Privacy Statement

Effective Date: August 28, 2021

Menemsha Group, Inc. is committed to ensure that your privacy is protected and wants you to understand how we collect, use, and disclose your information. This Privacy Statement describes Menemsha Group's data collection, processing, and usage practices across our web applications deployed as a part of our subscription services (thed “Web Apps”) and associated mobile applications (the “Mobile Apps”) and other services provided by us both online and offline (collectively, including Web Apps & Mobile Apps, the “Services”) and our marketing website located at www.Menemshagroup.com (the “Website”, collectively including Services, the “Sites”) both owned and operated by Menemsha Group. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information. The use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged Menemsha Group.

In this Privacy Statement, “You” or a “User” refers to any individual who visits or otherwise uses the Sites, including individuals that visit Menemsha Group's Website (“Visitors”) and Menemsha Group customers including without limitation employees and affiliates (“End-Users”) who register to use the Services subscribed by their respective organizations (“Customer”). By using the Sites, you accept and agree to the practices described in this Privacy Statement. If you do not agree with the practices outlined in this Privacy Statement, you should not use the Services offered by Menemsha Group.

This Privacy Statement does not apply to the practices of third parties that Menemsha Group does not own or control, or to individuals that Menemsha Group does not employ.  If Menemsha Group enters a separately negotiated agreement with you related to use of Menemsha Group's Services (“Customer Agreement”), these terms will still apply, but any conflicting terms in the Customer Agreement will override terms in this Privacy Statement.  This Privacy Statement includes Menemsha Group's Privacy Policy Statement and the Privacy Shield Statement.

 

1. Information We Collect

1.1. Personal Information: This refers to any information that you voluntarily submit to us and that in isolation or through a combination of information identifies you as an individual or relates to an identifiable individual, including without limitation: name, title, company name, job function, expertise, postal address, telephone number, or email address (collectively “Personal Information”). Personal Information can also include information about any transactions, both free and paid, that you enter on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.

If you submit any Personal Information relating to other people to us such as their name and email address, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.

If you submit contact information of another person (“Friend”) for the purpose of a referral program run by Menemsha Group, we will automatically send a one-time email inviting him or her to visit our services. Menemsha Group stores this information for the sole purpose of sending this one-time email and tracking the success of the referral program. 

1.2. Navigational Information: As is true of most websites, we gather certain information automatically. “Navigational Information” includes but is not limited to information about users’ systems and visits to Menemsha Group's Services such as IP address, Internet service provider (ISP), geographic location, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data.

 

2. How We Collect Information

2.1. Customers’ Use of Services

To fulfill their business needs, our customers may provide or ask the End-Users of their organization to provide some Personal Information relevant to their business needs, including but not limited to name, email address, phone number, geographic details, business unit, reporting manager, performance metrics etc. Personal Information may also be generated in the process of the End-User interacting with the Services.

2.2. Information Collected on Website: You are free to explore the Website without providing any Personal Information. However, we may collect Navigational Information about your visit to facilitate our operation of the Services and for other purposes described below.

In addition, we may require you to provide some Personal Information about yourself when you register to use our Services or express an interest in obtaining additional information, including when you request a free trial or demo, register for a webinar, contact us, subscribe to our email newsletter and download content (e.g. thought leadership papers, technical resource papers, case studies, etc).

2.3. Information Collected on Web & Mobile Apps

When you download and use our Mobile Apps, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).

When you access Menemsha Group's Web & Mobile Apps we may also automatically collect login information, IP addresses and additional Navigational Information that are not personally identifiable.

2.4. Use of Cookies and Other Tracking Technologies

Menemsha Group and its 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.

A cookie is a small file which asks permission to be placed on your computer’s hard drive or on the web browser of your mobile phones. Unless you disable this setting, the file is added and the cookie helps analyze web traffic or lets us know when you visit a particular site. Cookies allow Web Apps to respond to you as an individual. The Web Apps can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Menemsha Group and its partners & service providers use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Website and Web Apps in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Website and Web Apps, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer, mobile or any Personal Information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the Website and/or Web Apps.

We also use analytics software to better understand the functionality of our Mobile Apps on your phone. We do not link the information we store within the analytics software to any Personal Information that you submit within the Mobile Apps.

2.5. Third Party Tools & Aggregated Information

In the process of providing Services, we try to understand users’ behavior by tracking user movement, links clicked, content viewed, click/touch, scrolls and keystroke activities on our Site. In order to understand user behavior, we may use third party analytical tools, including but not limited to MixPanel, Fullstory and Google Analytics. These third parties are bound by their own privacy policy and may use cookies to provide their services. For further information on cookies, please see Section 2.4 (Use of cookies) above, in this policy. If you do not want your behavior to be tracked, you have an option to opt-out of these analytics services. 

We will update our Privacy Policy Statement to reflect any new or alternative analytics service provider engaged by us.

To enhance our Services and provide better user experience, we may use anonymized and aggregated statistical information, which may be based on extracts of your Personal Information and share such information with third parties.

2.6. Call recording

If you are a User of the Menemsha Group platform through a customer of Menemsha Group that avails Menemsha Group platform’s Call AI services, the calls that you may participate using the Menemsha Group platform may be recorded for training and quality purposes and shared for the customer’s business purposes. Menemsha Group Call AI provides a notice 15 minutes before the call stating that the call will be recorded and an option to disable call recording. During the call, the Menemsha Group Call AI bot announces that the call will be recorded as soon as any first external participant joins. During the call, the host has the ability to remove the bot from the call if required. If you are a User of the Call AI enabled platform, you are required to exercise your discretion in accepting or declining the call recording option.

As a customer of Menemsha Group, if you avail Menemsha Group's Call AI services, you are required to review your call recording policies with your legal team to ensure compliance with applicable laws, if you intend to start recording calls using Menemsha Group's Call AI feature.

 

3. Use of Information Collected

3.1. Compliance with Our Privacy Policy Statement

We use the information we collect only in compliance with this Privacy Policy Statement.

3.2. We Never Sell Personal Information

We will never sell your Personal Information to any third party.

3.3. Use of Information Collected and/or Provided by Customers

Our Customers use Menemsha Group's Service to build training, enablement and capability building programs used by their employees, business affiliates & customers. Menemsha Group does not control the content of these programs or the types of information that our Customers may choose to collect or manage using the Services. Such information belongs to the Customer and is used, disclosed, and protected by them according to the Customer Agreement. Menemsha Group processes Customers’ information as they direct and in accordance with the Customer Agreement, and we store it on our service providers’ servers, but we do not have control over its collection or management. Our Customer Agreements prohibit us from using that information, except as necessary to provide and improve the Services and for general business purposes, as permitted by this Privacy Policy Statement, and as required by law.

3.4. Use of Personal Information

We may use this information

• to improve the experience of an End-User by personalizing our Services
• to respond to users’ inquiries and fulfill their requests. For example, but not limited to sending newsletters & requested information regarding our Services and to handle support requests
• to support Customers in their business objectives, including providing data & analysis related to their usage of Services or as otherwise requested by them within the scope of Services in the Customer Agreement
• to communicate with Customers & End-Users and support them during their use of Services
• to send you marketing communications relating to our business or of carefully-selected third parties which we think may be of interest to you, including via email and SMS in compliance with applicable laws (This applies only to the Personal Information collected on our Website or if agreed to expressly in the Customer Agreement in which the End-User is represented by the Customer.)
• to allow you to participate in contests and other promotional events and to administer these activities (This applies only to the Personal Information collected on our Website or if agreed to expressly in the Customer Agreement in which the End-User is represented by the Customer.)
• for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving, or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

3.5. Use of Navigational Information

We use Navigational Information to operate and improve our Website, Web Apps, and Mobile Apps. We may also use Navigational Information alone or in combination with Personal Information to provide you with the personalized experience of our Services.

3.6. Security of Your Personal Information

We are committed to ensuring that your information is secure. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. However, although we make efforts to protect your privacy, we cannot guarantee that the Website, Web Apps and Mobile Apps will always be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. If you have reason to believe that your information with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.

3.7. Sharing of Information Collected

3.7.1. Third Party Business Partners

Menemsha Group may occasionally partner with third parties to market and sell Services. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Menemsha Group. In these cases, both parties may share Personal Information that you provide when registering for the co-sponsored event to allow them to contact you regarding products, programs, services, and promotions that they believe may be of interest to you. While Menemsha Group chooses to partner with reputable third parties that respect your information, Menemsha Group is not responsible for the information practices of its third-party partners.

3.7.2. Agents and Service Providers:

Menemsha Group contracts with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide Services, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include analyzing data, providing technical services & infrastructure, engaging in consulting, training & content services etc. When we share information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality, and security of the Personal Information. These companies are authorized to use your Personal Information only as necessary to provide these services to us.

3.7.3. Business Transfers:

If Menemsha Group is a party to a merger, acquisition by another company or its assets are entirely or partially acquired, users’ Personal Information may be among the assets transferred. Menemsha Group may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

3.7.4. Compelled Disclosure

We reserve the right to use or disclose your Personal Information if required by law such as to comply with a subpoena, bankruptcy proceedings, or similar legal process or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. This includes exchanging information with other companies and organizations for fraud protection and credit or payment risk reduction.

3.8. Retention of Information Collected

We may retain collected information as long as we consider it potentially useful for fulfilling the purposes outlined in this Privacy Policy Statement, providing Services or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, unless we are required to delete this information, by law or court order. For clarity, in case a Customer Agreement is in place in which the End Users are represented by the Customer, the Survival terms of the Agreement shall override this section for all information collected through our Services.

 

4. Users’ Choices About Personal Information

4.1. Accessing, Correcting or Removing Information About Yourself

If you have registered for an account with Menemsha Group for using its Web or Mobile apps, your organization’s administrator and you (as per the policies set by the administrator) may generally update your user profile information, organizational information & settings by logging into the applicable Service with your username and password and editing your settings or profile. You can use this provision to correct any errors, outdated information, or omissions in user information that you have provided to Menemsha Group's Services.

Upon request, Menemsha Group will also provide you with information about whether we hold any of your Personal Information. In case your data uploaded to Menemsha Group platform is controlled by one of Menemsha Group's Customer organizations and governed by your agreement with the same (e.g. employee agreement, business partnership agreement, etc.), we may need the approval of the Customer before the request can be fulfilled. In such cases, we’ll forward your request to the Customer and inform you.

For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion

4.2. Unsubscribing From Our Communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails.

 

5. Other Important Terms

5.1 Transfer of Data

By using our Services or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information. Unless otherwise agreed to in a separate Customer Agreement, your information may be stored and processed in any country where we have facilities or in which we engage service providers. When we do, we will ensure that an adequate level of protection is provided for the information by using one or more of the following approaches:

• We may transfer personal information to countries that have privacy laws that have been recognized by the country from which the data are transferred as providing similar protections for the data.
• We may enter into written agreements, such as standard contractual clauses, with recipients that require them to provide the same level of protection for the data.
• We may rely on other transfer mechanisms approved by authorities in the country from which the data are transferred.

5.2. Changes to this Privacy Policy Statement

Menemsha Group performs a review of this Privacy Policy on an annual basis. We will update this Privacy Policy Statement from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes, we will notify you by posting the revised Privacy Policy Statement on our Website. Your continued use of our Services and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy Statement.

The “Effective Date” legend at the top of this page indicates when this Privacy Policy Statement was last revised

5.3. Sensitive Information

“Sensitive Personal Information” or “Special Categories of Personal Data” means Personal Data that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or concerns health or a natural person’s sex life or sexual orientation, or is used for processing of genetic data, biometric data for the purpose of uniquely identifying a natural person.

We ask that you do not send us or disclose any “Sensitive Personal Information” or “Special Categories of Personal Data” on or through the Sites or via other means.

5.4. Social Media Features

Our Website includes social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our Website and our Web Apps and Mobile Apps provides Customers the ability to log-in using Google, Facebook link. These Features may collect your IP address, which page you are visiting on our Website and Web Apps, and may set a cookie to enable the feature to function properly. Such features and widgets are either hosted by a third party or hosted directly on our Website, Web Apps and Mobile Apps. Your interactions with these features are governed by the privacy policy of the company providing these features.

5.4. Your Consent

By using our Website and/or our Web Apps and Mobile Apps you explicitly consent to our collection and use of your Personal Information as described in this Privacy Policy Statement. Additionally, we may store and process information in various sites throughout the globe, including in sites operated and maintained by cloud-based service providers. If you are a resident in a jurisdiction where the transfer of your personal information to another jurisdiction requires your consent, then it is hereby understood that you provide us your express and unambiguous consent to such transfer.

To reiterate, if we change our privacy policies and procedures, we will post those changes on our Website, Web Apps and Mobile Apps to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

 

6. Information Related to Data Collected Through the Services

6.1 Information Related to Data Collected for our Customers:

For the purpose of delivering Services, Menemsha Group collects information under the direction of its Customers and has no direct relationship with the individuals whose personal data it processes. If you are an employee, partner or business associate of one of our Customers and would no longer like to be contacted by one of our Customers that use our service, please contact the Customer that you interact with directly. We 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 Customers.

6.2 Access and Retention of Data Controlled by our Customers:

We acknowledge that you have the right to access your Personal Information. Menemsha Group has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Menemsha Group's Customer (the data controller). If requested to remove data we will respond within a reasonable timeframe.

We will retain personal data we process on behalf of our Customers for as long as needed to provide services to our Customer. Menemsha Group will retain this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

7. Your California Privacy Right

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA”.

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see Section 1 (Information We Collect). We collect this information for the purposes described in Section 3 (Use of Information Collected). Additionally, we share this information with the categories of third parties described in Section 3 (Use of Information Collected). Menemsha Group does not sell (as the term is defined in the CCPA) the personal information we collect. Please note that we do use third-party cookies for our advertising purposes as further described in Section 2.4 (Use of Cookies and Other Tracking Technologies).

1. A) Definitions

“Personal Data” means information that (1)is transferred from the EU/EEA or United Kingdom or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means Personal Data that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

1. B) Principles

Menemsha Group may receive Personal Data from itself as well as from its affiliates, customers, prospective customers and business partners and other parties located in the EU/EEA United Kingdom or Switzerland. Such information may contain names, addresses, email addresses, title, department, location, training materials, training performance data, and includes information recorded on various media as well as electronic data.

Menemsha Group complies with the Principles with respect to processing Personal Data:

1. Menemsha Group generally does not receive personal data directly from individuals. In the event that Menemsha Group does receive Personal Data directly from individuals, Menemsha Group shall inform an individual of the purpose for which Menemsha Group collects and uses their Personal Data and the types of third parties to which Menemsha Group discloses or may disclose that Personal Data. Menemsha Group shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to Menemsha Group, or as soon as practicable thereafter, and in any event before Menemsha Group uses or discloses the Personal Data for a purpose other than for which it was originally collected. Menemsha Group may be required to disclose Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
2. Menemsha Group generally does not receive Personal Data directly from individuals. In the event that Menemsha Group does receive Personal Data directly from individuals, Menemsha Group will offer individuals the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a non-Agent third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, Menemsha Group will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a non-Agent third party or for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Menemsha Group shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information. Agents, technology vendors and/or contractors of Menemsha Group may have access to an individual’s Personal Data on a need to know basis for the purpose of performing services on behalf of Menemsha Group or providing or enabling elements of the services. All such agents, technology vendors and contractors who have access to such information are contractually required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Menemsha Group or as otherwise required by law.
3. Accountability for Onward Transfer. Menemsha Group shall ensure that any third party to which Personal Data may be disclosed subscribes to the Principles or is subject to laws providing the same level of privacy protection as is required by the Principles and agrees in writing to provide an adequate level of privacy protection.
4. Data Security. Menemsha Group shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Menemsha Group has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, Menemsha Group cannot guarantee the security of Personal Data on or transmitted via the Internet.
5. Data Integrity and Purpose Limitation. Menemsha Group shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, Menemsha Group shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.
6. Access and Recourse. Menemsha Group acknowledges the individual’s right to access their Personal Data. However, Menemsha Group generally does not receive Personal Data directly from individuals but indirectly, via its customers. In the event that Menemsha Group does receive Personal Data directly from individuals or that a Menemsha Group customer cannot access the individual’s Personal Data, Menemsha Group shall allow an individual access to their Personal Data and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.