requirements of the laws of the European Union. Smync will provide notification of such changes through the Smync website.

Information Subject to Other Policies

Smync is committed to following the Principles for all Personal Information within the scope of the former Safe Harbor Agreement Framework and the EU Data Privacy Directive. However, certain information is subject to policies of Smync that may differ in some respects from the general policies set forth in this Privacy Policy.

General Amendments and Updates to this Smync Platform Policy

This Privacy Policy may be amended from time to time consistent with applicable laws. Smync will provide notification of changes to this Privacy Policy through the Smync website.