Effective June 26, 2014
“Personal Information” is any information that SumTotal holds about an end user that makes it clear the identity of the end user, or otherwise allows the identity of the end user to be reasonably determined.
“Specified message” is any message which is designed to (a) advertise, promote, or offer to supply goods or services, land or an interest in land, or a business or investment opportunity, (b) advertise or promote a supplier of the items listed in part a, or (c) obtain or provide information.
Why SumTotal may collect Personal Information
If the Singaporean customer/user provides consent, SumTotal may collect Personal Information (as defined above) from its customers and end users, for purposes that are consistent with the reason such information was provided to SumTotal, and to the extent that it is reasonably necessary for such business purposes. SumTotal may also use Personal Information when permitted or required to by law.
If the Singaporean individual withdraws consent to the collection, use, or disclosure of personal data about the individual, SumTotal will cease collecting, using, or disclosing the personal data.
What kinds of Personal Information does SumTotal collect?
In general, you can visit the SumTotal Systems Site without telling us who you are or revealing any personal information about yourself. The more information you volunteer (and the more accurate it is), the better we are able to customize your experience. We ask for information from you in several ways from different parts of the SumTotal Systems Site and also as part of providing our products and services.
We ask for Personal Information when you download content from the SumTotal Systems Site, purchase our products or services, or register for a conference or event. For example, such information might include your name, address, telephone number, email address, and other information related to you or your business. For individuals with access to the customer portal website, there is a requirement for individual’s to register and receive a logon name to be able to access and use certain features of the SumTotal Systems Site. We also request certain other optional information that will enable us to provide you with a more personalized experience when using the SumTotal Systems Site. We will let you know what information is optional, and you can decide whether or not you want to provide that information or to receive newsletters or third party correspondence.
We ask for Personal Information from you during the course of discussing or providing our products and services. If you choose to receive SumTotal’s software via our SaaS or Hosted Subscription Service, or if you choose SumTotal to host its software on your behalf, you may choose to store Personal Information into the software or service that resides on our servers. Note: SumTotal does not control the collection or storage of Personal Information during this process, but rather provide you the means to store or remove such information on the system as part of these services.
If you receive our Performance Management service, SumTotal may collect information relating to certain employees as necessary to perform the service for you. Such information might include, without limitation, employee and supervisor names, email addresses, performance ratings, salary and pay information, and other employee demographic information to verify employee identity and authenticity to enable the employee to access the system, generate reports, or provide the requested Performance Management services.
In the course of using our site, we automatically track certain information about you. This information includes what type of browser you are using, as well as the URL that you just came from and the next URL you go to, regardless of whether these URLs are on our Web site or not. It also includes your IP address. SumTotal Systems uses this information to, among other things, identify broad demographic trends that may be used to provide information tailored to your interests.
We ask for Personal Information when you enter a contest, sweepstakes or other promotion sponsored by SumTotal Systems or its partners.
We also monitor customer traffic patterns and site usage to help us refine and improve the design and layout of our SumTotal Systems Site and the user experience.
If you send us personal correspondence, such as e-mails or letters, we may keep a record of that correspondence. We also periodically ask users for feedback that we use to improve our service and products and add new features. If you respond to these requests, we may keep a record of your response.
We also collect IP addresses for system administration.
How SumTotal collects and holds Personal Information:
We collect Personal Information to give you a customized experience and to help SumTotal Systems understand its customers and prospective customers better. SumTotal may collect Personal Information via online landing pages, direct data entry into our CRM system (Salesforce.com), or at face-to-face events (either manually, through a badge scan, or via a list provided by the event host). Data is held in our Marketing automation system (Marketo) and in Salesforce.com. SumTotal Systems does not currently sell, trade, or rent your personal information to others.
We use the Personal Information as necessary to provide you with our services. We do not access or use the Personal Information you store on our servers through our hosting or SaaS services, except to provide such services, to provide support in connection with such services, to test, troubleshoot and improve our products and services, or as otherwise authorized or requested by you.
We may use your Personal Information to conduct surveys and research to improve our products and services.
We may use the information we collect to notify you from time to time about important functionality changes to the Web site, new SumTotal Systems services and products, and special offers we think you may find valuable.
We will deliver targeted advertisements to our customers using the Personal Information you give us and that we collect. Third parties provide us with advertisements and identify an audience they want to reach. We display these advertisements on our Web site to people who fit the criteria. We do not allow advertisers to have access to individual account information. These advertisements are usually banner ads and promotional e-mails.
We also research our users' demographics, interests, and behavior based on the information you give us and the information we collect.
We compile and analyze Personal Information on an aggregate or anonymous basis to model industry trends, do market analysis, and to publish industry research papers identifying trends in the marketplace. Such industry research papers contain aggregate and anonymous data only, and do not contain any Personal Information that can be used to identify you.
We use the IP addresses we collect to report aggregate or anonymous information to our advertisers.
Depending on the situation, it may be possible to deal with SumTotal anonymously or through the use of a pseudonym. SumTotal may not be able to comply with such a request if impracticable, or if compelled by a Singaporean law or court/tribunal order, to deal with individuals who have identified themselves.
Who collects the Personal Information?
When you supply Personal Information to SumTotal Systems or on a SumTotal Systems Site, you share that information only with SumTotal Systems unless you are specifically informed otherwise. If a company other than SumTotal Systems is gathering or maintaining your Personal Information from the SumTotal Systems Site, you will be told before it is collected or transferred. You can always choose not to share the information.
When companies other than SumTotal Systems sponsor promotions, data collected on the SumTotal Systems Site in connection with these promotions may be shared with the sponsor. Once again, if this is the case, you will be notified before the data is collected or transferred, and you can decide not to participate.
Who may SumTotal share Personal Information with?
Other than as stated in this Policy, SumTotal Systems does not disclose any of your Personal Information to third parties without your permission. Read the following sections to learn more.
Business partners, subcontractors and sponsors
SumTotal Systems may disclose your Personal Information to business partners, subcontractors or sponsors as SumTotal deems necessary and reasonable to provide products and services to you. Many promotions give you the chance to request additional information from the sponsors. When you ask for more information, you give SumTotal Systems permission to send your Personal Information to the sponsor so they can fulfill your request. If you do not want any personal information to be shared with our business partners or sponsors, you may opt out by sending an email to email@example.com or visiting our unsubscribe page at http://tb.sumtotalsystems.com/unsubscribe.html.
SumTotal’s marketing team may share Personal Information outside of the SumTotal organization in the following circumstances:
- When SumTotal does a list purchase, and in order to suppress any names we already have access to. In this case, only email address will be provided to the third party vendor. In this case, the individual’s information is protected from disclosure by a Non-disclosure Agreement between SumTotal and the third party.
- When SumTotal adds additional information to existing data, or during data cleansing. In this case, the individual’s information may be provided to a third party vendor. In this case, the individual’s information is protected from disclosure by a Non-disclosure Agreement between SumTotal and the third party.
- When SumTotal has a third party sending emails on its behalf, SumTotal may share an opt-out list of email addresses to the third party sending emails, in order to comply with applicable laws. In this case, the individual’s information is protected from disclosure by a Non-disclosure Agreement between SumTotal and the third party.
- SumTotal International Locations
SumTotal Systems maintains offices in many areas around the world. To better serve you, SumTotal may transfer certain Personal Information to countries outside of Singapore, in the performance of necessary business functions. SumTotal will only do so in compliance with all applicable Singaporean data protection and privacy laws. The countries outside of Singapore where Personal Information is most likely to be transmitted to are Australia, the United States, United Kingdom, France, and India. If SumTotal transfers your personal data overseas, SumTotal will protect the personal data with the same standard of protection as that required under Singapore law.
- Third-party data and aggregate data
SumTotal Systems discloses aggregated or anonymous statistics (for example, the percentage of users from western Singapore) to prospective partners and advertisers and for other lawful purposes.
- Other situations
SumTotal Systems also may disclose your information where disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property rights, the users' rights, or others’ rights. In the same way, SumTotal Systems will disclose information when we reasonably believe disclosure is required by law or to comply with a legal process served on SumTotal Systems. We may also disclose your personal information in the good faith belief that we must act under exigent circumstances to protect the personal safety of users of the SumTotal Systems Site, or the public.
How an individual may access Personal Information that SumTotal holds.
An individual for whom SumTotal holds Personal Information may request from SumTotal the information that applies to such individual and information about the ways in which the personal data has been used or disclosed by SumTotal within the year prior to the date of the request. If SumTotal gathered the individual’s Personal Information for marketing purposes, SumTotal asks for all requests to be directed to the following email address: firstname.lastname@example.org. Upon such request, and subject to the applicable Singaporean privacy laws, SumTotal will provide an individual with access to the applicable Personal Information. SumTotal will respond to such requests within a reasonable time frame. Note that depending on the extent of the request, SumTotal may recover from the individual the reasonable costs incurred in providing the Personal Information to the individual in the format requested.
If SumTotal is storing the Personal Information of an individual through the use of its software service, then SumTotal asks that the individual request the Personal Information from the entity that purchased access to the Software Service from SumTotal (“Contracting Entity”), as this party has unfettered access to the Personal Information, while SumTotal may not. SumTotal will work in good faith with any individual that requests its Personal Information from SumTotal.
There are certain circumstances when SumTotal may not provide such information, as detailed in the list below:
- The request for access is frivolous or vexatious
- SumTotal reasonably believes that giving access would pose as serious threat to the life, health or safety of any individual, or to public health or public safety
- Giving access would have a unreasonable impact on the privacy of other individuals
- The information relates to existing or anticipated legal proceedings between SumTotal and the individual, and would not be accessible by the process of discovery in those proceedings
- Giving access would reveal the intentions of SumTotal in relation to negotiations with the individual in such a way as to prejudice those negotiations
- Giving access would be unlawful
- Denying access is required or authorized by or under a Singaporean law or a court/tribunal order
- Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body,
- Giving access would reveal evaluative information generated within SumTotal and or a Contracting Entity in connection with a commercially sensitive decision-making process
- Or, if both of the following apply:
- SumTotal has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the SumTotal’s functions or activities has been, is being or may be engaged in
- Giving access would be likely to prejudice the taking of appropriate action in relation to the matter
Note that individuals may also have other rights to access their Personal Information contained in SumTotal’s records.
Correction of Personal Information
In the event that SumTotal holds Personal Information about an individual and either SumTotal is satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading or if the individual requests the entity to correct the information, SumTotal will take any reasonable steps, considering the circumstances, to ensure that, having regard to the purpose for which it is held, the Personal information is accurate, up to date, complete, relevant, and not misleading.
If an individual would like SumTotal’s Marketing team to update/correct their Personal Information, then the individual may contact SumTotal at email@example.com. SumTotal will make commercially reasonable efforts to make all corrections/unsubscribes within 1 business day and will respond directly to the individual (if contacted via email) to confirm the requested changes have been made.
If SumTotal is storing the Personal Information of an individual through the use of its software service, then SumTotal asks that the individual request the Personal Information be corrected by the Contracting Entity, as this party has unfettered access to the Personal Information, while SumTotal may not. SumTotal will work in good faith with any individual that requests to correct its Personal Information from SumTotal.
In the event that SumTotal corrects Personal Information about an individual that SumTotal previously disclosed to another entity, and the affected individual requests that SumTotal notify the other entity of the correction, then SumTotal will take such steps as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
SumTotal is committed to protecting all Personal Information it holds from unauthorized use, loss, disclosure, or alteration. SumTotal does so by limiting access to Personal Information to such individuals within SumTotal that have a business need consistent with the reason that the Personal Information is provided. SumTotal will only keep Personal Information for as long as it is required for the business purposes, or by law.
We have security measures in place to protect your Personal Information, including the use of industry-standard encryption technology and internal policies and restrictions regarding the storage of and access to your Personal Information.
Your SumTotal Systems account information and profile are password-protected so that you are the only one who has access to your Personal Information. You can edit your account information and profile by using your logon name and password. We recommend that you follow these guidelines to protect yourself:
Do not tell anyone your password. If your password has been compromised for any reason, you should immediately change your password.
Do not respond to unsolicited e-mail by giving your password, even if the e-mail claims to be from us. SumTotal Systems will never ask you for your password in this way.
When you are done using the SumTotal Systems site, sign out of your account and close your browser window.
No data transmission over the Internet can be guaranteed to be 100% secure. Although we are committed to protecting your personal information, SumTotal Systems cannot ensure or warrant the security of any information you send to us or from our online services. Providing Personal Information to SumTotal Systems is done at your own risk.
- What are cookies and how does SumTotal Systems use them?
Locate your name and account information when you log in to our Web site so that you can access your account information. When you log in, the cookie is set, and when you sign-out, the cookie is modified.
Estimate the size of our audience. Each browser that accesses SumTotal Systems is given a unique cookie, which is used to calculate how many people return to our Web site, compare the number of registered and unregistered visitors to our site, and use customer interests and behavior to target our advertisements.
Help SumTotal Systems partners track visits and complete business transactions. This information is sometimes called "clickstream" or "click trail".
Measure the traffic to various areas of the SumTotal Systems Site. We measure the areas of the network of Web sites you visit and your visiting patterns in the aggregate. This research helps us understand the ways in which our customers are alike and the ways in which they differ. We may use this information to personalize the information and design in our Web site.
You can make decisions about cookies. You can modify your browser preferences to accept all cookies, be notified when a cookie is set, or to reject all cookies. If you decide to reject all cookies, you might not be able to access certain areas of the SumTotal website or participate in SumTotal Systems services that require registration to participate.
- What about the privacy of children?
SumTotal Systems is a general audience Web site and does not request the age of its customers. SumTotal Systems does not knowingly collect any personal information from children.
Direct Marketing Information
SumTotal may use Personal Information collected from individuals to identify various SumTotal products and services which SumTotal believes the individual may want. SumTotal may then choose to contact the individual to inform them of the products or services. All SumTotal landing pages clearly state “I understand that by submitting this form SumTotal may contact me by email and phone.” As mention in Section 5(a) above, if you do not want any personal information to be shared with our business partners or sponsors, you may opt out by sending an email to firstname.lastname@example.org or by visiting our unsubscribe page at http://tb.sumtotalsystems.com/unsubscribe.html.
Note that SumTotal requires (and saves) written statements from any third parties (including list purchases, trade shows, etc.) that outlines the specific permissions of the data SumTotal acquires (i.e. names have opted in to receive communications from partners/sponsors, names are for 1-time use only, etc.) SumTotal has processes in place to handle “Do not email” or “single use only” data in its marketing automation system.
SumTotal’s Phone and Messaging Policy
Before sending an unsolicited telemarketing message to a Singapore telephone number, SumTotal will check with the Do Not Call (DNC) Registers provided by the Personal Data Protection Commission to ensure that the number is not listed on a DNC register. However, SumTotal may contact a number on a DNC registry (a) in order to provide the user of the number with updates on their account or ongoing relationship with SumTotal, (b) deliver goods or services for a transaction that the message recipient has entered into, (c) facilitating, completing, or confirming recipient’s previous transaction, or (d) if the user or subscriber of the number has provided consent to receive calls, text messages, or faxes.
Before sending a specified message to a Singapore phone number, SumTotal will include information identifying the sender and how the sender can be reached. For voice calls, SumTotal will not conceal or withhold the sender’s calling line identity from the recipient.
How to contact SumTotal