Calabrio, Inc. Privacy Policy

Personal information is any information from which you as an individual can either directly or indirectly be identified.

Information you provide to us

While using our Website, we may request or require you to provide personal information, such as your full name, address, telephone number, email address, company and/or job title and login information in order to allow the download of documents, completion of contact information forms, attendance at webinars, application for a position, booking a demo of Calabrio’s Software or registration for certain Calabrio events.

This information is utilized to promptly respond to your inquiries and to keep you informed about our products and services. We uphold the confidentiality of your data and do not share it with third parties without your explicit consent.

We may also request you to provide your contact information to send you emails and newsletters regarding our offerings and promotions. You have the option to opt out of these communications at any time. Your information remains confidential and is not shared with third parties without your consent.

If you have any queries or wish to modify or delete your information, you can contact us. See our Contact Information below.

Information we collect automatically through cookies, web beacons and other similar technologies

You provide information to us by using and navigating the screens on our Website.

Cookies are small text files that are stored within your web browser that allow Calabrio to recognize you. If your browser is set to accept cookies, then it adds the text in a small file.

Calabrio utilize cookies to enrich your browsing experience, enabling us to analyze website traffic and personalize content according to your preferences, including by: (a) tracking pages on the Website you have visited, (b) identifying visitors to the Website, (c) analyzing email campaigns, (d) tracking contact forms, and (e) tracking items you download from the Website.

You retain control over cookie management through your browser settings, though disabling certain cookies may impact the Website’s functionality.

Calabrio uses web beacons to further assist in our understanding of the behavior and preferences of our users. Web beacons are transparent graphic images placed on our Website or in our emails to establish an appreciation of the behavior of the Website visitor or of the recipient of an email, including by allowing us to know when an email has been opened. While you are unable to opt out of our use of web beacons, your preferences with respect to cookies may limit our use of web beacons.

Calabrio may use additional technologies that are similar to cookies and web beacons to further allow us to understand your use of our Website, some of which may operate across all of your browsers.

Information we collect through Third Parties

We may use third-party services for collection of personal information and/or collection of payment for purchases (e.g. leverage.swoogo.com and Pardot/Salesforce) made through our Website or for registration to certain events, in which case, you will be redirected to a webpage hosted by such third party and not by Calabrio. Third parties who are provided with or who collect personal information will be contractually obligated to use the data pursuant to Calabrio’s instructions, which shall be consistent with this Policy and which shall include requirements regarding the confidentiality of the information.

Calabrio only uses personal information in a way that is compatible with and relevant to the purpose for which it was collected or authorized.

Calabrio may store any information collected throughout our databases and reserves the right to use the information to:

• Provide the Website to you and to enable your use of the Website.
• Improve the Website, including by the creation of new components or features thereof based on anonymized and aggregated information Calabrio collects pursuant to this Policy.
• Send you information that may be of interest to you, including corporate announcements, information with respect to new products or enhancements, newsletters, educational materials, and event information.
• Send you notices regarding the Website and our services.
• Personalize your experience on the Website based on the information provided, such as displaying relevant content or recommendations.
• Provide customer support and respond to inquiries, including troubleshooting technical issues and addressing user concerns.
• Used for research and development purposes, including the analysis of user trends, preferences, and behaviors to improve products and services.

For details about the processing activities and the legal basis for the processing, please see Purposes and Legal Basis for Processing Your Personal Information below.

Calabrio does not knowingly collect personal information from minors under the age of 13 through its Website. If you are the parent or guardian of a minor under the age of 13 and you are or become aware that your child has provided us with personal information without your consent, please contact Calabrio using the contact information provided in this Policy, and Calabrio will work with you regarding your requests relating to such personal information, including your requests to delete the information.

If Calabrio becomes aware that a minor under the age of 13 has provided us with personal information without consent from his or her parent or guardian, we will delete the information from our records.

Calabrio is committed to implementing all technical and organizational measures needed to ensure the security of personal information as well as the processing and the confidentiality of your information, in compliance with the General Data Protection Regulation (GDPR), ISO 27001, SOC2 Type II standards as well as any new laws and implementing decrees. Therefore, Calabrio takes all the necessary security precautions with regard to the nature of your data, the risks involved in the processing in order to protect the confidentiality and the integrity of data. Security precautions include preventing data from being distorted or damaged and preventing non-authorized third parties from having access (examples: physical protection of offices, access accreditation procedure for competent staff, personal and secure personal access with confidential logins and passwords, logging connections).

Any information you provide to us, including personal information (as defined above), may be transferred and processed in the United States of America, to any Calabrio subsidiary or to

third parties that are located in various jurisdictions around the world. We primarily transfer data to the United States of America, the United Kingdom, India and EEA.

Whenever we transfer your personal information out of the EU/EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• we will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
• we make sure appropriate safeguards are in place such as standard contractual clauses; or an approved code of conduct or certification mechanism; or
• for providers based in the USA, we may transfer information to them if they are part of the EU-US Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework which requires them to provide similar protection to personal information shared between Europe, Switzerland, the United Kingdom, and the USA.

By using our Website or providing any personal information to us, where applicable law permits, you acknowledge and accept the transfer and processing of such information outside of your country of residence where data protection standards may be different.

Calabrio, Inc., complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Calabrio, Inc., has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.

Calabrio, Inc., has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Please note that Calabrio, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Except as disclosed in this Policy, Calabrio will not transfer any personal information to third parties, including through the sale, rental, or trading of personal information collected pursuant to this Policy. Notwithstanding the foregoing, Calabrio may co-sponsor webinars with partners whereby information may be shared between the parties. All such co-sponsors will be identified on the registration page, including information about who the co-sponsor is and what information may be shared. Calabrio may share information with third party service providers contracted by Calabrio to provide services in connection with the Website or any

applicable services. Calabrio will use best efforts to ensure all third-party service providers are contractually bound to use information according to Calabrio’s reasonable instruction and direction.

Calabrio may disclose information to third parties if Calabrio reasonably believes disclosure is necessary to adhere to legal requirements or comply with a legal process, to protect or defend Calabrio’s property and/or intellectual property rights, to enforce this Policy or any contractually binding agreements we have with you, or to protect other users and/or third parties. This may include disclosure of personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Calabrio may also disclose information to a third-party successor if, for example, we transfer the ownership or operation of this Website to another organization or if we merge with or are acquired by another organization or liquidate our assets. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.

Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. Additionally, all other data categories exclude text messaging originator opt-in information and consent; this information will not be shared with any third parties.

When you use the Website, Calabrio or a third party may place a number of cookies in your browser. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies will always be used.

Each cookie serves one of four different purposes:

• Strictly Necessary Cookies: These cookies are necessary for the Website to function and can not be switched off in our systems. You can set your browser to block you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
• Marketing Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not consent to these cookies, you will experience less targeted advertising.
• Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not consent to these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
• Functional Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not consent to these cookies, then some or all of these services may not function properly.

In General

We respect your right to make choices about the ways we collect, use, and disclose your information. This Policy describes some of your choices, such as your choice to opt out (and in some situations opt-in ) of receiving “cookies”. We may ask you to indicate your choices at the time and on the page where you provide your information.

Email Preferences

We will include an “opt out” link in each electronic newsletter or promotional email we send you, so that you can inform us that you do not wish to receive such communications from us in the future.

Do Not Track Mechanisms

California law requires this Policy to address how we respond to any “Do-Not-Track (‘DNT’) signal” delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.

Previously Expressed Preferences

You may change previously expressed preferences regarding how we use your information. If at any time you wish to be taken off our mailing lists, please contact us using the contact information provided below.

Calabrio, Inc. is a Data Controller

For the purposes of European Union data protection laws, the data controller is Calabrio, Inc.  As a data controller, Calabrio determines for what purposes the personal information is processed and how it is processed.

How and Why We Use Personal Information Collected

We will only use the personal information when the law allows us to. The scope and use of personal information by Calabrio is set out in “Purposes and Legal Basis for Processing Your Personal Information” below.

Purposes and Legal Basis for Processing Your Personal Information

Your personal information is collected, processed, and used for the following purposes and legal grounds.

Change of Purpose

We will only use your personal information for the uses and purposes set out above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original uses and purposes.

If we need to use your personal information for an unrelated purpose, we will notify you and will explain the legal basis which allows us to do so.

Data Retention

Personal information collected, processed, and maintained pursuant to the purposes listed in this Policy will be stored by Calabrio or our service providers (e.g. Salesforce), for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the information is collected, or as may be permitted under applicable data protection laws.

To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of the data, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Notification of a data breach

If we become aware of a confirmed breach of your personal information, we will provide notification to you as soon as reasonably practicable, but in any case, in accordance with the timeframes mandated under the GDPR.

Your Rights

You may have the following rights:

• Right to withdraw consent at any time: This applies where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Request access to your personal information: This enables you to receive a copy of the personal information we hold about you and to check that it is accurate and that we are processing it lawfully.
• Object to processing of your personal information: This enables you to object to processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
  In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  You also have the right to object where we are processing your personal information for direct marketing purposes. We will provide you with appropriate choices to opt in or opt out as set out above in our Policy.
• Request correction of your personal information: This enables you to have any incomplete or inaccurate personal information we hold about you corrected, though we may need to verify the accuracy of the new personal information you provide to us.
• Request erasure of your personal information: This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Request transfer of your personal information: This enables you to request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Request restriction of processing: This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.

• Right not to be subject to a decision based on automated profiling: This applies where the automated processing produces legal effects on you or similarly significantly affects you. Note, it does not apply if the decision (a) is necessary for the performance of a contract between you and us, (b) is authorized by applicable law, or (c) is based on your explicit consent. However, where (a) or (c) applies, you have the right to obtain human intervention. You also have the right to be informed of the logic involved in such processes.
• Make a complaint: You have the right to make a complaint at any time to the relevant data protection supervisory authority in the EU member state in which you reside. Please see “Recourse” below.

According to the Data Privacy Framework Principles, EU, Swiss and UK individuals have the right to access their personal data and be able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.  

Accountability for Onward Transfer

In the event Calabrio, Inc., transfers personal information to a third party acting as a controller, we will do so in adherence to any notice provided to you and with your consent and only if the third party provides contractual assurances that it will (a) process personal information for the specific purposes to which you consented; (b) provide at least the same level of protection as is required by the Data Privacy Framework Principles and notify us if it cannot comply with the Data Privacy Framework Principles; and (c) stop processing personal information or take reasonable steps to remediate if it determines it cannot comply with the Data Privacy Framework Principles.

If we have knowledge that a third party acting as a controller is processing personal information covered by this Policy in a manner that is inconsistent with the Data Privacy Framework Principles or that is inconsistent with your consent, we will take reasonable measures to prevent or stop the processing of such personal information.

Calabrio, Inc., will only transfer personal information to our agents (third party representative such as Drift, Chili Piper, Goto Webinar, Salesforce, LinkedIn, Facebook, Google Ads, Microsoft Ads, Google Tag Manager, Google Analytics) if the transfer of information is necessary for the agent to deliver a requested product or service. In the event we make such a transfer of personal information, we will (a) limit the agent to ensure personal information is processed for the specific purposes necessary; (b) require the agent to provide at least the same level of protection as is required by the Data Privacy Framework Principles; (c) take reasonable measures to ensure the agent processes the personal information consistent with Calabrio, Inc.’s responsibilities under this Policy and the Data Privacy Framework Principles; and (d) require the agent to notify us if the agent determines it can no longer meet the obligations under the Data Privacy Framework Principles. In the event Calabrio, Inc., receives a notification from an agent that the agent can no longer meet the obligations under the Data Privacy Framework Principles, we will take reasonable measures to remediate and stop the unauthorized processing.

Calabrio, Inc., retains liability if a third party acting as a controller or an agent processes personal information in a manner that is inconsistent with the Data Privacy Framework Principles or inconsistent with your consent to the extent Calabrio, Inc., is responsible or partially responsible for the event giving rise to the damage.

According to the Data Privacy Framework Principles, EU, Swiss and UK individuals have the choice to choose (opt out) whether their personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. This does not apply when disclosure is made to a third party that is acting as an agent to perform task(s) on behalf of and under the instructions of Calabrio, Inc.  However, an organization shall always enter into a contract with the agent.

Data Transfers outside the European Economic Area

The personal information that we collect from you may be transferred to, and stored at, a destination in the United States of America. The information may also be transferred and processed to any Calabrio subsidiary or to third parties that are located in the United Kingdom and in India.

We will transfer your personal information in accordance with approved transfer mechanisms as well as any applicable local legal requirements. See “International Transfer and Processing of Personal Information” above.

Where we transfer personal information to the United States of America, we ensure the protection of your personal information by complying with the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework. Please see “EU-U.S. DPF, UK Extension to the EU-U.S. DPF and Swiss-U.S. DPF above.

By using our Website or providing any personal information to us, where applicable law permits, you acknowledge and accept the transfer and processing of such information outside of your country of residence where data protection standards may be different.

Opt-in and Opt-out

In relation to marketing communications, we may provide you with an “opt-in” or “opt-out” mechanism depending on where you are located when we collect your personal information.

An “opt-in” mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you such further communications, and we will not send you any unless you have “opted in”. An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt out” we will not send you any. Either way, opting- in or opting out will be up to you.

If you are a resident of California or Nevada, this section provides additional details about the personal information we collect about you, and your rights under the California Consumer Privacy Act, or “CCPA” and/or Nevada Law: SB220.

Subject to certain limitations, the CCPA provides you the right to request:

• That we provide you access to details on the categories or specific pieces of personal information we collect and/or sell (including how we use and disclose this information, to whom we may sell it);
• That we delete any of your personal information;
• To opt out of any “sale” of your personal information that may occur; and
• To not be discriminated against for exercising any of the above rights.

If you would like to submit a request to exercise your California privacy rights under the CCPA, you make such request by emailing [email protected]. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Nevada Law: SB220 permits customers in Nevada to opt-out of the sales of certain types of personal information, via the transfer of personal information to third parties for monetary value to allow the third parties to resell or license the information.

CALABRIO DOES NOT SELL PERSONAL INFORMATION. If you would like additional information on how we use your information that is not addressed in this Privacy Policy, please email [email protected] with your request.

If you are a resident of Colorado, Connecticut, Utah and Virginia, you have the following rights available to you:

• Right to request access, correction, deletion and data portability of your personal information.
• Right to opt out of the processing of your personal information for the purposes of (i) sale of personal information, or (ii) targeted advertising, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

If you would like to submit a request to exercise your rights, you make such request by emailing [email protected]. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CALABRIO DOES NOT SELL PERSONAL INFORMATION. If you would like additional information on how we use your information that is not addressed in this Privacy Policy, please email [email protected] with your request.

Our Website contains links to third party websites that are not owned, managed, or controlled by Calabrio and who may have privacy policies with different standards than those contained herein. Calabrio is not responsible for the privacy practices or the content of such websites. We encourage you to read the privacy policies of any third party website, specifically those that may collect personal information. This Policy is solely applicable to Calabrio and the information we collect on our Website and/or services.

Calabrio may provide you the opportunity to join community forums (the “Forums”) that can be used in connection with our extranet. The Forums may allow you to provide your personal information and create a user profile. This information may be read, collected, and used by others who access them and will be regularly monitored by Calabrio. By posting information on the Forums, you agree that the information may be accessed by individuals both internally at and externally of Calabrio. Comments and discussions will be monitored and may be accessed and deleted for technical or other reasons. Comments posted on the Forum reflect the opinions of the individual poster and should not be deemed to be the opinion of Calabrio. You may delete your own posts to the Forum or you may request Calabrio to delete posts by emailing [email protected] or contacting us via the Contact Information section below.

Calabrio Website includes or may include social media features, including without limitation YouTube videos and links to the platforms Facebook, X, and LinkedIn. These features may collect your IP address, which page you are visiting on our Website, and may use cookies to allow the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with and use of these social media features shall be governed by the privacy policies of the company providing the feature.

If your personal information changes or if you no longer desire to use and access our Website, you may submit a request that includes the updated or modified information (or the request for deletion of the information) to [email protected] or to the address listed in the Contact Information section of this Policy. Calabrio will strive to respond to these requests within 30 days of our receipt of the request. In the event Calabrio disagrees with the request, we will provide you with notification that includes any reason for disagreement.

For Customer accounts Calabrio will retain your information as long as your account is active or as needed to provide you services or as permitted by applicable law. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us and we will consider your request along with the requirements of applicable law.

Calabrio may, in its sole discretion and providing any notice required under applicable law, modify the terms and conditions contained within this Policy and, as such, Calabrio encourages you to review this Policy on an ongoing basis for any changes. In addition, Calabrio will notify you of any changes by email or pop-ups on the Website. Changes shall take effect as soon as they are posted to this Website. Your access to and use of this Website following any such modifications shall be deemed to be your acceptance of such terms.

Any questions about this Policy or Calabrio’s use of information collected from this Website should be directed to [email protected] or by mail to:

Calabrio, Inc.

Attn: Legal Department

241 North 5th Avenue | Suite 1000

Minneapolis, MN 55401

United States

In compliance with the Data Privacy Framework Principles, Calabrio, Inc., commits to resolve complaints about your privacy and our collection or use of your personal information.

EU, UK and Swiss individuals with inquiries or complaints regarding our collection or use of your personal information should first contact Calabrio at [email protected] or at:

Calabrio, Inc.

Attn: Legal Department

241 North 5th Avenue | Suite 1000

Minneapolis, MN 55401

United States

Calabrio, Inc., has further committed to refer unresolved Data Privacy complaints to JAMS, an alternative dispute resolution provider located in the United States of America. If you do not receive timely acknowledgement of your complaint from us, or if we have not resolved the complaint to your satisfaction, please visit https://www.jamsadr.com/file-a-dpf-claim  for more information or to file a complaint. The services provided by JAMS are provided at no cost to you.

Please note that you may, under certain conditions, invoke binding arbitration for complaints related to Data Privacy Framework compliance that are not resolved by any of the other Data Privacy Framework mechanisms. Please visit https://www.dataprivacyframework.gov/s/  for more information.