Where We Operate and Applicable Law
ACN is an international enterprise comprised of multiple affiliated entities with offices in numerous jurisdictions. The laws of the jurisdictions where we operate may have specific application to the personal information that we receive regarding you if you reside in those areas. The following link will provide you with the contact and location details applicable to the jurisdictions wherein we have established a physical presence: http://www.acni.net/locations.html .
Personal Information Defined
Collection of Personal Information through Our Websites
By accessing and communicating with us through our websites, you consent to our collection and use of your personal information as described in the table and information below. If you do NOT agree with our collection and use of your personal information as described below, please do not visit our website or communicate with us through our website, in each instance as applicable.
The Information that We Collect and How We Use and Share the Information
The information that we collect regarding you and the purposes for which we use and share the information depend substantially on the nature of the relationship that we have with you and how you interact with us. The following table provides details regarding our collection, use and sharing of personal information:
The Information We Collect about You
Our Use of the Information
Our Sharing of the Information
Passive User of Our Website
We may use analytics services, we collect information regarding your visit(s) to our website, such as browser type and version, operating system and network, location and time zone setting, browsing preferences, and duration of visit to particular pages of our website. The information is aggregated and not tied to a particular user. In some instances, such as when you download our product related software, we may also receive cookie and device information such as IP address or device identifier that may enable us to identify a particular system or user.
We use analytics data to assist persons in accessing our website, to collect information that will help us to improve the quality of our visitors’ browsing experience, for our own analysis of how visitors use our website, and to improve the functionality and user-friendliness of our website.
We share this information only with our staff and vendors who assist us with analytics evaluation of our website. More details regarding our use of Google Analytics is provided below.
Active User of Our Website
In addition to the above analytics information, we collect information about you when you communicate with us using any one or more of a number of forms on our website including “Contact Us” and other comparable form, or you may transmit an email to us when invited to do so at various locations on our website. Should you so communicate with us, we may, for example, keep a record of your name, entity that you represent, country, phone, fax, email, job title, nature of business, product interests and preferences, industry, event and subscription registration, downloads, username/passwords, and any other information you voluntarily provide to us.
We use this information for login authentication and to enable customers and prospective customers and other parties interested in our products and services to communicate with us so that we can respond with requested information and/or assistance as determined appropriate, and to send you marketing messages, customer newsletters, and invitations to relevant events.
This information is shared amongst our staff who need the information to provide responses to inquiries and to facilitate the provision of our products and services as necessary, and may be provided to or secured from vendors that will process your personal information on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, shipping vendors, financial institutions, customer relationship management databases and other cloud-based solutions, third party companies providing us with business analytics and statistics to assist with our marketing campaigns, and third party venues in which we may host events and seminars (we endeavor to ensure when we contract with such vendors that they only process your personal information under our instructions and maintain the security and confidentiality of your personal information by implementing appropriate technical and organizational measures for such processing).
Customer or representative of Our Customer or Prospective Customer
We collect or receive, principally from you, (a) identification information, such as name, gender, title, job title, or address, (b) contact information, including your phone number(s), your email address and social media account or handle where appropriate, and information regarding the company for which you are serving as a representative, if applicable, (c) financial information, such as payment source information and invoicing details, (d) information regarding the products or services that you purchase from us or about which you inquire, and (e) information regarding our relationship with you and the performance of any contract that we may have with you.
We use this information to communicate with our customers and prospective customers as necessary to respond to inquiries regarding and otherwise provide our products and services, conduct our business, perform our contracts, ship our products, maintain our relationship with you, and send you marketing messages, customer newsletters, and invitations to relevant events.
Representative of Our Vendor or Supplier or Prospective Vendor or Supplier
We collect or receive, principally from you, (a) identification information, such as name, gender, title, job title, or address, (b) contact information, including your phone number(s), your email address and social media account or handle where appropriate, and information regarding the company for which you are serving as a representative, if applicable, (c) financial information, such as payment source or destination information, (d) information regarding the products or services that we may purchase from you or about which we inquire, and (e) information regarding our relationship with you and the performance of any contract that we may have with you.
We use this information to communicate with our vendors and suppliers as well as our prospective vendors and suppliers as necessary to present and respond to inquiries regarding and otherwise secure and receive your products and services, conduct our business, perform our contracts, and maintain our relationship with you.
This information is shared amongst our staff who need the information to make inquiries and to facilitate the securing of your products and services as necessary, and may be provided to vendors that will process your personal information on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, shipping vendors, financial institutions, vendor relationship management databases and other cloud-based solutions (we endeavor to ensure when we contract with such vendors that they only process your personal information under our instructions and maintain the security and confidentiality of your personal information by implementing appropriate technical and organizational measures for such processing).
Individual Vendor or Supplier
We collect or receive, principally from you, (a) identification information, such as name, gender, title, job title, or address, (b) contact information, including your phone number(s), your email address and social media account or handle where appropriate, and information regarding the company for which you are serving as a representative, if applicable, (c) financial information, such as payment source or destination information, and (d) tax ID information.
We use this information to communicate with our vendors and suppliers and prospective vendors and suppliers as necessary to present and respond to inquiries regarding and otherwise secure and receive your products and services, conduct our business, perform our contracts, and maintain our relationship with you, and to fulfill legal obligations imposed on us.
When you apply for a position with us, you may provide us with your full name, email, education and qualification details, skills, compensation expectations, any disabilities that require accommodation, your entitlement to work in the country wherein you seek to be employed, resume, CV, home address, home telephone number, mobile telephone number, reference information, and other details set out in your application. Recruiters, references, former employers, and background screening agencies may also provide us with comparable information or confirmation of such information about you. Background screening agencies may provide us with information regarding your criminal history or other significant background information, as applicable. We may be required under applicable law to obtain information that you voluntarily provide regarding your race/ethnicity and gender.
We use this information to comply with employment law requirements, to conduct background checks, and otherwise to assess the qualifications of candidates for employment with our company.
This information is shared with (a) our HR Department, (b) government agencies that may require the information, (c) internal staff who are assessing the candidate for purposes of employment with our company, (d) recruiting and background screening agencies with whom we contract to assess candidate qualifications and background, (e) former employers and references as necessary to confirm information about you, and (f) possibly with other vendors that will process your personal information on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers and certain cloud-based solutions (we endeavor to ensure when we contract with such vendors that they only process your personal information under our instructions and maintain the security and confidentiality of your personal information by implementing appropriate technical and organizational measures for such processing).
We collect or receive, principally from you, but also on occasion from your supervisor and your colleagues, as applicable, in addition to the job applicant information noted above, passport details or other immigration related information, social security number, driver’s license information, bank account details, marital status, photograph, emergency contact information, benefit plan enrollment information, dependent information, employment tax related information, payroll related information, employment program participation information, records of time taken for various leaves, training records, performance appraisals, disciplinary and grievance records, information regarding your use of our computer network and phone and timekeeping systems, and information regarding your job performance and your activities as an employee.
We use this information to comply with employment law and occupational safety requirements, to engage with you as an employee of the company, to process your payroll and payroll related taxes, to enable you to enroll in employee benefit plans sponsored by the company, to respond to inquiries from your lenders, and to manage your performance as an employee.
The data is transmitted as necessary to (a) appropriate government agencies that require reports of such information, (b) our payroll processing vendor to enable processing of payroll and payroll taxes, (c) our benefits vendors to enable them to process benefits for you, (d) recruiting and background screening agencies with whom we contract to assess candidate qualifications and background, (e) companies requesting such information as a consequence of your applying for loans, (f) former employers and references as necessary to confirm information about you, and (g) possibly with other vendors that will process your personal information on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers and certain cloud-based solutions (we endeavor to ensure when we contract with such vendors that they only process your personal information under our instructions and maintain the security and confidentiality of your personal information by implementing appropriate technical and organizational measures for such processing).
Individual Shareholder (or Representative thereof) or Director
We collect or receive, principally from you, (a) identification information, such as name, gender, title, job title, or address, (b) contact information, including your phone number(s), your address, your email address, (c) information regarding businesses with which you may be affiliated, (d) financial information, such as payment source or destination information, (e) information regarding your voting and other actions taken in connection with your role(s), and possibly, (f) tax ID information.
We use this information to communicate with our shareholders and directors as necessary to provide information and respond to inquiries regarding meetings and actions, stock transactions, the state of the company and its operations, maintain our relationship with you, and to fulfill legal obligations imposed on us.
This information is shared amongst our staff who need the information to communicate with you and share information with you, as necessary, and may be provided to vendors that will process your personal information on our behalf and under our written instructions to carry out their services during the course of our business, such as law firms, auditors, IT service providers, financial institutions, vendor relationship management databases and other cloud-based solutions (we endeavor to ensure when we contract with such vendors that they only process your personal information under our instructions and maintain the security and confidentiality of your personal information by implementing appropriate technical and organizational measures for such processing).
We may consolidate the information as detailed above with information that we receive or obtain from other sources, such as from our staff or personnel, customers, professional advisers, partners, and agents of ACN, third parties with whom we interact, regulators and authorities, and publicly available sources.
Under GDPR, “sensitive personal information” includes data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation. We do not actively seek sensitive personal information; however, we may collect (a) racial or ethnic origin information that you as an employee voluntarily provide to us in order for us to comply with applicable employment laws; (b) fingerprint data as a means for employees to use the company’s timekeeping system and potentially, in the future, for employees to access our offices or centers within our offices; and (c) health information in connection with the securing and provision of health and related benefits programs for our employees.
In addition to the specific uses noted above, we also note that we may use information that we receive in all categories, as necessary (a) for our legitimate interests to prevent illegal activities, including fraud, and to keep our website and IT systems and processes safe, (b) to debug and audit our systems and data, (c) to comply with legal or regulatory inquiries/requests, (d) for quality assurance purposes, and (e) to comply with corporate governance requirements.
In this regard, we note that we may be required to share information that we receive in the following situations generally:
with law enforcement, regulatory, or government agencies requesting personal information in connection with any inquiry, subpoena, court order, or other legal or regulatory procedures, with which we would need to comply;
to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others;
to defend against legal claims;
The Systems We Use to Collect and Process the Information
We collect information directly from you, as detailed above, and we also gather information about you as we conduct our business such as through our websites and other systems, including, for example, our:
instant messaging systems
mobile and office phone systems, including voicemail and related software and also the records relating to such use
intranet and Internet systems
other relevant systems and other hardware and software owned, used or provided by or on behalf of us.
We are not responsible for the data policies or procedures or content of any linked websites. We recommend that you check the privacy and security policies of each website you visit.
We Offer Marketing Choices
We may send you direct marketing messages including by way of email alerts and postal services provided that we have a lawful ground to do so. If you no longer wish to receive our email alerts, to be part of a mailing list, or to receive any marketing communications, you can opt-out of such communications at any time by clicking on the unsubscribe link in the relevant communication or contacting us at email@example.com.
Special Rights Regarding Personal Information
1. Residents of the EU
If you are in the European Economic Area (the “EEA”), you have the following rights under the GDPR:
Access - to request a copy of the personal information that we are processing about you;
Rectification - to require the correction of any mistake in the personal information, whether incomplete or inaccurate, that we have regarding you;
Erasure - to require the erasure of personal information concerning you in certain situations, such as where we no longer need it or if you withdraw your consent (where applicable);
Portability - to receive the personal information concerning you that you have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit that data to a third party in certain situations;
Objection - to (i) object at any time to the processing of your personal information for direct marketing purposes and (ii) object to our processing of your personal information where the legal ground of such processing is necessary for legitimate interests pursued by us or by a third party, in which case we will comply with your request unless we can demonstrate compelling legitimate grounds for the processing;
Restriction - to request that we restrict our processing of your personal information in certain circumstances, such as when you contest the accuracy of that personal information, we no longer need the information. or if our processing is unlawful;
Withdrawal of consent – to withdraw your consent to our processing of your information if we have relied on your consent (or explicit consent) as our legal basis for processing your personal information (“Explicit consent” being required if we have relied on consent as the condition to lawfully process “special categories of personal data,” as defined in the GDPR);
Notification of data breach – to receive notice in certain instances of data breaches that involve your personal information; and
Complain - to lodge a complaint with the local data protection authority, such as the Information Commissioner's Office (“ICO”) in the UK, if you believe that we have not complied with applicable data protection laws, including the GDPR (please follow this link for a list of local data protection authorities in the EEA countries: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080 ).
Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the personal information or where data may be exempt from disclosure due to reasons of legal professional privilege or professional secrecy obligations.
If you are in the EEA and would like to exercise any of those rights, please:
Email our Data Protection Officer at firstname.lastname@example.org ;
Provide enough information to identify yourself (e.g., name, email address, etc.);
Provide proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill); and
Provide the information to which your request relates.
2. Residents of California
Access - to receive the specific pieces of your Personal Information we have collected about you in the 12 months preceding your request;
Portability - to receive a copy of your electronic personal information in a readily-usable format;
Information Regarding Sources and Purposes - to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your “right to know” request;
Deletion - to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, (iii) to protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iv) in order to complete a transaction for which your personal information was collected; and
Non-Discrimination - to be free from discrimination by us with regard to pricing or performance as a result of you exercising your rights under the CCPA.
If you wish to exercise these rights, you must submit a request by emailing our Data Protection Officer at email@example.com ; alternatively, you can contact the Data Protection Officer at the following phone number ____________________. The CCPA requires us to verify requests we receive when one is seeking to exercise certain of the rights listed above. We may ask you to provide certain information in order for us to verify your request.
Note that certain of the rights set forth above do not apply until January 1, 2021, for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.
With regard to your rights under the CCPA, we note in the table above we detail the personal information that we have collected about California residents in the last 12 months, as well as the sources from which we obtain the listed categories of personal information and the parties with whom such information has been shared.
In the preceding 12 months, we have not sold any personal information.
3. Minors and Children
We do not seek to collect or maintain information on our website from those we know are under 18, and no part of our website is structured to attract anyone under 13. If you are the parent or legal guardian of a child under 13 who uses our website, then please contact our Data Protection Officer at firstname.lastname@example.org to have that child’s information deleted. “OnGuard Online,” maintained by the Federal Trade Commission of the United States of America, provides a resource that may help parents and legal guardians in monitoring and limiting their children’s access to certain types of material on the Internet.
4. Residents of China
Our Security Measures to Safeguard the Information
We endeavor to take all reasonable steps to protect your personal information but cannot guarantee the security of any data you disclose online. Please note that email is not a secure medium and should not be used to send confidential or sensitive information. By providing information online, you accept the inherent security risks of providing information over the Internet and will not hold us responsible for any breach of security, unless it is due to our negligence or willful default.
When We Transfer Information Internationally
While our offices in the Netherlands and the United Kingdom are (currently) in the EEA, not all of our offices are in countries that have the same data protection laws as the United Kingdom and the EEA. When we transfer personal information from within the EEA to countries located outside the EEA (including the United Kingdom) that have not received an adequacy decision from the European Commission, including within ACN affiliated entities and offices and with our service providers, we have implemented adequate safeguards to appropriately protect such transfer of personal information, including through data transfer agreements incorporating the European Commission's standard contractual clauses or as permitted under applicable data protection laws. These safeguards are designed to protect your privacy rights and provide you with remedies in the unlikely event that your personal information is misused. You may ask for further information on the safeguards that we have put in place to safeguard the transfer of your personal information to countries outside of the EEA by contacting our Data Protection Officer at email@example.com .
A cookie is a small file of letters and numbers that is sent by our web server to your computer or mobile device when you access our website. Our website uses persistent cookies, which enable our web server to recognize your device and browsing preferences each time you visit our website. For more information on cookies, visit www.allaboutcookies.org .
Cookies can be disabled by changing the settings on your browser, though some parts of the website may not function well if you choose to do so.
Our website may use Google Analytics, a web analytics service provided by Google, Inc. ("Google"), currently headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted by Google to Google’s location in the US and stored there.
In using Google Analytics our website would employ the extension “anonymizeIp”. In doing so, Google abbreviates and thereby anonymizes your IP address before transferring it from EU/EEA member states. Google uses this information to analyze your use of our site, to compile reports for us on internet activity and to provide other services relating to our website.
You can prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout .
“Do Not Track” Browser Settings
We do not use technology that recognizes a “do-not-track” signal from your web browser, because we do not track users other than for aggregate statistical purposes.
How We Retain the Information
Notification of Changes
Last updated: September 2020