Last updated May 2, 2022
SpearMC is committed to protecting your privacy when you interact with us. This Privacy Statement (“Privacy Statement or “Statement”) sets out the privacy practices for SpearMC with respect to Personal Data and Personal Information (which means any information that relates to, identifies, describes, or can be reasonably associated or linked with a natural person or household) we obtain from and about individuals interacting with SpearMC and its websites, mobile applications, and services. All Personal Data that we collect is subject to this Privacy Statement. Please read the information below to learn about the Personal Data collected about you and how it is used. We may revise this Privacy Statement from time to time and will do so by posting additions or modifications to this page. The most current version of the Statement can always be reviewed by clicking on the “Privacy Statement” link located at the bottom of our website. If you are a resident of California, please see the section below titled, “Additional Information for Residents of California.”
Types of Personal Data Collected
The type of Personal Data we collect depends on how you use this website or interact with SpearMC. When you visit our publicly available website, we may collect the following types of information, including Personal Data, from you:
- Contact information
- Event registrations and preferences
- Feedback and reviews or request for support
- Activities, interactions, preferences, transactional information and other computer and connection information (such as IP address) relating to the use of our website and our services
When you conduct business with SpearMC, we may collect the following types of Personal Data:
- Contact information
- Financial and billing information
- Event registrations and preferences
- Feedback and reviews or request for support
- Activities, interactions, preferences, transactional information and other computer and connection information
- Resumes and information relevant to our market research activities that: you provide to us directly; we receive about you from referrals; or we collect from publicly available sources and websites
If you are being considered for employment with SpearMC, we may collect and process the following types of Personal Data:
- Resume, application, candidate profile, or interview logistics information during the recruiting process. The sources of employment application information include yourself (when you provide information directly to us, for example, through our job postings portal on this website), publicly available information (such as information on job posting websites), and external recruiting sources (such as professional recruiting or placement agencies)
In addition, SpearMC may collect Personal Data from service providers who provide services to us, such as web analytics providers.
How We Use Personal Data
SpearMC collects and uses Personal Data for our legitimate interests as set out herein, or based on your consent (in which case we would ask you separately to provide your consent to a particular processing activity) through:
- Personalizing information about our services
- Personalizing your experience on our website, such as providing recommendations based on your industry or past behavior on the website
- Providing services, training and education, tools (such as SpearMC Software accelerators), products (such as books), and support to our customers, which may also be necessary for the performance of a contract with you
- Conducting business with our suppliers and other entities, including market research activities
- Considering candidates for job vacancies with SpearMC entities, including all elements of the procedure leading up to making a decision whether to offer, subject to any appropriate background checks, the applicant a position. Some job applicant data processing may also be necessary to comply with legal obligations
- Providing online education for teaching certificates and arranging temporary placements to enable students of such programs to obtain practical experience
- Other purposes disclosed at the time of collection or otherwise compatible with the above and applicable law
In instances where information is transferred to SpearMC through a client data controller and SpearMC is acting as the processor, the processing is necessary for the performance of a contract or for our legitimate interest to provide the requested services to our clients.
With Whom We Share Personal Data
SpearMC may share Personal Data we collect with the following entities and for the following purposes:
- Subsidiaries who process Personal Data on behalf of SpearMC for the purposes of supporting and providing services to our customers
- Service providers contracted to provide services on behalf of SpearMC for discrete business purposes such as provision of IT related services, event planning, talent recruiting, market research interviewees and providers, and travel services
- Other corporate entities when a business transaction occurs such as a merger or acquisition
- Entities with whom SpearMC works in providing a service, such as educational establishments with whom SpearMC collaborates to provide training and certification, and organizations at which SpearMC arranges for students to obtain practical experience
SpearMC may disclose Personal Data in special cases when we have a good faith belief that it is necessary: (a) to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; (b) to protect and defend our rights or property; (c) to enforce the website Terms and Conditions; or (d) to protect the interests of our users or others.
Retention of Data
We will keep your Personal Data as reasonably necessary to fulfill the purposes for which Personal Data is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as those required by tax, trade and corporate laws. When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.
Choice You Have About How SpearMC Uses Your Personal Data
We strive to provide you with as many choices and as much control as possible regarding the Personal Data you provide to us. If you have questions, complaints or concerns regarding this Privacy Statement or wish to access your Personal Data, or update, change or remove your Personal Data, please contact firstname.lastname@example.org, or send mail addressed to: SpearMC 5020 Franklin Drive, Suite 100 Pleasanton, CA 94588 If you wish to opt out of receiving marketing or other communications, you can either respond using the opt out button in the relevant communication, or by contacting us by one of the methods listed above.
How SpearMC Protects Your Personal Data
SpearMC takes reasonable and appropriate measures to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the data.
This website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Statement applies only to the information we collect on this Site or as otherwise described herein. We encourage you to read the privacy notices of other websites you link to from our Site or otherwise visit.
This website is not intended for children under the age of 13. We will not knowingly collect information from website visitors in this age group. By using the Site, you represent that you are age 13 or over. If you believe that a child may have provided his or her Personal Data to us, please contact us using the contact information at the end of this Statement. In the event we become aware that we have collected Personal Data from a child under the age of 13, we will dispose of that Personal Data immediately.
We have taken great measures to ensure that your visit to our website and your interactions with SpearMC are satisfying and that your privacy is respected. Unless otherwise stated, SpearMC is a business and data controller for Personal Data processed subject to this Statement. Because SpearMC is a professional services firm focused primarily on serving other businesses, SpearMC is a service provider and data processor to our clients for Personal Data that belongs to the data subjects and consumers who are associated with those clients. If you have any questions, comments or concerns about our privacy practices, please contact us by e-mail at email@example.com.
This supplemental section of SpearMC’s Privacy Statement is directed at and applies to a limited subset of individuals who interact with SpearMC, who are verifiable residents of the state of California, and who are not otherwise exempted from the California Consumer Privacy Act (CCPA). SpearMC is largely not subject to the requirements of the CCPA given the nature of our business (i.e., primarily business-to-business transactions as described below).
Your California Consumer Privacy Rights
If you are a resident of California, who is neither (a) an employee, owner, director, officer, or contractor of an organization (i.e., company, sole proprietorship, non-profit, or government agency) whose communications or transactions with us occur solely within the context of us conducting due diligence regarding, or providing or receiving a product or service to or from your organization), or (b) a job applicant, you have the following specific additional privacy rights under the law:
- Right to request access to personal information. California residents have the right to request that we disclose to them the categories and specific pieces of personal information we have collected about them. Upon submission and our receipt of a verifiable consumer request, and not more than twice in a 12-month period, we are required to provide such information directly to California consumers (if it is not already provided here or in another notice).
- Right to request deletion of personal information. California residents have the right to request that we delete any personal information about them which we collected from them. Our obligation to delete personal information is limited by the law, and we are not required or able to comply with requests in all instances; for example, if it is necessary for us to maintain personal information in order to complete a transaction with the consumer, detect or protect against security incidents or other illegal or deceptive activity, exercise our free speech or other rights provided by law or protect the lawful rights of another consumer, comply with other legal obligations, or enable internal uses of the personal information in a lawful manner compatible with the context in which the consumer provided the information or would expect it to be used based on their relationship with us. For the full list of exceptions, see Cal. Civ. Code § 1798.105.
- Right to request disclosure of what personal information we process, the source of it, the business or commercial purpose for processing it, and with whom (e.g., service providers) we share it. California residents have a right to request that we disclose to them (if we have not already in this or another notice): the categories of personal information collected about them, the categories of sources from which it was collected, the business or commercial purpose for collecting it, the categories of third parties (e.g., service providers) with whom we share it, and the specific pieces of personal information collected about them. A large portion of that information is provided here in this Privacy Statement, and we may direct you back here to make note of that information. It should also be noted that the disclosure right related to specific pieces of personal information is not absolute, and it is our responsibility to protect that sort of information from unauthorized disclosures. Please refer to the sections below on How to Submit and What to Expect for more information about the process.
- Right to know that we do not “sell” personal information. We have not sold (neither under the ordinary meaning of the term “sale,” nor under the CCPA’s definition of “sale”) consumers’ personal information in the preceding 12 months..
How to Submit a Request to Exercise your CCPA Rights
If you are a consumer and resident of California who is not a job applicant or individual involved in business-to-business communications and transactions with SpearMC (as described in the Your California Consumer Privacy Rights section above), and you wish to exercise one of your CCPA rights, please send an email to firstname.lastname@example.org and include your name, your specific request, and a preferred contact method (e.g., email or mail) for us to follow up with you.
You may call 1-866-SPEARMC and ask to be connected with SpearMC’s Managing Director. Ultimately though, we will instruct and require you to submit your request in writing, for us to keep appropriate records, and because the law requires us to respond to you in writing. Please start by contacting us at email@example.com to expedite the process.
What to Expect When you Submit a Request to Us
We are a professional services firm, dealing almost exclusively with other companies, as opposed to directly with consumers as that term is usually understood, in business-to-business transactions; and the protection of our clients’ information (past, present, and future) is paramount to our corporate values and our privacy program.
We take data security, in addition to privacy, very seriously, and California law is clear on the need for businesses to protect all consumers from fraudulent requests made by someone other than the actual individual. We mention this to prepare you for the fact that if you request from us specific pieces of personal information collected about you, we will do whatever is reasonably necessary (as the law allows and requires) to verify that you are who you say you are; and as such, you should expect a thorough and personalized vetting process from us to ensure that we do not provide one individual’s personal information to an imposter. The process may take 45 days (or longer when reasonably necessary) depending on the request, and consistent with our obligations under the law.
Personal Information We Collect About Consumers
We have collected the below categories of personal information about consumers in the past 12 months.
In the table below, we have used the CCPA categories of Personal Information and provided basic explanations in plain English for each of those categories. Our responses are divided below into the three broad categories of individuals (or “consumers”) with whom we work every day, and to whom this Privacy Statement applies: (1) leads (a/k/a potential clients/customers), (2) clients/customers, and (3) job applicants.
Not everything below will apply to you, because we have different relationships with different individuals. Our Privacy Statement should be read and understood in the reasonable context of your particular relationship with SpearMC.
This cookies policy describes the way in which any website (“Site”) operated by SpearMC or accesses information on the device that you use in order to access the Site.
By using the Site, you are providing your consent to SpearMC storing and using cookies and web beacons in accordance with this cookies policy. However, you can adjust the settings on the browser you use to view the Site to remove or limit the types of cookies that it accepts. More information about this is set out in the section “Managing Cookies” below.
What are Cookies?
Regarding any of the above categories of personal information that we process, SpearMC may disclose that information for a business purpose. SpearMC uses service providers, like all organizations. And those service providers may process Personal Information for operational purposes – such as detecting or protecting against security incidents, auditing, and performing services on behalf of SpearMC. For personal information that belongs to our clients, if the clients allow us to use “subcontractors,” then we may be disclosing personal information to those subcontractors which are acting as service providers, as part of our contractual performance on behalf of clients.
California Do Not Track Disclosures
When you visit a website (such as SpearMC’s website), your browser automatically shares certain information with that website, such as your IP address and other device information, which may also be considered Personal Data under applicable laws. Some of this data may also be sent to service providers (for example: advertisers, website analytic companies, etc.) that provide content on the website. Such sharing may allow the website and/or content providers to track you over time and across multiple websites. At this time, SpearMC’s website does not respond to Do Not Track beacons sent by browser plugins as there is not yet a common agreement about how to interpret Do Not Track signals from browsers. Please see our Cookies Policy to learn even more about cookies and similar technologies.
Cookies are small text files that are placed on your computer, mobile or another device that you are using to access that website, so that the website can remember and identify it. They contain anonymous information and will typically include the name of the domain from which the cookie has come; the “lifetime” of the cookie; and a value, usually a randomly generated unique number.
Cookies can be set by the owner of the website itself (“first party cookies”) or by other websites that provide content (such as advertising) for the website that you are viewing (“third party cookies”).
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
Web beacons are used for Google Analytics in order to communicate anonymous user data from our website to the Google Analytics database. A SpearMC in-house developer places the code on our site.
We may send a cookie which may be stored by your browser on your computer’s hard drive. We may also use that information to recognize your computer when you visit our Site, and to personalize our Site for you.
Some cookies used on the Site are temporary and remain on your device until you leave the Site, at which point they are deleted. These are often called session cookies. Session cookies are typically used on the Site to allow you to carry information across pages of the Site and avoid having to re-enter information, and to allow you to access stored information whilst you are logged into a user account on the Site.
Other cookies used on the Site remain on your device once you have left the Site (though how long will depend on the lifetime of the specific cookie). These are often called persistent cookies. Persistent cookies are typically used on the Site to help it recognize your device when you return to it, and to help us improve the structure of the Site by compiling anonymous, aggregated statistics that allow us to understand how users use the Site.
The cookies used by the Site can be grouped into three categories.
- Strictly necessary cookies. These are cookies that are required for the operation of the Site. They allow our web servers to respond to your actions on the Site and whilst browsing it. The Site will not work for you without these cookies.
- Analytical cookies. These cookies allow us to see how visitors move around the Site when they are using it. This helps us to improve the way the Site works, for example, by ensuring that users are finding what they are looking for easily, and also to analyze the effectiveness of our marketing campaigns.
- Functionality cookies. These are used to recognize you when you return to the Site in order to remember your preferences, and also allow us to provide certain aspects of the Site’s functionality.
Here’s a list of the [main] cookies we use on the Site, and what we use them for. We may, from time to time, update or modify our cookies. If we do, we will update this list.
You can disable the setting of cookies by Google Analytics by visiting:
Google will not associate your IP address with any other data held by Google. utma, utmb, utmc and umtz are the four main cookies set by the Google Analytics service which enable website owners to track visitor behaviour and measure site performance.
__utma: This cookie lasts for 2 years by default and distinguishes between users and sessions. It is used to calculate new and returning visitor statistics. The cookie is updated every time data is sent to Google Analytics. The lifespan of the cookie can be customized by website owners.
__utmb: This cookie determines new sessions and visits and expires after 30 minutes. The cookie is updated every time data is sent to Google Analytics. Any activity by a user within the 30 minute life span will count as a single visit, even if the user leaves and then returns to the site. A return after 30 minutes will count as a new visit, but a returning visitor.
__utmc: This cookie is not used in most sites but is set to enable interoperability with the older version of Google Analytics code known as Urchin. In older versions this was used in combination with the __utmb cookie to identify new sessions/visits for returning visitors. When used by Google Analytics this is always a session cookie which is destroyed when the user closes their browser. Where it is seen as a persistent cookie it is therefore likely to be a different technology setting the cookie.
__utmz: This cookie tracks where visitors have come to the SpearMC site, ie directly browsing to the site, using a search engine (tracks the search term used, etc.), as well as the geographical location of the visitor. It allows Google Analytics to report on how to “credit” a visit or successful ecommerce transaction.
Additionally there is also a cookie called “F5” which comes from the load balancer, to ensure that the visitor’s session is tied to the web server they initially get directed to in the load balancer rotation.
Click here for an overview of privacy at Google:
To opt out of being tracked by Google Analytics visit http://tools.google.com/dlpage/gaoptout.
This cookie is used to obtain information about whether a visitor has previously accepted the Cookies Policy. This cookie has a numeric value.