Performant Software Solutions - Privacy Policy
Your privacy is critically important to us. At Performant Software, we have a few fundamental principles:
We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
We store personal information for only as long as we have a reason to keep it.
We aim to make it as simple as possible for you to control what information on your website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
We help protect you from overreaching government demands for your personal information.
We aim for full transparency on how we gather, use, and share your personal information.
Below is our Privacy Policy, which incorporates and clarifies these principles.
Information We Collect
We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better.
We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let's go over the information that we collect.
Information You Provide to Us
It's probably no surprise that we collect information that you provide to us directly. Here are some examples:
Basic account information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a Performantsoftware.com account to provide an email address and password, along with a username or name — and that's it. You may provide us with more information — like your address and other information you want to share — but we don't require that information to create a Performantsoftware.com account.
Public profile information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have a Performantsoftware.com account, your username is part of that public profile, along with any other information you put into your public profile, like a photo or an "About Me" description. Your public profile information is just that — public — so please keep that in mind when deciding what information you would like to include.
Payment and contact information: There are various ways in which you may provide us payment information and associated contact information. For example, if you buy something from us or earn revenue through your site, we'll collect information to process those payments and contact you. If you buy something from us , you'll provide additional personal and payment information like your name, credit card information, and contact information. We also keep a record of the purchases you've made. You may also provide us with financial details to set up a payments integration, like the email address for your Stripe or PayPal account or your bank account information.
Communications with us: You may also provide us with information when you respond to surveys, communicate with us about a support question, post a question in our public forums, or sign up for a newsletter. When you communicate with us, we store a copy of our communications (including any call recordings as permitted by applicable law).
Job applicant information: If you apply for a job with us — awesome! You may provide us with information like your name, contact information, resume or CV, professional or personal references, similar professional and employment-related data, and work authorization verification as part of the application process. We may also collect additional information about you during the process.
Information We Collect Automatically
We also collect some information automatically:
Log information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services — for example, when you make changes to the data you create with our software.
Transactional information: When you make a purchase through our Services, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
Usage information: We collect information about your usage of our Services. We use this information to, for example, provide our Services to you, get insights on how people use our Services so we can make our Services better, and understand and make predictions about user retention.
Location information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location when you use our services on a mobile device (like when you post a photograph with location information) if you allow us to do so through your mobile device operating system's permissions.
Stored information: We may access information stored on your mobile device via our mobile apps. We access this stored information through your device operating system's permissions. For example, if you give us permission to access the photographs on your mobile device's camera roll, our Services may access the photos stored on your device.
Information from cookies & other technologies: A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. Performant uses cookies to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness.
How and Why We Use Information
Purposes for Using Information
We use information about you for the purposes listed below:
To provide our Services. For example, to set up and maintain your account, host your website, backup and restore your website, provide customer service, process payments and orders, and verify user information.
To ensure quality, maintain safety, and improve our Services. For example, by providing automatic upgrades and new versions of our Services. Or, for example, by monitoring and analyzing how users interact with our Services so we can create new features that we think our users will enjoy and that will help them create and manage websites more efficiently or make our Services easier to use.
To market our Services and measure, gauge, and improve the effectiveness of our marketing. For example, by targeting our marketing messages to groups of our users (like those who have a particular plan with us or have been users for a certain length of time), advertising our Services, analyzing the results of our marketing campaigns (like how many people purchased a paid plan after receiving a marketing message), and understanding and forecasting user retention.
To protect our Services, our users, and the public. For example, by detecting security incidents; detecting and protecting against malicious, deceptive, fraudulent, or illegal activity; fighting spam; complying with our legal obligations; and protecting the rights and property of Performant and others, which may result in us, for example, declining a transaction or terminating Services.
To fix problems with our Services. For example, by monitoring, debugging, repairing, and preventing issues.
To customize the user experience. For example, to personalize your experience by serving you relevant notifications and advertisements for our Services, recommending content through our Reader post suggestions, and providing new essays and stories through Longreads for your reading pleasure.
To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of our products, or keep you up to date on Performant; texting you to verify your payment; or calling you to share offers and promotions that we think will be of interest to you. If you don't want to hear from us, you can opt out of marketing communications at any time. (If you opt out, we'll still send you important updates relating to your account.)
To recruit and hire new Performant staff. For example, by evaluating job applicants (including verifying their identity, experience, and other information submitted) and communicating with them by phone, email, or social media platforms. If the application progresses, we may also collect interview information and background check information. This may also include verifying information required to initiate employment, for purposes such as confirming ability to legally work in a specific location, setting up payroll, and complying with statutory reporting requirements.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfill our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account — for example, in order to enable access to our website on your device or charge you for a paid plan; or
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; and to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalize your experience; or
(5) You have given us your consent — for example before we place certain cookies on your device and access and analyze them later on.
Sharing Information
How We Share Information
We share information about you in limited circumstances, and with appropriate safeguards on your privacy. These are spelled out below:
Subsidiaries and independent contractors: We may disclose information about you to our subsidiaries and independent contractors who need the information to help us provide our Services or process the information on our behalf. We require our subsidiaries and independent contractors to follow this Privacy Policy for any personal information that we share with them.
Third-party vendors: We may share information about you with third-party vendors who need the information in order to provide their services to us, or to provide their services to you or your site. This includes vendors that help us provide our Services to you (like Stripe, payment providers that process your credit and debit card information, payment providers you use for your own ecommerce operations, fraud prevention services that allow us to analyze fraudulent payment transactions, cloud storage services, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, registrars, registries, data escrow services that allow us to provide domain registration services, and your hosting provider if your site is not hosted by Performant); those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns, and by placing ads to market our services); those that help us understand and enhance our Services (like analytics providers); those that make tools to help us run our operations (like programs that help us with task management, scheduling, word processing, email and other communications, and collaboration among our teams); other third-party tools that help us manage operations; and companies that make products available on our websites (like the extensions on Woo.com), who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
Legal and regulatory requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request.
To protect rights, property, and others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Performant, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
Business transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Performant goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
With your consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties when you authorize us to do so, like when you connected your site to a social media service through our Publicize feature.
Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services, or share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
Published support requests: If you send us a request for assistance (for example, via a support email or one of our other feedback mechanisms), we reserve the right to publish that request in order to clarify or respond to your request, or to help us support other users.
Information Shared Publicly
Information that you choose to make public is — you guessed it — disclosed publicly.
How Long We Keep Information
We generally discard information about you when it's no longer needed for the purposes for which we collect and use it — described in the section above on How and Why We Use Information — and we're not legally required to keep it.
If you are a job applicant, we will keep your personal data during the application process, and for a certain period thereafter. To determine that period, we take into account a number of factors, like our legal and regulatory obligations (such as equal opportunity obligations) and whether we may need to retain personal data for internal business purposes like analyzing our applicant pool.
Security
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks.
Choices
You have several choices available when it comes to information about you:
Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information.
Limit access to information on your mobile device: Your mobile device operating system should provide you with the option to discontinue our ability to collect stored information or location information via our mobile apps. If you choose to limit this, you may not be able to use certain features, like geotagging for photographs.
Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
Set your browser to reject cookies. You can set your browser to remove or reject browser cookies before using Performant's websites, with the drawback that certain features of Performant's websites may not function properly without the aid of cookies.
Your Rights
If you are located in certain parts of the world, including some US states and countries that fall under the scope of the European General Data Protection Regulation (aka the "GDPR"), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.
European General Data Protection Regulation (GDPR)
If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
Request access to your personal data;
Request correction or deletion of your personal data;
Object to our use and processing of your personal data;
Request that we limit our use and processing of your personal data; and
Request portability of your personal data.
You also have the right to make a complaint to a government supervisory authority.
US Privacy Laws
Laws in some US states, including California, Colorado, Connecticut, Utah, and Virginia, require us to provide residents with additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it. You'll find that information in this section (if you are a California resident, please note that this is the Notice at Collection we are required to provide you under California law).
In the last 12 months, we collected the following categories of personal information, depending on the Services used:
Identifiers (like your name, contact information, and device and online identifiers);
Commercial information (your billing information and purchase history, for example);
Characteristics protected by law (for example, you might provide your gender as part of a research survey for us or you may choose to voluntarily disclose your race or veteran status as part of your job application);
Internet or other electronic network activity information (such as your usage of our Services, like the actions you take as an administrator of a Performantsoftware.com site);
Geolocation data (such as your location based on your IP address);
Audio, electronic, visual or similar information (such as your profile picture, if you uploaded one);
Professional or employment-related information (for example, information you provide in a job application); and
Inferences we make (such as likelihood of retention or attrition).
If you are a job applicant, we may have also collected:
Right to Opt Out
We never directly sell your personal information in the conventional sense (i.e., for money).
We may share your information as necessary with our third-party service providers to provide our services to you. To the extent that we share your information with certain advertising, marketing, or analytics vendors, this can be considered a "sale" or "share" in certain U.S. States, which you may have the right to opt out of.
You can learn more about this sharing and how to opt out by clicking the "Do Not Sell My Personal Information" link in the footer of our websites, or from the settings page within our apps. Note that in some instances this link will only display to individuals visiting our sites from within the relevant states.
Our opt-out is managed through cookies, so if you delete cookies, your browser is set to delete cookies automatically after a certain length of time, or if you visit sites in a different browser, you'll need to make this selection again.
We also respect the GPC browser signal and will treat it as a valid means of communicating your desire to opt out.
We do not collect or process your sensitive (and potentially sensitive) personal information except where it is strictly necessary to provide you with our service, where the processing is not for the purpose of inferring characteristics about you, or for other purposes that do not require an option to limit under California law. We don't knowingly sell or share personal information of those under 16.
Contacting Us About These Rights
When you contact us about one of your rights under this section, we'll need to verify that you are the right person before we disclose or delete anything. For example, if you are a user, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.
Appeals Process for Rights Requests Denials
In some circumstances we may deny your request to exercise one of these rights. For example, if we cannot verify that you are the account owner we may deny your request to access the personal information associated with your account. As another example, if we are legally required to maintain a copy of your personal information we may deny your request to delete your personal information.
In the event that we deny your request, we will communicate this fact to you in writing. You may appeal our decision by responding in writing to our denial email and stating that you would like to appeal. All appeals will be reviewed by an internal expert who was not involved in your original request. In the event that your appeal is also denied this information will be communicated to you in writing. Please note that the appeal process does not apply to job applicants.
If your appeal is denied, in some US states (Colorado, Connecticut, and Virginia) you may refer the denied appeal to the state attorney general if you believe the denial is in conflict with your legal rights. The process for how to do this will be communicated to you in writing at the same time we send you our decision about your appeal.
Controllers and Responsible Companies
Performant's Services are worldwide.
Privacy Policy Credits
This text is based on the privacy policy of AutoMattic, makers of WordPress and other open source products. We thank them for providing it under a Creative Commons license for others to use. You can find the original policy here.
