703.868.6393 contact@focalcxm.com

FocalCXM recognizes that privacy is of great importance to individuals everywhere – our customers,website visitors, product users, everyone. Therefore, the responsible use and protection of personal and other information under our care is a core value of FocalCXM. To learn more about our privacy practices, please review the policy below.

If you have any further questions or concerns, please feel free to reach us at contact@focalcxm.com.

FocalCXM has updated its Privacy Policy and Terms of Use, effective January 1st, 2020. FocalCXM reaffirms its commitment to safeguarding the personal data of our customers, contacts, and anyone who visits our websites. FocalCXM has three core privacy principles. We embrace privacy by design, which means our teams actively design and build features with privacy considered alongside innovation and functionality.

Key Terms

“Contact” is a person a Member may contact through our Service. In other words, a Contact is anyone on a Member’s Distribution List or about whom a Member has given us information. For example, if you are a Member, a subscriber to your email marketing campaigns would be considered a Contact.

Member” means any person or entity that is registered with us to use the Service.

Privacy for Members

This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Service.

Information We Collect

The Personal Information that we collect depends on the context of your interactions with FocalCXM, your FocalCXM account settings, the products and features you use, your location, and applicable law. However, the Personal Information we collect broadly falls into the following categories:

Information you provide to us: You (or your organization) may provide certain Personal Information to us when you sign up for a FocalCXM account and use the Service, consult with our customer service team, send us an email, integrate the Service with another website or service, or communicate with us in any other way.

This information may include:

  • Business contact information (such as your name, job title, organization, location, phone number, email address, and country);
  • Marketing information (such as your contact preferences);
  • Account log-in credentials (such as your email address or username and password when you sign up for an account with us);
  • Troubleshooting and support data (which is data you provide, or we otherwise collect in connection with support queries we receive from you. This may include contact or authentication data, the content of your chats and other communications with us, and the product or service you are using related to your help inquiry); and
  • Payment information (including your credit card numbers and associated identifiers and billing address).

Information we collect automatically: When you use the Service, we may automatically collect or receive certain information about your device and usage of the Service (collectively “Service Usage Data”). In some (but not all) countries, including countries in the European Economic Area (“EEA”), this information is considered Personal Information under applicable data protection laws. We use cookies and other tracking technologies to collect some of this information. If you are using our Mobile App, we may collect this information using our software development kits (“SDKs”) or APIs the first time the SDK or API is initiated on your Mobile App.

Service Usage Data may include:

  • Device information: We collect information about the device and applications you use to access the Service, such as your IP address, your operating system, your browser ID, and other information about your system and connection. If you are using our Mobile App, we may also collect information about the cellular network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s name and unique device ID, and information about the features of our Mobile App that you accessed.
  • Log data: Our web servers keep log files that record data each time a device accesses those servers and the nature of each access, including originating IP addresses and your activity in the Service (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take), device event information (such as system activity, error reports), and hardware settings. We may also access metadata and other information associated with files that you upload into our Service.
  • Usage data: We collect usage data about you whenever you interact with our Service, which may include the dates and times you access the Service and your browsing activities. We also collect information regarding the performance of the Service, including metrics related to the deliverability of emails and other communications you send through the Service. If you are using our Mobile App, we may collect information about how often you use the Mobile App and other performance data. This information allows us to improve the content and operation of the Service and facilitate research and analysis of the Service.

Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners.

Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioural data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other Personal Information we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and service.

Use of Personal Information

We may use the Personal Information we collect or receive through the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:

  • To bill and collect money owed to us by you to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer our Service. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We may use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments.
  • To send you system alert messages in reliance on our legitimate interests in administering the Service and providing certain features.
  • To communicate with you about your account and provide customer support to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and supporting our Service.
  • To enforce compliance with our Standard Terms of Use and applicable law, and to protect the rights and safety of our Members in reliance on our legitimate interest to protect against misuse or abuse of our Service and to pursue remedies available. This may include developing tools and algorithms that help us prevent violations. For example, sometimes we review the content our Members send or display to ensure it complies with our Standard Terms of Use. To improve that process, we have software that helps us find content that may violate our Standard Terms of Use. We may or our third-party service provider may also review content that our Members send or display.
  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.
  • To prosecute and defend a court, arbitration, or similar legal proceeding.
  • To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • To provide, support and improve the Service to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the Service and providing certain features.
  • To provide suggestions to you and to provide tailored features within our Service that optimize and personalize your experience in reliance on our legitimate interests in administering the Service and providing certain features. This includes adding features that compare Members’ email campaigns, using data to suggest other publishers your Contacts may be interested in, or using data to recommend products or services that you may be interested in or that may be relevant to you or your Contacts. Some of these suggestions are generated through analysis of the data used in our data analytics projects, as described below.
  • To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing our products and services for our Members. Our data analytics projects use data from FocalCXM accounts, including Personal Information of Contacts, to provide and improve the Service. We use information like your sending habits and your Contacts’ purchase history, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from FocalCXM accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members.
  • To personalize the Service, content and advertisements we serve to you in reliance on our legitimate interests in supporting our marketing activities and providing certain features within the Service. We may use your Personal Information to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, to provide more personalized features or for advertising or targeting purposes in accordance with this privacy policy.

Third-Party Integrations

We may use the Personal Information we collect or receive through the Service, as a processor and as otherwise stated in this privacy policy, to enable your use of the integrations and plugins you choose to connect to your FocalCXM account. For instance, if you choose to connect a Google integration to your FocalCXM account, we’ll ask you to grant us permission to view and/or download, as applicable, your Google Sheets, Google Contacts, Google Analytics and Google Drive. This allows us to configure your Google integration(s) in accordance with your preferences.

Cookies and Tracking Technologies

We and our third-party partners may use various technologies to collect and store Service Usage Data when you use our Service, and this may include using cookies and similar tracking technologies, such as pixels, web beacons, and if you use our Mobile Apps, through our SDKs deployed on your mobile device. For example, we use web beacons in the emails we send on your behalf, which enable us to track certain behaviour, such as whether the email sent through the Service was delivered and opened and whether links within the email were clicked. Both web beacons and SDKs allow us to collect information such as the recipient’s IP address, browser, email client type and other similar data as further described above details. We use this information to measure the performance of your email campaigns, to provide analytics information, enhance the effectiveness of our Service, and for other purposes described above. Reports are also available to us when we send email to you, so we may collect and review that information.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement available.

Member Distribution Lists

In order to send an email campaign or use certain features in your account, you need to upload a Distribution List that provides us information about your Contacts, such as their names and email addresses. We use and process this information to provide the Service in accordance with our contract with you or your organization and this privacy policy.

A Distribution List can be created in several ways, including by importing Contacts, such as through a CSV or directly from your email client. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person.

If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.

If a Contact chooses to use the Forward to a Friend (FTF) link in an email campaign a Member sends, it will allow the Contact to share the Member’s email content with individuals not on the Member’s Distribution List. When a Contact forwards an email to a friend, we do not store the Contact’s email address or their friend’s email address, and no one is added to any Distribution List as a result of the FTF link. The Member who created the email campaign only sees an aggregate number of times their email campaign was forwarded by a Contact and does not have access to the email addresses used to share or receive that forwarded content.

Your Data Protection Rights

Depending on the country in which you reside, you may have the following data protection rights:

  • To access; correct; update; port; delete; restrict; or object to our processing of your Personal Information.
  • You can contact us at any time to update your own marketing preferences. FocalCXM takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date.
  • The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority.
  • Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within the FocalCXM platform to ensure that you only market to Contacts who have not opted out of receiving such marketing.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.

Privacy for Contacts

This section applies to the information we process about our Members’ Contacts as a data controller. Our Service is intended for use by our Members. As a result, for much of the Personal Information we collect and process about Contacts through the Service, we act as a processor on behalf of our Members. FocalCXM is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. Please check with individual Members about the policies they have in place.

Information We Collect

The Personal Information that we may collect or receive about you broadly falls into the following categories:

Information we receive about Contacts from our Members:

 A Member may provide Personal Information about you to us through the Service. When a Member uploads their Distribution List or integrates the Service with another website or service, or when you sign up for a Member’s Distribution List on a FocalCXM or other signup form, the Member may provide us with certain contact information or other Personal Information about you such as your name, email address, address, or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from a Member.

Information we collect automatically:

When you interact with an email campaign that you receive from a Member or browse or purchase from a Member’s connected store, we may collect information about your device and interaction with an email. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below and in more detail in our Cookie Statement.

  • Device information: We collect information about the device and applications you use to access emails sent through our Service, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
  • Usage data: It is important for us to ensure the security and reliability of the Service we provide. Therefore, we also collect usage data about your interactions with campaigns (and/or emails) sent through the Service, which may include dates and times you access campaigns (and/or emails) and your browsing activities (such as what pages are viewed and which emails are opened). This information also allows us to ensure compliance with our Standard Terms of Use and Acceptable Use Policy, to monitor and prevent service abuse, and to ensure we attain certain usage standards and metrics in relation to our Service. We also collect information regarding the performance of the Service, including metrics related to the deliverability of emails and other electronic communications that our Members send through the Service. This information allows us to improve the content and operation of the Service and facilitate research and perform analysis into the use and performance of the Service.

Information we collect from other sources:

From time to time, we may obtain information about you from third-party sources, such as social media platforms, and third-party data providers. We use this information to provide publicly available social media information about you to Members who have enabled the “Social Profiles” feature in their FocalCXM accounts.

Use of Personal Information

We may use the Personal Information we collect or receive about you in reliance on our (and where applicable, our Members’) legitimate interests for the following purposes:

  • To enforce compliance with our Standard Terms of Use and applicable law. This may include utilizing usage data and developing tools and algorithms that help us prevent violations.
  • To protect the rights and safety of Members, third parties, or FocalCXM. For example, sometimes we review the content of our Members’ email campaigns to make sure they comply with our Standard Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Standard Terms of Use. We, or our third-party service provider, may review those particular email campaigns, which may include your contact information. This reduces the amount of spam being sent through our servers and helps us maintain high deliverability.
  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
  • To prosecute and defend a court, arbitration, or similar legal proceeding.
  • To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • To provide, support and improve the Service. For example, this may include sharing your information with third parties in order to provide and support our Service or to make certain features of the Service available to our Members. When we share Personal Information with third parties, we take steps to protect your information in a manner that is consistent with applicable privacy laws. For further information about how we share information, refer to Section 5 below.
  • To perform data analytics projects. Our data analytics projects use data from FocalCXM accounts, including your Personal Information, to provide and improve the Service. We use information, like your purchase history, provided to us by Members, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from FocalCXM accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you prefer your data not to be used in this manner, you can opt out of data analytics projects at any time by completing this form or emailing us at contact@FocalCXM.com.
  • To carry out other business purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.

C. Cookies and Tracking Technologies

We and our third-party partners may use various technologies to automatically collect and store certain device and usage information (as discussed above) when you interact with a Member’s email campaign or connected store, and this may include using cookies and similar tracking technologies, such as pixels and web beacons or if a Member is using our Mobile App, we may collect this information through our SDKs deployed on our Members mobile device. For example, we use web beacons in the emails we send on behalf of our Members. When you receive and engage with a Member’s campaign, web beacons track certain behavior such as whether the email sent through the FocalCXM platform was delivered and opened and whether links within the email were clicked. Both web beacons and SDKs allow us to collect information such as your IP address, browser, email client type, and other similar data as further described above. We use this information to measure the performance of our Members’ email campaigns, and to provide analytics information and enhance the effectiveness of our Service, and for the other purposes described above.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement available here.

D. Your Data Protection Rights

Depending on the country in which you reside, you may have the following data protection rights:

  • To access; correct; update; port; delete; restrict or object to our processing of your Personal Information.
  • For more information about how you can exercise these rights, please see our Data Subject Requests form. You also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

As described above, for much of the Personal Information we collect and process about Contacts through the Service, we act as a processor on behalf of our Members. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by FocalCXM as a processor on behalf of our individual Members, you should contact the relevant Member that is using the FocalCXM Service, and refer to their separate privacy policies.

If you no longer want to be contacted by one of our Members through our Service, please unsubscribe directly from that Member’s newsletter or contact the Member directly to update or delete your data. If you contact us directly, we may either forward your request to the relevant Member or provide you with the identity of the Member to enable you to contact them directly.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

 

Privacy for Visitors

This section applies to Personal Information that we collect and process when you visit the FocalCXM Sites, and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities or when you visit our offices. In this section, “you” and “your” refer to Visitors.

Information We Collect

 

(i) Information you provide to us on the FocalCXM Sites or otherwise: Our FocalCXM Sites offer various ways to contact us, such as through form submissions, email or phone, to inquire about our company and Service. For example, we may ask you to provide certain Personal Information when you express an interest in obtaining information about us or our Service, take part in surveys, subscribe to marketing, apply for a role with FocalCXM, or otherwise contact us. We may also collect Personal Information from you in person when you attend our events or trade shows, if you visit our offices (where you will be required to register as a visitor and provide us with certain information that may also be shared with our service providers) or via a phone call with one of our sales representatives. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we may keep copies of any such communications for our records.

The Personal Information we collect may include:

  • Business contact information (such as your name, phone number, email address and country);
  • Professional information (such as your job title, institution or company);
  • Nature of your communication;
  • Marketing information (such as your contact preferences); and
  • Any information you choose to provide to us when completing any ‘free text’ boxes in our forms.

(ii) Information we collect automatically through the FocalCXM Sites: When you visit our FocalCXM Sites or interact with our emails, we use cookies and similar technologies such as pixels or web beacons, alone or in conjunction with cookies, to collect certain information automatically from your browser or device. In some countries, including countries in the EEA, this information may be considered Personal Information under applicable data protection laws. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement available here.

The information we collect automatically includes:

  • Device information: such as your IP address, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency, the site from which you linked to us (“referring page”), the name of the website you choose to visit immediately after ours (called “exit page”), information about other websites you have recently visited and the web browser you used (software used to browse the internet) including its type and language)
  • Usage data: such as information about how you interact with our emails, FocalCXM Sites, and other websites (such as the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage).

Use of Personal Information

We may use the information we collect through our FocalCXM Sites and in connection with our events and marketing activities (alone or in combination with other data we collect) for a range of reasons in reliance on our legitimate interests, including:

  • To provide, operate, optimize, and maintain the FocalCXM Sites.
  • To send you marketing information, product recommendations and non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us, in accordance with your marketing preferences, including information about our products, services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent.
  • For recruitment purposes if you have applied for a role with FocalCXM.
  • To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.
  • To manage the FocalCXM Sites and system administration and security.
  • To manage event registrations and attendance, including sending related communications to you.
  • To register visitors to our offices for security reasons and to manage non-disclosure agreements that visitors may be required to sign.
  • To improve the navigation and content of the FocalCXM Sites.
  • To identify any server problems or other IT or network issues.
  • To process transactions and to set up online accounts.
  • To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
  • To help us provide, improve and personalize our marketing activities.
  • To facilitate the security and continued proper functioning of the FocalCXM Sites.
  • To carry out research and development to improve our FocalCXM Sites, products and services.
  • To conduct marketing research, advertise to you, provide personalized information about us on and off our FocalCXM Sites, and to provide other personalized content based on your activities and interests to the extent necessary for our legitimate interests in supporting our marketing activities or advertising our Service or instances where we seek your consent.
  • To carry out other legitimate business purposes, as well as other lawful purposes, such as data analysis, fraud monitoring and prevention, identifying usage trends and expanding our business activities in reliance on our legitimate interests.
  • To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our FocalCXM Sites and Service, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or responding to lawful requests.

Public Information and Third-Party Websites

  • Blog. We have public blogs on the FocalCXM Sites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
  • Social media platforms and widgets. The FocalCXM Sites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our FocalCXM Site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our FocalCXM Site. We also maintain presences on social media platforms, including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
  • Links to third-party websites. The FocalCXM Sites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
  • Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on the FocalCXM Sites or through social media (collectively, “Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include Personal Information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Service. We may share this information with our affiliates and other organizations or service providers in line with this privacy policy and the rules posted for our Promotions.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookie Statement available here.

Other Data Protection Rights

 

Depending on the country in which you reside, you may have the following data protection rights:

  • To access; correct; update; port; delete; restrict or object to our processing of your Personal Information. You can exercise these rights by emailing contact@FocalCXM.com.
  • You may also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
  • Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. You can also contact us at any time to update your marketing preferences (see Section 5. General Information, C. Your Choices and Opt-Outs below).

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

 

General Information

 

How We Share Information

 

We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, “you” and “your” refer to Members, Contacts, and Visitors unless otherwise indicated):

(i) Our service providers: Sometimes, we share your information with our third-party service providers working on our behalf for the purposes described in this privacy policy. For example, companies we’ve hired to help us provide and support our Service or assist in protecting and securing our systems and services and other business-related functions.

Other examples include analyzing data, hosting data, engaging technical support for our Service, processing payments, and delivering content.

(ii) Advertising partners: We may partner with third-party advertising networks, exchanges, and social media platforms (like Facebook) to display advertising on the FocalCXM Sites or to manage and serve our advertising on other sites, and we may share Personal Information of Members and Visitors with them for this purpose. We and our third-party partners may use cookies and other similar tracking technologies, such as pixels and web beacons, to gather information about your activities on the FocalCXM Sites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. For more information, please see our Cookie Statement available here.

(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our FocalCXM Site.

(v) Any other person with your consent.

Legal Basis for Processing Personal Information (EEA and UK Persons Only)

If you are in the EEA or UK, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in this privacy policy in the sections above titled “Use of Personal Information”, but they typically include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Service and our FocalCXM Sites; and supporting our marketing activities.

If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

Where required by law, we will collect Personal Information only where we have your consent to do so.

If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Questions and Concerns” section below.

Your Choices and Opt-Outs

Members and Visitors who have opted into our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the “Questions and Concerns” section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your FocalCXM account.

Our Security

We take appropriate and reasonable technical and organizational measures designed to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. For further information about our security practices, please see our Security page available here. If you have any questions about the security of your Personal Information, you may contact us at privacy@FocalCXM.com.

FocalCXM accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s FocalCXM account is private, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.