This privacy notice informs you how we collect, use, share, retain and protect personal data received through our websites and the Zomentum platform and service. We may occasionally update this privacy notice. We encourage you to periodically review this privacy notice to be informed of how we use your information.

WHO WE ARE

Zomentum is a platform that enables customers to discover cloud offerings to solve their end user’s business needs. The platform (“Platform”) is made of different Zomentum website(s) and other digital platforms or applications accessible by Zomentum customers. Access to the Platform and the advantages users can derive from it is referred to as the “Service”. Both Zomentum Platform and Service are owned and operated by Pactora Inc., a Delaware corporation (“Zomentum”, “we” or “us”).

“Customer” refers to a legal entity with whom Zomentum has an agreement to provide the Service. Customer is the Controller of the Personal Data it collects and processes in the Platform. Zomentum is the Processor of such Personal Data and will only process it on behalf of the Controller and by following its written instructions. Customer designates one or more individuals to be the users of the Service (“User”, ”you”)

“Personal Data” refers to any information relating to an identified or identifiable natural person (“Data Subject”). Data that is not related to an identified or identifiable natural person, including aggregated, anonymized or de-identified data, is not considered Personal Data and is not addressed by this document.

OUR DATA VALUES

At Zomentum the following values guide the way we handle Personal Data:

Embedding privacy. We strive to develop solutions that are fully respectful with your privacy by continuously assessing the impact that processing your data might have on you. We integrating Privacy by Design and Privacy by Default in our development processes.

Responsible use. We commit to make a responsible use of Personal Data and will seek a similar commitment from our business affiliates and suppliers around the world.

Purpose driven. We only collect, use, and share the information we need to provide, operate and improve our solutions and to help our Customers meet their accountability and regulatory compliance needs.

Always improving. We process data about the use of our Service and the way our business is operated in order to help us better understand the needs of our Customers, prospects, and other stakeholders, and to continue to improve User experience, features, and functionality of our solutions.

WHAT TYPES OF PERSONAL DATA WE COLLECT

Zomentum is a business-to-business service and, as such, it collects a limited amount of Personal Data. These are the data categories we collect to enable you to use the Service:

• Contact information (such as name, address, email, username)
• Account details (such as Users, transactional information, payment card details)
• Personal Data Users includes in their comments, forums or other postings
• Any optional information you choose to enter in the Platform
• Personal Data included in traffic data or log files generated by Users while using the Platform. May include information sent by browsers or mobile apps, details about the devices and services being used such as type of device, operating system, device settings, application IDs, device identifiers, or crash data

Zomentum Platform collects data from our Customers, from their clients, from prospective customers and other web visitors.
Beware that we provide areas on the Zomentum Service where you can publicly post information or communicate with others, such as forums. Information you enter in these areas may be accessible by other Users and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. We have no control over who reads your postings or what other Users may do with the information you voluntarily post, so please use caution when posting any content that could be deemed an individual’s Personal Data.

HOW IS PERSONAL DATA COLLECTED

Our Customers provide us all the data necessary to activate the Service by entering it in the Platform. That includes Personal Data of the Users authorized to the Service. We are the data controller for that Personal Data. Additional Personal Data might be generated and collected from the User’s usage of the Platform.

Our Customers enter data about their clients in the Platform. That data might include Personal Data. In that case our Customer is the Controller of that Personal Data and we are the processor.

Anonymous web traffic data is generated and collected from web visitors if they provided their consent. This data is not considered Personal Data as it is truly anonymous.

HOW DO WE PROCESS THE PERSONAL DATA WE GATHER

We require this Personal Data to provide the Service to you, for the following purposes:
i. Providing you the Service
ii. Managing and improving our products and services
iii. Communicating Service details to you
iv. For our internal record keeping, preventing fraud and complying with applicable law
v. Sending promotional emails about new products, special offers or other information which we think you may find interesting

We process your data under the basis of contractual obligations (i, ii, iii), legal obligations (iv) and our legitimate interest (ii, v). We do not make automated decisions about you, based on your Personal Data.

SHARING YOUR PERSONAL DATA

Zomentum will not sell or share your Personal Data with other parties except as provided below:

Authorized Third Party Service Providers
Zomentum may provide its products and services through third parties. These “Third Party Service Providers” perform technical functions on our or your behalf. You or We may share your Personal Data with such Third Party Service Providers to fulfill orders, analyze data, operate the Zomentum Service including receiving payments, troubleshoot and provide Customer service. In doing so the Data may be exported to a different country than yours. We may also provide Personal Data to Third Party Service Providers, individuals and companies with whom we have business relationships to accomplish our administrative tasks. The use of your Personal Data by such parties is governed by the privacy policies of such parties and is not subject to our control.

Remarketing Service Providers
Remarketing is a way for us to connect with people, based upon your past interactions with the Zomentum Service. Third-party marketing vendors may be hired by Zomentum to perform remarketing services. As a result, third-party vendors, including Google, may show Zomentum ads on sites on the Internet. Third-party vendors may use cookies to serve ads based on a User’s prior visits to the Zomentum Service.  Users may decline to the usage of Marketing cookies or opt out Google’s use of cookies by visiting the Google advertising opt-out page at http://www.google.com/privacy_ads.html. Google Workspace APls are not used to develop, improve, or train generalized Al and/or ML models.

Required by law
We reserve the right to disclose your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us, enforce or apply this Privacy Policy, Terms of Service or other agreements or protect the rights, property or safety of the Zomentum Service, Users of the Zomentum Service or others

Changes to our Business Structure
Zomentum may share or disclose data if we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Zomentum’s assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence). Shared Personal Data would, however, remain subject to this Privacy Policy.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any Personal data which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

HOW WE PROTECT YOUR DATA

We maintain appropriate technical and organizational security safeguards designed to protect your Personal Data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We also have implemented measures to maintain the ongoing confidentiality, integrity and availability of the systems and services that process Personal Data and will restore the availability and access to data in a timely manner in the event of a physical or technical incident. We use authentication tools to protect the access to your Personal Data. Our Platform uses industry-standard encryption technology to protect data at rest and in transit. However, due the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the Personal Data stored is absolutely secure. We will notify you of any data breach that is likely to have unfavorable consequences for your privacy in accordance with applicable law.

HOW LONG WE RETAIN YOUR DATA

We retain Personal Data for as long as necessary to fulfil the purposes for which we collect or receive the Personal Data, except if required otherwise by applicable law. Typically, we will retain most of the Personal Data for the duration of your use of the Platform, or until you have removed your account, unless a longer applicable statutory retention period, legal or reporting obligations apply.
After expiry of the applicable retention periods, your Personal Data will be deleted or anonymized. If there is any data that we are unable, for technical reasons, to remove entirely from our systems, we will implement appropriate measures to prevent any further use of such data.

YOUR RIGHTS

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

Notice of Privacy Rights to California Residents
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“CalOPPA”), the California Consumer Privacy Act (“CCPA”) and the California Business and Professions Code. As required by CalOPPA, we provide you with the categories of Personal Data that we collect through the Zomentum Service and the categories of third-party persons or entities with whom such Personal Data may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personal Data we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. CCPA further requires us to allow consumers to control who they do not want us to share that information with. To obtain this information, please send a request by email or physical mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personal Data you do not want us to share with our marketing partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personal Data or requesting this notice.

GDPR
Zomentum has taken steps to comply with the European General Data Protection Regulation (“GDPR”) Compliance.

HOW WE SUPPORT CONTROLLERS

Zomentum undertakes to be transparent regarding its Personal Data processing activities and to provide Customers with reasonable cooperation to help facilitate their Data Protection obligations as Controllers. Customers have primary responsibility for interacting with Data Subjects, Data Protection Authorities and dealing with Data Breaches. Zomentum’s role, as a data Processor, is generally limited to assisting Customers on these duties, as needed.

Data Breach
In the event that Zomentum becomes aware of any unauthorized access to or disclosure of Personal Data, Zomentum will promptly notify affected Customers, in their capacity of data Controllers, and offer support to remediate the breach to the extent permitted by applicable law.

Access, Correction, Amendment or Deletion Requests
Zomentum shall promptly notify a Customer if Zomentum receives a request from a Data Subject for access to, correction, amendment or deletion of that person’s Personal Data. Zomentum shall not respond to any such Data Subject request without the Customer’s prior
written consent except to confirm that the request relates to that Customer.

Zomentum shall provide Customers with cooperation and assistance in a reasonable period of time and to the extent reasonably possible in relation to any request regarding Personal Data to the extent Customers do not have access to such Personal Data through their respective uses of the Services.

Regulatory Inquiries and Complaints
Zomentum shall, to the extent legally permitted, promptly notify a Customer if it receives an inquiry or complaint from a Data Protection Authority in which that Customer is specifically named. Upon a Customer’s request, Zomentum shall provide the Customer with
cooperation and assistance in relation to any regulatory inquiry or complaint involving Zomentum’s processing of Personal Data.

Customer Audits
Upon a Customer’s request, and subject to appropriate confidentiality obligations, Zomentum shall make available to the Customer (or such Customer’s independent, third-party auditor) information regarding Zomentum and third-party sub-processors’ compliance with the Data Protection requirements set forth in our agreements.

DATA TRANSFERS ABROAD

We may transfer Personal Data we obtain to third parties in countries outside of the Data Subject’s country, often is transferred to the United States but not exclusively. Data Protection regimes in the destination countries may not be as protective as those in the Data Subject’s country. When the level of Data Protection at the destination country is not adequate we will take additional measures and use instruments to protect your Personal Data such as specific contractual obligations or the adoption of contractual terms by the European Commission’s Standard Contractual Clauses.

USAGE OF COOKIES

Our Website and Platform uses cookies and similar tracking devices, such as pixel tags or web beacons to integrate and enable our Service (collectively “Cookies”). A cookie is a small text file that is stored on your computer or device, they might contain Personal Data or other. Cookies do not give us access to your computer or any Personal Data about you, other than the data in the Cookie that you choose to share with us. We use both session-based and persistent cookies on our website. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off. To change your cookie settings and preferences for our website, click the “Cookie Preferences” link in the footer of the page. You can also control the use of cookies on your browser settings. Choosing to disable cookieson the browser may, however, limit your ability to use some features of our website.

We use Cookies for different purposes. You will be asked to accept or decline our Cookies, based on their purpose, prior to us storing them in your device. We have grouped the Cookies we use under these purposes/categories:
• Essential cookies allow web applications to respond to you as an individual. Essential cookies are strictly necessary to make Zomentum Service work and secure.
• Personalization Cookies are used to customize, facilitate and to save your time while using the Zomentum Service.
• Analytics Cookies and Pixel Tags allow us to collect information about Service usage, like which pages are visited, what links are clicked on, how you use the Zomentum Service and how the Service responds. These help us monitor the quality of the Service and improve its
performance. We only use this information for statistical analysis purposes and then the data is removed from the system.
• Marketing Cookies and Pixel Tags help us collecting information about your interests to allow us to present products or features that might be of your interest. We may share that information with Third Party Service Providers to display advertisements on the Zomentum Service.

When we use Third Party Service Providers in our Service they might store their own cookies on your device. This Privacy Policy covers the use of cookies by the Zomentum Service only and does not cover the use of cookies by any third parties.

HOW TO RAISE CONCERNS

Please feel free to contact us if you have any questions about Zomentum’s Privacy commitments or practices. You may contact us at privacy@zomentum.com or at our mailing address below:

Pactora Inc.
16192 Coastal Highway, 
Lewes, Sussex County, 
Delaware, 19958
United States of America

If you are not satisfied about how we handle your request or your Personal Data you have the right to make a complaint about us to the privacy or Data Protection Regulator in your country.