© 2020 Response Inc.
Welcome to the website (the “Site”) of Response Inc. (“Response,” “Company,” “we,” or “us”).Company provides digital procurement software (collectively, including the Site, the “Service”).
This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices.
Before using the Service or submitting any Personal Data to Company, please review this Privacy Policy carefully and contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy.If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.
1. PERSONAL DATA WE COLLECT
Any company, individual user, or group of associated individual users or companies that uses the Service is a “User.” Users may be “Buyers” (any User utilizing the Service to request goods, works, or services to be provided or performed by a Seller) or “Sellers” (any User utilizing the Service to offer goods, works or services to Buyers). We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:
Personal Data You Provide: We collect Personal Data when you register for the Service, sign up for a demo of the Service, contact us about the Service, and log in to the Service. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include your name, email address, job title, company address, office address, billing address, phone number, and profile image.
Identity Verification: We may collect Personal Data, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-IdentifyingInformation”). We may aggregate information collected from Response registered and non-registered users (“Response Users”).In some cases, we may render Personal Data (generally, email address) into a form of Non-Identifying Information referred to in this Privacy Policy as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.
Combination of Personal and Non-Identifying Information: Certain Non-IdentifyingInformation would be considered a part of your Personal Data if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Data withNon-Identifying Information, but Response will treat the combined information as Personal Data.
Digital Audit Trail: As part of the Service, we collect information about a User’s activity within the Service. This feature is known as a “Digital Audit Trail.” Digital Audit Trails include automatically gathered information activity within the Service, such changes made to projects including timestamps, the User who made the change, the change itself, and Non-Identifying Information. We will share information contained in Digital Audit Trails with a User’s associated organization. Response may use general information from DigitalAudit Trails for statistical analysis, product development, marketing and research.
User Profiles: You may have the opportunity to create a profile, which consists of information about you, and may include Personal Data, photographs, information on work previously performed via the Service and outside the Service, skills, and other information, including your username (“UserProfile”). The information in your User Profile may be visible to all Users and the general public subject to the privacy choices you make within your UserProfile. You may edit certain information in your User Profile via your account and may choose to limit who is able to view certain content you post to yourUser Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us.
Organization Profiles: Buyers andSellers may also have the opportunity to create an organization Profile, which may vary based on what you choose to share with us, but will generally include your organization’s name, description, address, size, year established, legal formation, logo, email, phone number, fax, website, offices and their corresponding name, address, email, phone number, and fax (“OrganizationProfile”). The information in your Organization Profile may be visible to all Users and the general public subject to the privacy choices you make within your Organization Profile. You may edit certain information in yourOrganization Profile via your account and may choose to limit who is able to view certain content you post to your Organization Profile. If, in any case, you believe that an unauthorized profile has been created about your organization, you can request for it to be removed by contacting us.
Question & Answer and Clarifications: Users of the general Humanitarian section of the Service may provide Sellers the opportunity to participate and post content, both publicly in the Question& Answer section of a project (“Q&A”) or privately in response to the Buyer’s direct questions in the Clarifications section of a project (“Clarifications”).You may choose, through such features or otherwise, to submit or post questions, comments, or other content (respectively, “User Q&A Content” and “ClarificationsContent,” and collectively, “Content”). Please note that your use of the Q&A or Clarifications sections is subject to Section 9.2 of ourTerms and Conditions.
Any Content you post to a Q&A is public, including Personal Data — others will have access to your User Q&A Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Data or post a link to your User Profile in your User Q&A Content or Clarifications Content, and that information, for whatever reason, is not removed or anonymized as outlined in Section 9.2 of the Response Terms and Conditions, that information will be considered public information and the protections of this Privacy Policy will not apply.
Any Content you post while using the COVID-19 section of theSite is public, including Personal Data. If you choose to use the COVID-19section of the Site, others will have access to your COVID-19 related Content and may use it or share it with third parties. If you choose to post anyContent, including Personal Data, to the COVID-19 section of the Site, that information will be considered public information and the protections of thisPrivacy Policy will not apply.
To request removal of your Personal Data from a Q&A, contact us.In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.
Testimonials: We may display personal testimonials of satisfied customers on our Service, in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us.
Projects Through the Service: Buyers may choose to post a project (“Project”)on the Site for Sellers to perform. If you choose to post a Project via the Service as a Buyer, the contents of such listing will be viewable publicly, unless you designate the listing as only viewable through the Service or as private using the settings available on the Site. Projects will generally include information such as budget, delivery location, description of goods, works, or services, key dates and deadlines, purchase request details, evaluation criteria, and other information required for Sellers to have adequate information to write and submit a proposal.
Proposals Through the Service: If you choose to submit a proposal (“Proposal”) in response to a Project as a Seller, the contents of such Proposal will be viewable by the Buyer. Proposals posted in the COVID-19 section of the Site will be viewable by all Users. Proposals will generally include information such as description of goods, works, or services, including technical and financial specifications, OrganizationProfile, corporate memberships, References (as defined below), financial and tax information, proposed lead times, and signed legal agreements.
Evaluation Through the Service: If you choose to evaluate Proposals via the Service as a Buyer, the contents of such Proposals and evaluation criteria will be viewable by the administrative evaluator and tender committee members specified in your Project (“Project Members”).Evaluation criteria will be determined and applied by the Buyer in its sole discretion. Other than hosting the Service, Response has no role in selecting Proposals for any Project. Response takes no responsibility for whether aProposal is selected using the Service, and all responsibility remains with theBuyer responsible for listing the Project on the Site.
Approval Chains: If you choose to approve to post a Project via the Service or evaluate Proposals via the Service as a Buyer, the contents of such approval(generally including the names of Project Members, comments, and approval outcomes (e.g., “Approved” or “Rejected”)) will be viewable by Project Members.
Feedback: We collect feedback from Users about their experience with other Users. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On very rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms and Conditions.
Email to Third Parties and Referral Program: Response lets you send project postings to other Users and non-users of the Response platform (collectively “ThirdParties”) via email. Response also offers the ability to send these ThirdParties emails about providing or purchasing services through the Service. If you choose to use either feature, the Third Party’s email address will be used to send the requested posting and your email address will be used to copy you on the message to the Third Party or to send the message on your behalf.Response stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. A Third Party may contact us to request that we remove this information from our database.
Seller Import: Response lets Buyers import Sellers into the system using CSV or Excel files. By uploading Seller information, Buyer agrees that it has obtained Seller’s information with Seller’s permission. OnceBuyer has imported Sellers, Sellers may receive an invite email to join the Service.
Project Invitations: Response lets Buyers invite Sellers to a given Project. By inviting a Seller, the Seller will receive an email and invitation via the Service granting access to view and submit a Proposal for a given Project. The Seller will also be granted permission to participate in the given Project’s Q&A where applicable.
Specification Catalog: If you choose to post a specification (“Specification”) via the Service as a Buyer, the contents of such listing will be viewable publicly, unless you designate the listing as only viewable through the Service or as private using the settings available on the applicable website. Specifications include information such as qualitative requirements, quantitative requirements, diagrams, images, and documents required to adequately specify goods, works, or services to be provided or performed by a Seller.
References: Response lets Sellers provide to a Buyer a reference from someone with whom they have previously worked (“Reference”). The Reference information may vary based on what you choose to share with us, but will generally include aReference’s organization name, address, email, phone number, fax, primary contact name, nature, value and duration of the relationship between theReference and the Seller, and prewritten reference files. In the event that aReference is included in a Seller’s Proposal to the Buyer, Response or theBuyer may contact the Reference to verify their relationship with the Seller.By including a Reference in a proposal, the Seller agrees that the Reference’s information is accurate to the best of their knowledge and that the information was obtained with the Reference’s permission.
Personal Data We Collect Through Our Social Media Pages: We have pages(“Social Media Pages”) on social media sites like Instagram, Medium, Twitter, and LinkedIn (“Social Media Services”). When you interact with our Social Media Pages, we will collectPersonal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social MediaPages.
Personal Data We Receive Automatically From Your Use of the Service: When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of visitors, peak hours of visits, which pages are visited, from which domains our visitors come (e.g., google.com, yahoo.com, etc.), which browsers people use to access the Service (e.g., Firefox, Microsoft InternetExplorer, etc.), broad geographical information, and navigation patterns. In particular, the following information is created and automatically logged in our systems:
● Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes yourInternet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
● Cookies: Please see the “Cookies” section below to learn more about how we use cookies.
● Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
● Usage information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
Cookies: We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
Analytics: We use GoogleAnalytics, a web analytics service provided by Google LLC (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go tohttps://policies.google.com/technologies/partner-sites. We also use another analytics service called Mixpanel. To learn more or to opt out of that service, please visit https://mixpanel.com/optout.
Online Tracking and Do Not Track Signals:We and our third-party service providers, including Facebook, may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site and use that information to send targeted advertisements. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update thisPrivacy Policy to describe how we do so.
Your Choices: On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
● Internet Explorer
● Mozilla Firefox
● Google Chrome
● Apple Safari
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site. Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at https://www.networkadvertising.org and follow the opt-out instructions there. If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.
2. HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:
● To provide the Service by enabling Buyers to conduct digital sourcing events;
● To enforce User permissions that restrict a User’s editing and viewing access to a given project;
● To respond to your inquiries, comments, feedback, or questions;
● To send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies;
● To analyze how you interact with our Service;
● To maintain and improve the content and functionality of the Service;
● To develop new products and services;
● To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
● To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
Aggregated Information: We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of Users and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.
Marketing: We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
3. SHARING AND DISCLOSURE OF PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
● Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may sharePersonal Data with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Site, please see the “Cookies” section above). Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us pursuant to their own services agreements and privacy policies. We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your Personal Data.
● Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counter parties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
● Legal Requirements: If required to do so by law orin the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of Users, or the public, or (v) protect against legal liability.
● Proposals Shared with Buyers: As part of the Service, Sellers may submit Proposals for review by Buyers. If a Seller submits their Proposal, then technical, financial, legal, and delivery details will be shared withBuyers.
● Information about Buyers Shared with Sellers: If you have entered into a goods, works, or service contract with another User, we may provide that User with your name, company address, billing address, or tax ID orVAT number in order to complete the transaction or to facilitate the resolution of a claim or dispute. The User receiving your information is not allowed to use it for purposes unrelated to the transaction, such as to contact you for marketing purposes, unless you have expressly consented to it.
● Service Providers: We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection, and improvement of Response’s features), or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Data in order to perform these tasks on our behalf, and such Personal Data will be subject to those third parties’ own service agreements and privacy policies.
● What Happens If You Agree to Receive Information From Third Parties or Request That We Share Your Information: You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Data shared, your Personal Data will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of a Social Media Service or similar interactive feature or third-party application, that we share information about you with a third party and we will typically do so under those circumstances.
● Sweepstakes, Contests, and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of thePromotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Data may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
4. DATA RETENTION
We keepPersonal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required bylaw (e.g., for tax, legal, accounting, or other purposes), whichever is longer.
5. UPDATE YOUR INFORMATION
Please contact us if you need to change or correct your Personal Data.
6. CALIFORNIA PRIVACY RIGHTS DISCLOSURES
Third Party Marketing: If you are a California resident, you may have rights under the California Consumer Privacy Act (Cal. Civ. Code §1798.100 et seq.). If you are a California resident and wish to opt out of sharing your Personal Data with third parties for their direct marketing purposes, please contact us and clearly state your request, including your name, mailing address, email address, and phone number. Please see the “Your Choices” section of this Privacy Policy for additional information.
7. CHILDREN
Our Service is not directed to children who are under the age of 13. Company does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to Company through the Service please contact us and we will endeavor to delete that information from our databases.
8. LINKS TO OTHER WEBSITES
The Site may contain links to other websites not operated or controlled by Company, including Social Media Services (“Third-Party Sites”).The information that you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies.
9. SECURITY
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or email. Please keep this in mind when disclosing any Personal Data to Company. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service or third-party websites.
10. PHISHING
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Response. For more information about phishing, visit the website of the Federal Trade Commission at https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scams. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Response, please report it here.
11. YOUR CHOICES
In certain circumstances providing Personal Data is optional. However, if you choose not to providePersonal Data that is needed to use some features of our Services, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.
12. CHANGES TO THE PRIVACY POLICY
The Service, and our business, may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with PersonalData after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.
13. CONTACT US
If you have any questions about our Privacy Policy or information practices, please feel free to contact us.
