By visiting our website, you are accepting the practices described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this site and do not provide any personal information to us. We reserve the right to modify or amend the terms of this Privacy Policy without notice at any time. Your continued use of the Site following the posting of changes to these terms signifies acceptance of those changes.
Last amended October 10th, 2024
1. Overview
- Fierce, Inc. (“Fierce,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Notice (“Privacy Notice”). This Privacy Notice describes the types of Information we may collect from you in person, when you visit the websites at https://fierceinc.com/, https://fiercelearning.com/ or any other sites owned or operated by Fierce or use the Fierce mobile app (collectively, the “Site”), and through other means, such as when you communicate with Fierce. It also describes our practices for collecting, using, maintaining, protecting, and disclosing that Information. This Privacy Notice does not apply to Information collected by any third party except for service providers acting on behalf of Fierce.
Please read this Privacy Notice carefully to understand our policies and practices regarding your Information and how we will handle it. If you do not agree with our policies and practices, do not use the Site or provide your Personal Information. By accessing or using the Site, or providing Fierce with your Personal Information, you agree to this Privacy Notice.
Fierce may change this Privacy Notice at any time, at its discretion. Your continued use of the Site and engagement with Fierce after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.
This Privacy Notice is subject to and governed by the Fierce Website Terms of Use (“Terms of Use”) available at the Site here. If your employer has arranged for your use of the Site, additional provisions in Fierce’s agreement with your employer may apply.
2. The Types of Information That Fierce Collects About You and How Fierce Collects Information About You
Fierce may collect two types of Information from you: Personal Information and Non-Personal Information (collectively “Information”). For information regarding Fierce’s use of biometric data, please refer to Section 13: Biometric Data.
- “Personal Information” refers to data by which you may be personally identified, such as name, postal address, e-mail address, profession, and telephone number.
- “Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.
We collect Information:
- Directly from you when you provide it to us.
- Through our communications with you.
- Automatically as you navigate through the Site. Through third-party analytics.
- From your employer, if you are using Fierce in your capacity as an employee of an entity that has engaged Fierce.
Information You Provide Directly to Fierce. The Information that you provide us directly may include:
- Information that you provide to Fierce by filling in our forms, including by creating an account and registering. We may also ask you for your information when you report a problem to Fierce. And it may be necessary for you to provide us with information so we can communicate with you about an inquiry you have.
- Information that you provide when you complete a transaction through our Site.
- Information that you provide through your participation or interest in our certification program.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete.
- Details of transactions you carry out through our Site.
Information Automatically Collected from You. The Information that Fierce may automatically collect and store about you when you visit the Site may include:
- The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you;
- The type of browser and operating system you used;
- Information about the device you use to access the Site;
- The date and time you visited the Site, and other usage data using Google Tag Manager;
- The web pages or services you accessed at the Site; and
- Cookies, which are small text files that a web server places on a user’s computer. When accessing a cookie, Fierce’s server reads a number associated with a browser, but is unable to determine any data about a user. With that number, our web server can tailor its content to the needs of the specific browser, and we can optimize the Site for your use.
Google Analytics Advertising Features. We also may have the following Google Analytics Advertising Features Implemented: Demographics and Interest Reporting, Remarketing, GDN Impression Reporting, and Double Click Campaign Manager. These features collect data using Google advertising cookies and anonymous identifiers. Fierce and third-party vendors use these first-party cookies to access the success of online marketing campaigns, inform future campaigns and improve usability on the Site. To learn how to opt-out of the Google Analytics Advertising Features we use, please see Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout. Fierce also uses Google Ads conversion tracking. In addition, Fierce uses Facebook Ads conversion tracking, Twitter Ads conversion tracking, LinkedIn conversion tracking, Facebook Remarketing, Twitter Remarketing and LinkedIn Website Retargeting. Fierce uses Salesforce Sales Cloud, Pardot and Salesforce Marketing Cloud, which may also collect your Personal Information as described in the privacy notices of those services.
Fierce may have also collected your Personal Information from third parties, which will be used for the purposes described in this Notice.
3. How Fierce Uses Information It Collects About You and the Purpose for the Collection and Use
We use Information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:
- To present our Site and the Site Contents (as defined in the Terms of Use) to you.
- To manage and administer your transactions through the Site.
- To manage and administer your account.
- To provide you with the information or services that you request from us. For example, when you provide your name and email address to contact us, we are able to use your email address to respond to your comment or question personally.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To create new services or to improve our business and services.
- To notify you about changes to our Site or any services we offer or provide through it.
- To communicate with you regarding our products.
- In any other way we may describe when you provide the Information.
- To fulfill any other purpose for which you provide it.
- To create or update user profiles, including evaluating User choices, preferences and behavior.
- For any other purpose with your consent.
Site statistics are compiled into traffic reports, which help Fierce understand, anticipate, and respond to user needs. If we learn, for example, of heightened interest in certain aspects of Fierce, we are likely to highlight that information on the Site home page. This Information helps us create a better overall experience for Site users. Fierce will retain your Information as long as Fierce believes it is appropriate for the purposes of this Privacy Notice.
4. How Fierce Protects Your Information
We have implemented measures designed to protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the internet is not completely secure. Although we are working to protect your Information, we cannot guarantee the security of your Information either in transmission or when stored. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
5. When Fierce Shares Your Information
We may use and disclose Non-Personal Information about our users without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:
- To our subsidiaries and affiliates, including third-party payment facilitators.
- To contractors, service providers, and other third parties we use to support our business.
- To your employer, if you are using the Site through an arrangement with your employer.
- To a buyer or other successor (potential or actual) in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fierce’s assets, including any related due diligence.
- To fulfill the purpose for which you provide it.
- To determine eligibility requirements.
- For any other purpose disclosed by us when you provide the Information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Use.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fierce or others.
- Fierce does not sell any of your Information.
6. Third Parties Providing Services On Our Behalf
We use third parties to host the Site, design and operate the Site features, and perform administrative, payment processing, analytics, and communication services. Services these third parties provide include enabling Fierce to process your transactions and providing information to Fierce about the use of the Site. We may disclose your Information to these companies so they can carry out these services.
The third parties we currently utilize include but is not limited to Fungi Marketing, WordPress WP-engine, PayPal, WooCommerce, Salesforce, Hubspot, Pardot, Drift, Zapier, Google Analytics, LearnDash, Grassblade LRS, Grasblade XAPI, Hotjar, Outreach, Azure Cloud Server, OVHCloud Server, AWS Cloud Server, MS – Dynamics, LinkedIn Sales Navigator, Facebook, Twitter, Instagram, The Brooksgroup, Shane Frazier / Klear Digital, Crowe, and Dane Christensen. We recommend reading the Privacy Policy, Terms, and other related legal and compliance documents of these third parties.
7. Information From Children Under 13
Fierce complies with the requirements of the Children’s Online Privacy Protection Act and related regulations. Fierce does not knowingly collect any Information from children under 13 years of age. If Fierce learns that a child under 13 years of age has provided Information, Fierce will delete this Information from our databases. If you are under 13, do not use this Site or provide any Information about yourself to Fierce, including your name, address, telephone number or email address. If you become aware that Information of a child under 13 years of age has been provided, please contact us at the address in Section 13.
8. Links to Other Websites and Services
We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein. For example, these services may include YouTube video widgets. Our Privacy Notice does not apply to third party websites or services. We encourage you to familiarize yourself with the policies.
9. Do Not Track
Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.
10. Your Choices About Information
If you choose not to provide Information, you may be unable to access or use all portions of the Site. We send promotional and marketing communications only with your consent. If you no longer wish to receive these or other communications, send us an email at the address in Section 13. You can also stop receiving email communications from us by clicking on the “unsubscribe link” provided in such communications. If you opt-out of receiving marketing/promotional emails, we may still send you non-promotional emails, such as emails about your orders or our ongoing business relations. Please report your concerns about collection or use of Personal Information to the address in Section 13. If you would like to correct or delete any Personal Information we have about you, register a complaint, or simply want more information, you can contact us as described in Section 13 below.
11. Residents of the European Economic Area (“EEA”)
If you are located in the EEA, you may have certain rights under European law with respect to your Personal Information that are described below. Controller of Personal Information. Fierce is the “Controller” of your Personal Information. Fierce’s primary place of business is at: 300 Lenora Street, PMB 1674, Seattle, WA 98121.
Processing. Fierce may process your Personal Information on one or more of the following legal bases:
- as necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide services, to respond to requests from you, or to provide customer support;
- where we have a legitimate interest, as described in this Privacy Notice (see “How Fierce Uses Information It Collects About You and the Purposes for Collection and Use”);
- as necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
- with your consent.
Your Rights. Subject to applicable law, you may have the right to:
- ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed;
- request that inaccurate Personal Information is corrected;
- request deletion of Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
- request us to restrict the processing of Personal Information where the processing is inappropriate;
- object to the processing of Personal Information;
- request portability of Personal Information that you have provided to us (which does not include Information derived from the collected Information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means; and
- lodge a complaint with the appropriate data protection authorities.
You can exercise your rights of access, rectification, erasure, restriction, objection, and data portability by contacting us at the email address in section 13 of this Privacy Notice. When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your data for that purpose.
The categories of Personal Information that Fierce collects are identified in section 2, “The Types of Information That Fierce Collects About You and How Fierce Collects Information About You.” Additional information about how long Fierce will retain your Information and how it shares your Information is found in section 3, “How Fierce Uses Information It Collects About You and the Purpose for the Collection and Use,” and section 5, “When Fierce Shares Your Information” above.
12. Your California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding Fierce’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact Fierce at the email address included in section 13 of this Privacy Notice.
13. Biometric Data
Fierce utilizes biometric data through the use of third-party vendors, including but not limited to FitBit.
Definitions.
- “Biometric Data” is defined as personal data resulting from specific technical processing relating to the physical, physiological, or behavioral characteristics of a natural person, which allows or confirms the unique identification of that natural person, such as facial images or fingerprint data. This includes both biometric identifies and biometric information, as defined below.
- “Biometric Identifiers” is defined as a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.
- “Biometric Information” is defined as any information, regardless of how the information is captured, converted, shared, or stored, based on an individual’s biometric identifier that is used to identify an individual.
Consent.
Before any biometric data is collected or shared with third parties, you will be asked for your consent for Fierce to use and/or share your biometric data. Third-party services may also ask for your consent to use your biometric data.
Disclosure.
Fierce will not lease, trade, sell, or otherwise profit from the use of your biometric data, nor will Fierce will authorize any third-party service to lease, trade, sell, or otherwise profit from the use of your biometric data unless:
- You or your legal representee provide informed consent to disclosure of your biometric data;
- Disclosure of your biometric data is required by state law, federal law, or a municipal ordinance; or
- Disclosure of your biometric data is required pursuant to a valid warrant or subpoena.
Storage. (insert information here)
Data Breach.
In the unlikely event of a data breach, Fierce will notify the authorities within a 72-hour time period.
Retention.
Fierce will keep your biometric data file for up to one year. Your biometric data file will be destroyed after one year, upon cancellation of your account, or if your account becomes inactive (whichever occurs first). After your biometric data is destroyed, you will need to resubmit new biometric data in order to continue use of Fierce’s services.
14. How To Contact Us About This Privacy Notice
To ask questions or comment about this Privacy Notice and our privacy practices, please contact us at [email protected] or by mail at: Fierce, Inc. Attn: Privacy 300 Lenora Street PMB 1674 Seattle, WA 98121 EFFECTIVE DATE: February 10, 2021
