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”).
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.
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.
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.
● 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.
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
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.
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.
● 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
5. UPDATE YOUR INFORMATION
Please contact us if you need to change or correct your Personal Data.
6. CALIFORNIA PRIVACY RIGHTS DISCLOSURES
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
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.
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.
13. CONTACT US