Last Updated: November 2017
A. PRIVACY SHIELD
B. PERSONAL INFORMATION THAT NICE COLLECTS
In the course of downloading white papers or other information collateral, or while completing contact forms on our site, we will require you to provide personal information (e.g., your name, phone number, email address, employer, job title, general areas of interest, etc.). We will explicitly indicate the fields designated for mandatory completion. If you do not enter the requisite data in the mandatory fields, you will not be able complete the relevant contact form. It’s important that you understand there is no requirement by law for you to provide NICE with your personal details – the information you share with us is entirely voluntary.
We request that you provide NICE with complete, accurate and correct details. Your failure to do so will likely result in NICE being unable to contact you about your inquiries into our Services.
If, at any time, you provide NICE with personal details about another person, you expressly represent and warrant that you received that person’s explicit written consent to provide such details to NICE.
CONTENT THAT YOU PROVIDE FOR PUBLICATION ON THE WEBSITE
From time to time, NICE may enable you to post content on its Website (i.e., such content may appear on a blog, in a community forum, etc.), or to provide NICE with content that NICE will post. In either scenario, by making available such content to NICE, you expressly acknowledge, agree and warrant that: (i) such content may be published on NICE’s Website; (ii) such content may be used by NICE in various other capacities and for various purposes as NICE deems appropriate, including without limitation, improving NICE’s Services and managing complaints; and (iii) such content does not violate any other person’s right to privacy, does not violate any applicable laws, and does not otherwise infringe any other party’s intellectual property rights. In addition to the foregoing, you should be aware that any content you provide in these areas may be read, collected, and used by others. Based on the foregoing, we ask that any content you provide to NICE DOES NOT INCLUDE ANY PERSONAL INFORMATION ABOUT YOU OR ANYONE ELSE.
If, at some point, you request the removal of your content from our Website, NICE will undertake reasonable efforts to accommodate your request, but it may not be possible to do so. If that should happen, we’ll notify you accordingly.
INFORMATION GATHERED WHEN USING THE SERVICES
NICE may collect information pertaining to your activity on our Website, including content that you create, information or advertisements that you have read, the web pages you visited, offers and Services that were of interest to you, the location of the computer and the Internet Protocol (IP) address through which you had access to the Website and more. Additionally, NICE may collect or use the assistance of third parties to collect and analyze anonymous, statistical or aggregative information related to your use of the Website (and if applicable, the Services offered thereon), including information related to your personal details and activities.
USE OF INFORMATION
We will store the information you provide and the information we collect about your activity on the Website throughout our databases (the “Databases”). We reserve the right to use such information for the following purposes:
- To provide the Services on the Website and to enable you to use them;
- To improve and expand the Services and content offered on the Website, including to create new services and content which correspond to the requirements and expectations of the users of the Website and to modify or cancel existing Services and content. The information used by NICE for this purpose will be mainly statistical information, and will not identify you personally;
- To improve and customize your experience and other users’ experience with both the Website and related Services;
- To contact you occasionally, either by NICE or by a third party acting on our behalf, regarding NICE’s Services and products. Subject to applicable laws and aside from our first communication, we will only contact you about NICE’s offerings if you permit us to do so. Even if you authorize NICE to contact you, your authorization may be revoked/withdrawn by you at any time and you may opt out of NICE’s Website’s mailing lists by following the unsubscribe instructions in each of the emails you receive or by contacting us as described below;
- To contact you if you or someone in your organization requests a product demonstration or product information;
- To contact you as and when NICE believes it to be necessary for technical, administrative or security reasons;
- To analyze and provide statistical information to third parties. This information will not identify you personally;
- For the orderly and proper operation and development of the Website and associated Services; or
TRANSFER OF INFORMATION TO THIRD PARTIES
- If NICE reasonably believes that it is required by law to share or disclose your information in order to prevent, investigate, or take action regarding illegal activities. In addition, to establish or exercise our legal rights or defend against legal claims;
- Further, your personal information may be disclosed as permitted or required by, or in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security;
- In any case of dispute, or legal proceeding of any kind between you and NICE, or between you and other users or third parties with respect to, or in relation with the Services;
- In any case where NICE may reasonably believe that sharing information is necessary to prevent serious damage to your person or property or to the person or property of any third party;
- NICE may share personally identifiable information and information related to your use of the Website, with companies or organizations connected to or affiliated with NICE, such as subsidiaries, sister-companies, parent companies and service providers such as an email service provider to send you emails on our behalf, with the express provision that their use of such information must comply with this policy; or
- NICE is also entitled to transfer or share anonymous, statistic or aggregative information with companies or organizations connected to NICE, and with suppliers, business partners, advertisers, and every third party, according to NICE’s absolute discretion; however, NICE will not disclose your identity to them, knowingly or deliberately, without receiving your consent.
CHILDREN’S ONLINE PRIVACY INFORMATION
NICE does not knowingly collect personal information from minors who are under the age of 16 through the Website and/or the Services thereon. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without his/her consent, then he or she should contact NICE at the information described below. If we become aware that a child under the age of 16 has provided us with personally identifiable information, we will delete such information from our files. Further, the Children’s Online Privacy Protection Act (“COPPA”) requires parental consent for collection of data from children younger than the age of 13 years old. For tips on protecting children’s privacy online, generally, please view the U.S. Federal Trade Commission (“FTC”) website athttps://www.ftc.gov/privacy/privacyinitiatives/childrens.html.
CUSTOMER PROPRIETARY NETWORK INFORMATION NOTICE
By way of clarification, CPNI comprises of: (i) information about the quantity, technical configuration, type, destination, location, and extent to which you use our communication-related services; and (ii) information contained on your telephone bill concerning the services you receive. That information, when matched to your name, address, and telephone number, is known as CPNI. Examples of CPNI include information typically available from telephone-related details on your monthly bill, technical information, type of service, current telephone charges, long distance and local service billing records, directory assistance charges, usage data, and calling patterns. CPNI does not include subscriber list information, aggregate information, or data not specific to a single customer.
You may examine and correct, if necessary, the CPNI-related personally identifiable information regarding you that is collected and maintained by us in our regular business records. In most cases, this information consists solely of billing and account information. We will correct our records if you make a reasonable showing that any such information we have collected about you is inaccurate. If you wish to examine these records, please contact us in writing at the address listed below. Please give us a reasonable period of time to locate and, if necessary, prepare the information for your review. You will only be permitted to examine records that contain personally identifiable information about your account and no other account.
You have the right to restrict our use of your CPNI by sending a request in writing to: inContact, Inc., Kimm Partridge, Assistant Corporate Secretary, 75 West Towne Ridge Parkway, Tower 1, Sandy, UT 84070. If you deny or restrict your approval for any one of our subsidiaries to use your CPNI, you will suffer no effect, now or in the future, on the services provided to you other than our ability to provide you with, or otherwise notify you of, the customized offerings and enhanced services described above.
In the event NICE and/or a NICE subsidiary experiences a privacy breach and CPNI is disclosed to unauthorized persons, federal rules require that such breach be reported to law enforcement. Please be aware that we are not permitted by law to inform customers of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement (which period may be extended if law enforcement shall advise us to withhold such information for a longer period of time).
NICE implements data security systems and procedures to secure the information stored on NICE computer servers. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, NICE cannot guarantee that the Website and Services are immune to unauthorized access to the information stored therein and to other information security risks.
ACCESS TO PERSONAL INFORMATION
If your personally identifiable information changes, or if you no longer desire to use and access our Services, you may correct, update, delete/deactivate your information by emailing NICE via the contact information listed below. We will undertake to respond to your request within 30 days of NICE’s receipt thereof. Although NICE will make reasonable efforts to accommodate your requests, in some circumstances we may not agree. If that should happen, NICE expressly reserves the right to refuse your request to change the personal information in NICE’s records, and will instead append an alternative text to the record in question. Before NICE is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request
We will retain your information for as long as your account is active or as needed to provide you Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
INQUIRIES OR CONCERNS?
As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. We have registered with the United States Council for International Business to cover the operating costs of the EU DPAs’ dispute resolution panel. NICE is subject to the investigatory and enforcement powers of the FTC.