Effective 5/9/2018

Platform Terms Of Use

Introduction

Welcome to the Dynamic Signal Platform Service, an online service, which includes websites, mobile apps, and other technology and components for employee communications and engagement (collectively the "Platform"), owned and operated by Dynamic Signal, Inc. ("Dynamic Signal", "DySi", "we," "our," or "us").

These Terms of Use apply when we are engaged by a company or other organization (our "Customer" or the "Organization") to use the Platform to communicate with their employees and/or other invited users of the Organization's unique instance of the Platform.

In addition to these Terms of Use, the Organization may provide you with additional policies and terms that are tailored to how our Platform is used by the Organization.  We urge you to review any such additional policies and terms, and to contact your Organization should you have any questions.

By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by these Terms of Use ("TOU" or "Terms"). Your use of is also subject to our Platform Privacy Policy, which covers how we collect, use, share, and store your personal information, as well as, any additional policies and terms provided by your Organization.

We reserve the right to amend these Terms, our Privacy Policy at any time and without notice. When we update these Term, we will revise the "Effective Date" date above and post the new Term online, make it available through the Platform, and communicate it to the Organization. The Organization will be responsible for notifying you, and may elect to do so through the Platform, or we will notify you if the Organization instructs us to do so. We encourage you to regularly check back on this page to ensure you are up to date with any changes. If you object to any changes, you may close your account. Your continued use of the Platform after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms.

You must be 18 or over to register, sign-up, or use the Platform.  We ask that anyone under 18 not use the Platform or submit any information to us.

Overview Of The Platform

The Dynamic Signal Platform is a cloud-based Employee Communication and Engagement platform hosted and operated by DySi that enables an Organization to communicate with you, other employees and/or individuals authorized (collectively, "Users") by the Organization to use the Platform.

How it works?  An Organization (e.g. your employer) contractually engages DySi to establish a unique instance on our Platform. The Organization's Platform instance is accessible through a website and a mobile app where Users may view and comment on Organization-related content such as information about products, services, events and other content chosen and posted onto the Platform by the Organization ("OrganizationContent"),and where Users may view such content, potentially share it with other Users or outside the Platform and provide comments and other Organization permitted user content. The Organization can enable the Platform to connect your social networking site ΓÇô e.g. Facebook, YouTube, Linkedin, Twitter, etc.("Social Network Site" or "SNS") ΓÇô with your User account, but only with your express consent, which you may withdraw at any time.

The Organization (e.g. your employer) controls the OrganizationContent and other information collected from you when your account is created. To that end, we have signed an agreement with your Organization that defines how this information should be used and, we only will use information it according to this agreement (the "customer agreement").
Your Organization also defines the scope of the community in its unique instance of our Platform ("Community"), and some Organizations opt to include a larger community beyond their own employees (for example, business partners or alumni).  You may request more information on what subgroups are a part of your Community from the Organization you are associated with.  Only those in your Community can view other User profiles and feeds on the Organization's instance of the Platform.

Use Of The Platform

Your use of the Platform, as authorized by your Organization, is subject to these Terms, as well as any additional policies and terms provided by your Organization.   DySi reserves all rights not expressly granted herein. DySior your Organization may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Platform without notice and liability, if, in their respective determination, you violate any of these Terms.

By providing DySi your email address you consent to our using the email address to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages relevant to your use of the Platform.  Within your User settings, you may select the particular types of notifications you receive through the Platform; however, you will always continue to receive emails or push notifications that are relevant to and a necessary part of your use of thePlatform.

User Content

In your use of the Platform, you may upload, post, provide, publish, display, comment on, like, link to or otherwise make content available via the Platform (collectively, "User Content").  You grant to the Organization, and to us,a worldwide, transferable and sublicensable right to copy, modify, distribute, display, and process all of the User Content youmake available via the Platform, including but not limited to making your User Content available to other Users within Platform, without any further consent, notice and/or compensation to you or others.

You are solely responsible for the User Content that you available via the Platform.You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings). You understand that any User Content you make available may be viewedby and accessible to all Users of the Platform.

You can end this license for specific content by deleting such content from the Platform, or generally by closing your account, except (a) to the extent it has been shared with others as part of the Platform and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.Please note, content you create and share on the Platform may remain on the Platform and be accessible even if you deactivate or terminate your User account. In this way, content you provide on the Platform is similar to other types of content (such as letters, emails, presentations or memos) that you may generate in the course of your interactions with other parties.  Please see the Platform Privacy Policy for more information about account and content deletion.

In addition, notwithstanding anything to the contrary, DySi may use and distribute statistics based on your use of the Platform for its internal purposes as described in the Platform Privacy Policy. By submitting suggestions or other feedback regarding any of our services, you agree that we can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree that we are acting behalf of the Organization and only acting as a passive conduit for your online distribution and publication of the OrganizationContent and your and other Users'User Content. DySi is not responsible for policing the Platform or any Company or User Content. DySi does not and will not have any obligation to review Company or User Content, and therefore we do not guarantee the accuracy, integrity, or quality of Company or User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable Company or User Content will not appear on our Platform. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Company or User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Platform, is solely your responsibility. DySi is not responsible for any public display or misuse of your User Content. We do, however, to the extent permitted by law, reserve the right to review any or all User Content in our sole discretion and reserve the right to remove any User Content, in whole or in part. UNDER NO CIRCUMSTANCES WILL DYNAMIC SIGNAL BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH A SITE BY YOU OR ANY OTHER USER.

Service Usage Restrictions

You agree that you will:

  1. Abide by and comply with these Terms;
  2. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, and regulatory requirements;
  3. Comply with all terms of use and similar rules concerning your use of any SNS or other third-party publishing platform;
  4. Provide accurate information to us and keep it updated;
  5. Use your real name on your profile;
  6. Use the Platform in a professional manner.

You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with the Platform, including being dishonest, abusive or discriminatory;
  2. Post User Content that infringes upon any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity;
  3. Post User Content that:
    1. is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, airing personal grievances or disputes, or otherwise inappropriate or objectionable;
    2. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness;
    3. may create a risk of any other loss or damage to any person or property;
    4. may constitute or contribute to a crime or tort;
    5. contains any information or content that is illegal;
    6. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
    7. contains any information or content that is not correct or current. You agree, represent, and warrant that you have the right to post your User Content, and the User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property, rights of publicity, and privacy rights.
  1. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  2. Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of DySi, except for the sharing of Company or User Content made specifically available for sharing through the Platform;
  3. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;
  4. Violate the intellectual property or other rights of DySi;
  5. Post anything that contains software viruses, worms, or any other harmful code;
  6. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology;
  7. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
  8. Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  9. Upload invalid data, viruses, worms, or other software agents through the Platform;
  10. Create a false identity, impersonate another person or otherwise misrepresenting who you are or your affiliation with a person or entity;
  11. Create a User profile for anyone other than yourself;
  12. Use or attempt to use another's account;
  13. Interfere with the proper working of the Platform;
  14. Use the Platform to generate spam, advertising, junk mail, chain letters or similar content or message;
  15. Bypass the measures we may use to prevent or restrict access to the Platform.
  16. Override any security feature of the Platform;
  17. Interfere with the operation of, or place an unreasonable load on, the Platform (such as, spam, denial of service attack, or viruses);
  18. Use or launch any automated system, including without limits, "robots," "spiders," "offline readers," etc., that accesses the Platform in a manner that sends more request messages to the DySi servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
  19. Collect or harvest any personally-identifiable information, including user or account names, from the Platform;
  20. Use any portion of the Platform as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
  21. Solicit contact information or other personal information from Users you don't know, without authorization;
  22. Rent, lease, loan, trade, sell/re-sell access to the Platform or related data;
  23. Sell, sponsor, or otherwise monetize the Platform;
  24. Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
  25. Monitor the Platform's availability, performance or functionality for any competitive purpose;
  26. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Platform;
  27. Overlaying or otherwise modifying the Platform or their appearance; or
  28. Use the Platform for tasks that it is not intended for.

Our Proprietary Rights

Except for your User Content and Organization Content, the Platform and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "DySi Materials"), and all intellectual property rights related thereto, are the exclusive property of DySi and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Platform. Use of the DySi Materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit feedback, comments, questions, and other information about the Platform, including without limitation about how to improve the Platform or our other products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DySi under any fiduciary or other obligation, that we are free to disclose your comments on a non-confidential basis to anyone or otherwise use them without any additional compensation to you. You acknowledge that, by acceptance of your submission, DySi does not waive any rights to use similar or related ideas previously known to DySi, or developed by its employees, or obtained from sources other than you.

Mobile Apps

To use the Mobile Apps you must have a mobile device that is compatible with the Mobile Apps. DySi does not warrant that the Mobile Apps will be compatible with your mobile device. DySi hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Apps for one DySi account on one mobile device owned or leased solely by you, for your personal use. You acknowledge that DySi may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this TOU will apply to all such upgrades.

If you use our Mobile Apps or interact with a website that has deployed a plugin, you agree that information about you and your use of the Platform, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing DySi plugins that load in your browser may be communicated to us.

Further, by importing any of your data through the Mobile Apps, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your DySi account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing DySi through your mobile access provider. Therefore, you should check with your provider to find out if the Platform is available and the terms for these Platforms for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Platform, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Mobile App provided at download or installation, or as may be updated from time to time.

The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Downloaded Software"): You acknowledge and agree that this TOU is solely between you and DySi, not Apple, and that Apple has no responsibility for the iTunes-Downloaded Software or content thereof. Your use of the iTunes-Downloaded Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Downloaded Software. In the event of any failure of the iTunes-Downloaded Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the iTunes-Downloaded Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Downloaded Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this TOU and any law applicable to DySi as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Downloaded Software or your possession and/or use of the iTunes-Downloaded Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Downloaded Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TOU and any law applicable to DySi as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Downloaded Software or your possession and use of that iTunes-Downloaded Software infringes that third party's intellectual property rights, DySi, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this TOU. You and DySi acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this TOU as relates to your license of the iTunes-Downloaded Software, and that, upon your acceptance of the terms and conditions of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU as relates to your license of the iTunes-Downloaded Software against you as a third-party beneficiary thereof.

Social Networking Sites (Sns):

As part of the functionality of the Platform, your Organization may allow you to link your User account with various online accounts you have with certain Social Network Sites to our Platform. As a User, you will then have the option to link your SNS to our Platform.  Once connected, the SNS will send us your user profile (including profile photo, handle name) and analytics information about the posts you share on their platform, such as how many people potentially see a post, the number of responses generated by your content, and information about the activity related to your post, including responses and identity of individuals who interact with such content.  This information may then be viewable by the Organization and us.  Your SNS profile photo and handle name may also be viewable by other Users in your Community.  We do not collect passwords to your SNS, as that information is confirmed by the SNS separate from our Platform.  Certain SNS permit sharing without linking to our platform.  In these cases, the information collected may be a subset of the above. By linking your SNS to our Platform, you are granting the Organization and us permission to access and collect the limited data described above.

Third-Party Websites, Advertisers And Services

The Platform may contain links to third-party websites or advertisers, as well as certain third-party servicesthat your Organization may integrate with the Platform such as your Organization's human resource or information management systems (collectively "Third-Party Services").  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. If you access a Third-Party Service from DySi, you do so at your own risk, and you understand that these Terms and DySi Privacy Policy do not apply to your use of such sites. Additionally, your dealings with or participation in promotions of advertisers found on DySi, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DySi will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or any Third-Party Service. We encourage you to be aware of when you leave the Platform, and to read the terms and conditions and privacy policy of any Third-Party Service that you visit.

Indemnity

You agree to defend, indemnify, and hold harmless DySi and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content you submit; or (vi) any other party's access and use of the Platform with your unique username, password or other appropriate security code.

No Warranty

THE PLATFORMIS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DYNAMIC SIGNAL AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANYCONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

DYNAMIC SIGNAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DYNAMIC SIGNAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DYNAMIC SIGNAL, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL DYNAMIC SIGNAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST THREE (3) MONTHS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYNAMIC SIGNAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DySi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

General

The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.

We may notify you via postings on our website, via email, or any other means to the contact address you provide to us. All notices given by you or required from you under these Terms will be in writing and addressed to:

Dynamic Signal, Inc.
Attn: Legal Department
1111 Bayhill Dr. Suite 125
San Bruno, CA 94066
legal@dynamicsignal.com

You may not assign or transfer any rights and licenses granted hereunder.

These Terms, and any other additional terms incorporated by reference herein or that expressly incorporate these Terms, constitute the entire agreement between you and DySi regarding the subject matter hereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and DySi's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Please contact us at legal@dynamicsignal.com with any questions regarding these Terms.

Effective 5/9/2018

Platform Privacy Policy

About this Policy

Dynamic Signal, Inc. ("DySi", "us", "our", or "we") is a technology company and provides cloud-based services (which include a website, mobile apps, and other technology and services) dedicated to employee communications and engagement.

This Privacy Policy is designed to assist you in understanding how we collect, use, and process personal data that we collect on behalf of our customers and their employees when they register to use our Dynamic Signal service platform.

We have separate policies for how we process personal data through our DySi Open app and website, and for sales and marketing activities, including our general website (www.dynamicsignal.com) and other websites that may be used from time to time.

Overview of the Platform

The Dynamic Signal service is a cloud-based Employee Communication and Engagement platform hosted and operated by DySi (the "Platform") that enables a company or other organization ("Organization") to communicate with you, other employees and/or individuals authorized (collectively, "Users") by the Organization to use the Platform.

How it works? An Organization (e.g. your employer) contractually engages DySi to establish a unique instance on our Platform. The Organization's Platform instance is accessible through a website and a mobile app where Users may view and comment on Organization-related content such as information about products, services, events and other content chosen and posted onto the Platform by the Organization ("Organization content"), and where Users may view such content and potentially share it with other Users or outside the Platform. The Organization can enable the Platform to connect your social media sites with your User account, but only with your express consent, which you may withdraw at any time.

The Organization (e.g. your employer) controls the Platform content and other information collected from you when your account is created. To that end, we have signed an agreement with your Organization that defines how this information should be used and, we only will use information it according to this agreement (the "customer agreement").

Your Organization also defines the scope of the community in its unique instance of our Platform (a "Community"), and some Organizations opt to include a larger Community beyond their own employees (for example, business partners or alumni).  You may request more information on what subgroups are a part of your Community from the Organization you are associated with.  Only those in your Community can view other User profiles and feeds on the Organization's instance of the Platform.

In addition to this Privacy Policy, the Organization making the Platform available to you (e.g. your employer) may provide you with an additional, more specific privacy notice and terms tailored to how our Platform is used by the Organization, their scope, as well as the Organization's internal policies and practices.  We urge you to review any such additional notices and to contact your Organization should you have any questions.

Information Collected

We collect different types of personal data from our Platform. Users and Organizations may provide personal data to us through the Platform in a number of different ways, from registration to communications, or when uploading content within and outside the Platform.

Account registration: Basic account information that you or your Organization provide to us when setting up a user account, consist of your name and corporate email address. Other information includes your language, subscription or notification preferences, privileges assigned in the platform, and your role or job title within your organization. Depending on how the Community is configured by the Organization, some of this information may be optional or not collected at all.

Other optional information: You may, optionally, choose to provide your mobile phone number (if you desire to enable SMS notifications) and add other information about yourself, such as a photo, to your profile.

Platform content: You can post, upload and share content through the Platform, comment on others' posts, and provide other information such as when you fill out a form, respond to a survey, or use the Platform to send emails or other communications. In addition, your Organization can create communications campaigns and share content with you through the Platform.  Your Organization may make your contact information available to other Users of your instance of the Platform, through a company phone directory, messaging, or other similar services.

Metrics, maintenance and analytics: When you access or use the Platform, we may collect certain information automatically about your device and your use of the Platform.  This will include IP addresses, browser types, log files, and other information regarding your system and connection. We collect information about how you access and use the Platform, such as what pages are viewed, when the profile was registered and what portions of the Platform are used. We also collect metrics related to comments, total posts that you viewed, sharedand submitted, and other activities you conduct through the Platform.This information is collected automatically through the use of various commonly used information-gathering technologies, including cookies and web beacons.  Some of these cookies and web beacons can be turned off through your website browser; however, on a mobile device, including ourmobile apps, you may not be able to turn them off.  For additional information see our Cookie section below.

Information collected from Social Networking Sites ("SNS"): Some Organizations using our Platform provide their Users with the option to link some of the Users' SNS (e.g. Facebook,Twitter, LinkedIn, etc.)  to our Platform. As a User, you will then have the option to link your SNS to our Platform.  Once connected, the SNS will send us your user profile (including profile photo, handle name) and analytics information about the posts you share on their platform, such as how many people potentially see a post, the number of responses generated by your content, and information about the activity related to your post, including responses and identity of individuals who interact with such content.  This information may then be viewable by the Organization.  Your SNS profile photo and handle name may also be viewable by other Users in your Community.  We do not collect passwords to your SNS, as that information is confirmed by the SNS separate from our Platform.  Certain SNS permit sharing without linking to our platform.  In these cases, the information collected may be a subset of the above.

Our Platform does not process sensitive data. DySi does not allow and does not knowingly solicit or collect, and you should not provide, any information regarding an individual's financial, medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive or special categories of data.

Use of Information

The Organization (e.g. your employer) controls the Platform content and other information we collect when providing you access to the Platform. Our agreement with your Organization defines how this information should be used and, we only will use it according to it.

In general, DySi is the processor and your Organization is the controller, which means that our use of your personal data is based upon your Organization's instructions or as defined in our customer agreement with the Organization. Some examples of these uses, as part of our legitimate interests in order to provide, operate and maintain the Platform on behalf of the Organization, include:

    • To manage the Platform, system administration, andaccount management.  The Platform's administrative tools allow DySi's employees involved in the support and maintenance of the Platform to view content in a network in order to troubleshoot specific issues, maintain and improve the Platform or perform other Platform-related functions, or as may be required by law.  We also use third party analytics services for our web and mobile applications.  We use these services for quality assurance, product interaction analysis, product improvement, and trouble-shooting.
    • To process and complete transactions, including billing to a designated contact at an Organization;
    • To handle Organization and Users' inquiries and support requests, and to provide information and access to resources or services that they have requested from us;
    • To compile aggregated data about the operation and use of the Platform and to better understand the preferences of Organizations and Users;
    • To Conduct Quality-Assurance, and to carry out research and development to improve our products and services;
    • To send Organizations and Users communications including technical alerts, reports, updates, security notifications and other service-related communications ΓÇô according to their notifications preferences;To our relevant business contacts at the Organization such as the Platform systems administrator or designated contact person (but not to general Users), we may also send marketing messages related to new product features, promotions or other information about our products or services, however you can opt-out of receiving these communications at any time.
    • Investigate and prevent fraud, unauthorized access or use of the Platform, breaches of terms and policies, and other wrongful behavior;
    • To enforce our agreements, and as required by applicable law.

 

When you download and use our mobile app to access the Platform, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number.

In addition, your Organization's specific privacy policy (if one exists) will determine how information collected through the Platform may be used.

Information We Share

We will only share and disclose your information according to the Organization's (e.g. your employer's) instructions or in furtherance of your request, for instance when you decide to share information within or outside the Platform.  Examples include:

    • With your Organization (e.g. your employer) and according to their instructions. We will share information collected with your Organization (e.g. your employer) or other entities, according to their instructions, and the customer agreement signed with us.  In most instances this will include information you choose to actively provide (such as a comment to a posted article) and certain general broad-based usage analytics, if requested by your Organization.  If you choose to link your SNS to our Platform your Organization will have access to your profile information and analytics related to your shares and posts.
    • With other Users within and outside the Platform: if you choose to submit comments, post or upload content, you will share this content with others within your Community. You can also decide to share this information outside the Platform with a wider audience, for instance when you share this information through your Social Networking Site (SNS) ΓÇô e.g. Facebook, Linkedin, Twitter, etc. When you choose to link your SNS to our Platform some information from your SNS (e.g. profile photo and handle name) will also be viewable by other Users within your Community.
    • Within the DySi group of companies, for the purposes outlined in this Policy.  For clarity, DySi is based in California, USA and has one wholly-owned subsidiary in the U.K, but may include other offices that may be established in the future.
    • To vendors and other third-party service providers whomay have access to your personal data to assist in the provision of the Platform service and other business-related functions such as cloud storage, mobile phone push data, email provisioning and usage analytics.
    • To law enforcement authorities, government agencies, or judicial courts.We may be required to disclose personal data that we handle in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, in connection with the sale, transfer, merger, bankruptcy, restructuring or other reorganization of our business; to protect or defend our rights, interests or property, or that of third parties; to investigate any wrongdoing in connection with the Website, our Platform or our services; in connection with a subpoena, warrant, discovery or other legal order; or  to protect the vital interests of an individual.
    • With your consent. We may share other information with third parties when we have your consent to do so.

Third Party Websites and Services

Our Platform may contain links to other websites and services that are outside our control and are not covered by this Policy.

There will be postings of articles and other information by your Organization or other Users on the Platform. We are not responsible for the content, security or privacy practices employed by other websites or services. If you access other websites or services using the links provided, or interact with your SNS the operators of these websites and services may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours. If you do not wish these third parties to process your personal data, please do not click on these links or access these services or contact your Organization.  We are not responsible for the content, security or privacy practices employed by other websites or services.

Our Security

We are committed to process your data in a secure manner, by putting in place specific technical and organizational measures to prevent the personal data we hold being accidentally or deliberately compromised. 

We conduct information risk assessments and we ensure that our staff understands the importance of protecting personal data. We include both physical security and IT security in our overall data security approach. We are diligent in selecting vendors that process personal data on our behalf so that they also ensure appropriate technical and organizational measures to protect the data. We also integrate privacy in the design of our projects that involve the use of personal data in order to secure the information and implement the aforementioned principles.

We will provide support to Organizations in their duty to notify Users and regulatory authorities, as required by law, when personal data has been stolen, disclosed, altered or infringed by an unauthorized person. If you have questions or concerns regarding this policy or if you are aware of a potential breach, please contact us.

Information about International Transfers

When using the platform your personal data may be stored and processed by us in the United States. To provide appropriate safeguards for personal data we receive from the European Economic Area (EEA) and Switzerland, we are certified under the Privacy Shield framework.

For personal data we receive from the EEA and Switzerland, DySi has self-certified with the U.S. Department of Commerce under the U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. As of the date above, we have submitted our application for self-certification with the Department of Commerce and are awaiting their approval.

DySi acknowledges its commitment to comply with the EU ΓÇô U.S. and Swiss ΓÇô U.S. Privacy Shield Principles ("Principles") for all Personal Data received from the EU or Switzerland in reliance on the Privacy Shield. DySi will collect, use, and disclose Personal Data received from the EU or Switzerland only in accordance with this Privacy Policy and the Principles, or as required by law. For Purposes of Privacy Shield compliance enforcement, DySi acknowledges thatit is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (FTC).  To learn more about the Privacy Shield program, and to view DySi's certification, once approved, please visit https://www.privacyshield.gov.

If you are one of our customers and the use of our Platform requires DySi to process personal data falling within the scope of the EU General Data Protection Regulation (GDPR), DySi's Data Processing Addendum is available for review here.

Your Choices

If you are located in the EEA or Switzerland you have certain privacy rights recognized under the General Data Protection Regulation (GDPR), for instance the right to request access to information, rectification, or erasure.

This section explains how DySi assists your Organization (e.g. your employer) in fulfilling your privacy rights established under the General Data Protection Regulation (GDPR). We onlycompletethe actions below when they are approved by your Organization.

Your Organization (e.g. your employer) controls the information collected when you interact with the Platform, and accordingly is the entity responsible for attending to your dataprivacy rights and defining the legal grounds for the processing. To that end your Organization willprovide you with its specific privacy policy defining what are your choices and how you can exercise your rights.Once your Organization approves your request, we will support in completing the following actions:

Right to access, and correct your personal data: You and your Organization (e.g. your employer) may access,or correct, information you have uploaded to the Platform by using the tools within the Platform. If you do not see the tools within the Platform, you should contact your Organization directly. Changes on the Platform take immediate effect on your specific network, but data will be retained by us in our backupsystems for a commercially reasonable amount of time, typically 90 days.

Account closure and right of erasure:If you would like to stop using the Platform, you should contact your Organization (e.g. your employer). Similarly, if you stop working for or with the Organization, the Organization may suspend your User account and/or delete any information associated with your User account according to its privacy policy.In addition, you can also request to your Organization:

  • Account closure and delete identifiable information: In general, account closure means that your name and other identifiable information (including your photo, if provided) will be deleted and not available to us,your Organization or other Users of the platform ΓÇô your name will be changed to an "anonymous user". Your comments and posts will not be deleted, but those will no longer be linked to you.
  • Deletion of content: Please note that content you create and share is owned by your Organization and may remain on the Platform and be accessible even if your Organization deactivates or terminates your account.  In this way, content you provide on the service is similar to other types of content (such as presentations or memos) that you may generate in the course of your work.  Note that we cannot manage or delete posts or comments that you or other Users shared or published outside the Platform, using Social Network Sites.

Information viewable by Users within the Platform will be deleted within 60 days upon receiving your request, in any case complete removal of data stored on our backup systems, will happen in a commercially reasonable period of time, typically 90 days.

Right of objection and restriction: you have the opportunity to elect whether you would like to receive certain correspondences from us or opt out of DySi's promotional emails. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, transactions, and communications related to the Platform, unless your account is deleted.

Other choices: The Platform offers different options that are initially determined by the Organization (e.g., your employer), for instance, your comments on the Platform may be first reviewed by your Organization before those are published on the Platform or the possibility to share content outside the Platform, using your Social Networking Sites (e.g. Facebook, YouTube, Twitter, Linkedin) may be active or not. Your Organization will facilitate you its privacy policy defining your different choices and rights.

Dispute resolution procedure

If you or your organization believes that we are not complying with our privacy policy, or have any issue or concern you can submit a complaint with us and we will respond to you within 45 days. To that end please contact us in writing and provide your identification and contact details, name or domain of your Organization and a complete explanation of your concern.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

In the event that you cannot fully resolve your complaint through the Department of Commerce, it is possible that you may use binding arbitration as a final resort.  For more information on how to invoke arbitration under the Privacy Shield Framework, please visit www.privacyshield.gov/article?id=ANNEX-I-introduction.

Data Retention

We will retain information collected according to the Organization's (e.g. your employer's) instructions, and as required by applicable law.

Upon termination of our contractual relationship with your Organization, we will delete all personal data stored in our servers and backups within 90 days.  If you stop working for or with the Organization, the Organization may suspend your User account and/or delete any information associated with your User account, in accordance with such Organization's own data retention policy.   See Account closure and right of erasure for more information.

Children

The Platform is not directed at children under the age of 18.  We do not knowingly solicit or collect personal data from children under the age of 18.

Cookies

The Platform uses technologies such as cookies in order to properly function and for analytical purposes. 

Cookies are small data files that are placed on your computer or mobile device when you visit a website or use online services.  Cookies are widely used by website owners in order to make their websites and services work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, DySi) are called "first party cookies".  Cookies set by parties other than the website owner are called "third party cookies".  Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics).  The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Platform to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies enable us to enhance the experience on our Platform.   Third parties serve cookies through our Platform for analytics, performance and functionality.  The specific types of first and third-party cookies and the purposes they perform are described in the table below:

Cookies:  DySi Platform Who Serves These Cookies How to Refuse
Essential cookies

These cookies are strictly necessary to provide you with services available through our Website and Service and to use some of their features, such as the ability to sign in and access to secure areas.

DySi Platform These cookies are strictly necessary to deliver the Website and Service so you cannot refuse them.
Performance and functionality cookies

These cookies are used to enhance the performance and functionality of our Service but are non-essential to their use (e.g. collecting performance and error data, enabling customer support for users, enabling localized times/dates).

 

Google Analytics
Amplitude
To refuse these cookies, please follow the instructions below this chart.

For more information please click on the relevant link of each provider:

Analytics cookies

These cookies collect information that is used either in aggregate form to help us understand how our Website and Service are being used or how effective our marketing campaigns are, or to help us improve user experience.

Google Analytics
Amplitude
To refuse these cookies, please follow the instructions below this chart.

For more information please click on the relevant link of each provider:

Social networking cookies
These cookies are used to enable you to share pages and content that you find interesting on our Website through third party social networking and other websites.The choices of which social networks to use are solely decided by our customers.  However, Facebook, Twitter, and LinkedIn are the most popular choices.
Facebook
Twitter
LinkedIn/Bizo Based on the options of a customer
To refuse these cookies, please follow the instructions below this chart.

For more information please click on the relevant link of each provider:

 

In addition, you can exercise advertising cookie choices by visiting any of:
http://www.aboutads.info/choices/
http://www.networkadvertising.org/choices/
http://youronlinechoices.com/

 

You have the right to decide whether to accept or reject cookies.  You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.You can set or amend your web browser controls to accept or refuse first-party and/or third-party cookies. If you choose to reject cookies, you may still use our Platform though your access to some functionality and areas of our site may be restricted.
The means by which you can refuse cookies through your web browser controls vary from browser-to-browser.  Therefore, you should visit your browser's help menu for more information. Here are the current relevant information pages for the main browsers:

We gather certain information automatically to analyze trends in the aggregate and administer the Platform.  This information may include your Internet Protocol (IP) address, device identification, your browser header (browser type, operating system and related information), and other items that correlates to your IP address, including but not limited to location, Internet service provider, and mobile carrier.  We use this information to record the pages and files you view and the actions you take on the Platform.  We also use this information to analyze overall usage trends and to improve the Platform.

Web Storage (aka local storage, DOM storage, Flash Cookies, website data) may be used on our website in a similar manner to cookies (for example, to enhance your experience by and storing your user preferences and settings). You can manage these settings via your browser's settings, similar to cookies.

Updates to this Policy

We may update this Privacy Policy from time to time. When we update thisPrivacy Policy, we will revise the "Effective Date" date above and post the new Privacy Policy online, make it available through the Platform, and communicate it to the Organization. The Organization will be responsible for notifying you, and may elect to do so through the Platform, or we will notify you if the Organization instructs us to do so. If you disagree with the changes you should cancel your account by contacting your Organization. See "Your Choices" for more information.

How to Contact Us

If you have any questions about this policy or concerns regarding the use or disclosure of your personal data through the Platform, you can contact us by sending an email to privacy@dynamicsignal.comor by contacting us at:

Dynamic Signal, Inc.
Attn: Privacy Office
1111 Bayhill Dr #125
San Bruno, CA 94066
U.S.A.

Please provide your identification and contact details, name or domain of your Organization and a complete explanation of your concern.

To communicate with our Data Protection Officer, please email privacy@dynamicsignal.com.