Last Updated: May 14, 2021

Watermark Holdings, LLC and its affiliates (“Watermark”, “we” or “our”) have prepared this Privacy Policy to describe our practices regarding personal information that may be collected from users of our websites, applications, and other related services (collectively, the “Services”).

 

OVERVIEW
The use of personal information collected through our Services shall be limited to the purposes described in this Privacy Policy. Our products and services, as well as our privacy policies, are regularly audited and inspected by both employees and external consultants to ensure that we meet privacy expectations and requirements. This Privacy Policy describes how Watermark collects and uses the personal information you provide. Personal data is information that relates to you and may identify you as an individual. We use your personal data in line with all applicable laws. Our Privacy Policy also describes the choices available to you regarding the use of your personal information, and your ability to access, update, and correct your personal information.

 

IMPORTANT NOTICE FOR USERS
This Privacy Policy does not govern the collection, use, or disclosure of personal information through the Service by the educational institution which has given you access to the Services, or which is providing a course evaluation or survey you are taking via the Services. PLEASE CONTACT YOUR EDUCATIONAL INSTITUTION TO BETTER UNDERSTAND ITS SPECIFIC PRIVACY PRACTICES. Remember that your use of the Watermark website and/or Watermark Services is at all times subject to the Terms of Service (the “Terms”).

 

CHILDREN AND SENSITIVE DATA
None of our services are intentionally directed at children under 16. We do not knowingly collect personal data from anyone under 16 years of age. If we determine upon collection that a Site Visitor, a User, or a Business Partner is under 16, we will not maintain his/her personal data. If we become aware that we have unknowingly collected personal data from a child under the age of 16, we will make reasonable efforts to delete such information from our records. Additionally, we do not collect or receive sensitive categories of personal data.

 

STORAGE AND TRANSFER
Our servers are located in the United States, Canada, Australia and Ireland. We have office
locations in the United States and India. Clients located in the EEA will have their data stored in Ireland. Watermark relies upon the Standard Contractual Clauses, in their current form, as the transfer mechanism for transfers of data from the EEA.

 

THE DATA YOU PROVIDE THROUGH OUR SERVICES
Watermark collects information under the direction of its client educational institutions and has no direct relationship with the individuals whose personal data it processes. Watermark works with its clients to help them provide notice to users concerning the purpose for which personal information is collected. Watermark may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our clients.

 

In order to gain access to our websites and take advantage of the Services, you will need to provide information as part of a registration process. The requested personal information may include, but is not limited to the following: first and last name, username, phone number, e-mail address, physical address, gender, race, date of birth, and which courses a user is enrolled in.

 

You may ask Watermark to correct, amend, or delete data, or withdraw consent for further contact, by directing a query to the educational institution that is Watermark’s client (the data controller). If you are an individual user who has questions or would like to make changes to your personal information, please contact the educational institution through which you use our Service.

 

Watermark will retain personal information we process on behalf of its client organizations for as long as needed to provide services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

THE DATA YOU PROVIDE ON OUR CORPORATE WEBSITES

 

We may collect the following personal information from you, including, but not limited to:
● Contact Information such as name, email address, physical address, phone number, job title and department
● Information about your institution such as institution name, number of enrollments, and current learning management system

 

USE OF COOKIES AND OTHER TECHNOLOGY

 

To make our Services more useful to you, our servers or authorized third parties may collect information from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), cookies, domain name, unique device identifiers, as well as information about how you use our website and/or Services and/or a date/time stamp for your visit to analyze trends in the aggregate and administer the site. We may use the information we get from Google Analytics to improve our website, our applications, and/or our Services. Please see the following links for more information about Google Analytics:

https://www.google.com/privacy_ads.html
https://www.google.com/privacy.html
https://www.google.com/analytics/tos.html

 

We do not tie the information gathered using third party analytics to your personally identifiable information. We may create anonymous data records from personal data by excluding information (such
as your name) which makes the data personally identifiable to you. We use this anonymous data to analyze requests and usage patterns so that we may enhance our products and services.

 

Watermark and our partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. In accepting this Privacy Policy, you consent to our placement and continued use of cookies on your device. To learn more about cookies, including how to delete cookies, please visit https://www.allaboutcookies.org/.

 

“COOKIES” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and integrated experience with our application. There are two types of cookies: session (exist during an online session) and persistent cookies (remain after you close the browser). We use session cookies to assist in verifying your identity as you move through our website. We use persistent cookies to collect aggregate and statistical information about user activity. If you would like to disable cookies you may be able to edit your browser to block cookies.

 

USE OF YOUR INFORMATION

 

We use the information we collect from our corporate websites. This collection may include, but is not limited to how we:
● Respond to your request for more information and demonstration scheduling
● Send you marketing communications
● Respond to your questions and concerns
● Providing and improving the Services
● To comply with our legal and regulatory obligations
● For our legitimate interests or those of a third party
● Where you have given consent

 

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

 

DISCLOSURE OF YOUR PERSONAL INFORMATION

 

We will share your personal information with third parties only in the ways that are described in our privacy policy. If we transfer personal information to a third party that is acting as our agent, we will require that the third party agree to confidentiality requirements. We do not sell personal information to third parties.

 

COVID-19 SCREENINGS AND HEALTH DATA

 

To help reduce the risk of COVID-19 infections and keep our communities safe, all employees, contingent workers, and visitors must complete a daily health survey which may include passing a thermal body temperature screening in order to gain access to Watermark premises. The thermal vision camera measures your body temperature on an anonymous basis and Watermark does not retain your body
temperature. If your body temperature is equal to or above 100 degrees Fahrenheit, you will be denied entry and/or asked to leave Watermark premises.

 

THIRD PARTY SERVICE PROVIDERS

 

We may share your personal information with third party service providers that we work with for the sole purpose of providing you with the Services that we offer. These third party services may include, but are not limited to:
● To host our website and application
● Provide email services on our behalf
● Providing customer service
● Sending marketing communications
● To deliver a better customer experience

 

EDUCATIONAL INSTITUTIONS

 

We may share your information with the educational institution which is linked to your use of the Services. For example, this would apply if your educational institution uses our Services as a course evaluation and survey platform and has given you access to the Services.

 

PROMOTIONAL COMMUNICATIONS

 

We may use your personal information to send you updates (by email, text message, telephone or post) about our products AND/OR services, including exclusive offers, promotions or new products AND/OR services. We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly. We will treat your personal information with the utmost respect and never sell OR share it with other organizations for marketing purposes. You have the right to opt out of receiving promotional communications at any time by visiting us at https://go.watermarkinsights.com/UnsubscribePage.html.

 

LEGAL DISCLOSURE

 

In certain situations, Watermark may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

 

We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

 

USER ACCESS AND CHOICE

 

Upon your request, Watermark will provide you with information about whether we hold any of your personal information. You may ask Watermark for access to your personal information, or to request a correction or deletion of your personal information by contacting us at privacy@watermarkinsights.com. We will respond to your request within a reasonable timeframe. In addition, if you are a resident of the EU, you can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.

 

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

 

If you wish to subscribe to our marketing emails, we will use your name and email address to send the newsletter to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page, or you can contact us at privacy@watermarkinsights.com. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

 

CALIFORNIA RESIDENTS

 

We do not “sell” your personal information.

 

You may have the following consumer privacy rights under applicable state laws, including California privacy laws:

 

Right to Know: you may have the right to request information about the personal information we have collected about you and for what purpose.
Right to Access: you may have the right to request information about how we process your personal information and to obtain a copy of that personal information.
Right to Portability: you may have the right to receive your personal information, in a structured, commonly used and machine-readable format and to have that information transmitted to another organization in certain circumstances.
Right to Deletion: you may have the right to request the deletion of your personal information that we have collected from you.
Right to be free from discrimination: Watermark will not discriminate against you for exercising your consumer privacy rights.

 

Submitting a Request

 

If you have any questions about the type of personal information we hold about you or if you wish to request deletion of personal information we may hold about you, or exercise any other consumer privacy right as set out above, contact us by:

 

a. Sending a written request to privacy@watermarkinsights.com, or
b. Writing to us at the postal address provided at the bottom of this Privacy Statement.

 

EUROPEAN TERRITORY VISITORS

 

In compliance with certain privacy laws, in particular the European General Data Protection Regulation (GDPR), Watermark provides specific additional rights for individuals who interact with Watermark such as the right to access, rectification, right to object, to complaint, erasure and blockage. More specifically and under certain circumstances:

 

the right to request information about whether and which personal data is processed by us, and the right to demand that personal data is rectified or amended.
● the right to request that personal data should be deleted.
● the right to demand that the processing of personal data should be restricted.
● withdraw your consent to the processing and use of your data completely or partially at any time
with future application.
● have the right to obtain your personal data in a common, structured and mechanically readable
format.
● contact our data protection officer if there are any questions, comments, complaints or requests
in connection with our statement on data protection and the processing of your personal data.
● the right to complain to the responsible supervisory authority if believed that the processing of your personal data is in violation of the legislation.

 

In addition to the above, we may reference certain rights for European Territory citizens throughout this Privacy Policy. Pursuant to the GDPR, citizens from “European Territories” mean the European Economic Area (EEA), the European Free Trade Area (EFTA) and Switzerland. For the purpose of this Privacy Policy, the term “European Territories” shall continue to include the United Kingdom, even after the United Kingdom leaves the European Economic Area following Brexit.

 

For data subjects located in the EU: Unless otherwise stated, Watermark is the data controller of your personal information. For the purposes of the General Data Protection Regulation, Watermark can be contacted at privacy@watermarkinsights.com.

 

SECURITY

 

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Our data is hosted in the United States with robust physical, technical, and procedural safeguards to protect your personal information, including the use of firewalls, standard SSL/TLS encryption, and backup servers. If you have any questions about the security of your personal information, you can contact us at privacy@watermarkinsights.com.

 

SUBMIT A REQUEST

 

If you have any questions about the type of personal information we hold about you or if you wish to exercise a lawful privacy right, you can email us at privacy@watermarkinsights.com or contact us by mail at:

 

Watermark Insights, LLC
71 West 23rd Street, 15th Floor New York, NY 10010
Attn: Vice President, Legal

 

For the avoidance of doubt, your request does not guarantee complete access or removal as the law may not permit or require such action under certain circumstances.

 

For more information, view Watermark’s Acceptable Use Policy.