Last Updated: September 25, 2018
Thank you for using OnCall Discovery!
Regardless of your Country of Residence, the Data Controller is OnCall Discovery, LLC.
1 INFORMATION WE COLLECT
There are three general categories of information we collect.
1.1 Information You Give to Us.
1.1.1 Information that is necessary for the use of the OnCall Discovery Platform.
We ask for and collect the following personal information about you when you use the OnCall Discovery Platform. This information is necessary for the adequate provision of advertised capabilities of the platform, and to allow us to comply with our legal obligations.
- Account Information. When you sign up for an OnCall Discovery Account, we require certain information such as your first name, last name, physical address, phone number, and email address.
- Profile Information. To use certain features of the OnCall Discovery Platform, we may ask you to provide additional information, which may include physical addresses of subsidiary locations, phone numbers, a description of services offered, and a company logo.
- Identity Verification Information. To help create and maintain a trusted environment, we require verification of your identity via an integration with LinkedIn.
- Payment Information. To use certain features of the OnCall Discovery Platform (such as creating a vendor profile), we may require you to provide certain financial information (like your credit card information) in order to facilitate the processing of payments.
1.2 Information We Automatically Collect from Your Use of the OnCall Discovery Platform.
When you use the OnCall Discovery Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionality of the OnCall Discovery Platform.
- Geo-location Information. When you use certain features of the OnCall Discovery Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. OnCall Discovery may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
- Usage Information. We collect information about your interactions with the OnCall Discovery Platform such as the pages or content you view, your searches, reviews you leave, and other actions on the OnCall Discovery Platform.
- Log Data and Device Information. We automatically collect log data and device information when you access and use the OnCall Discovery Platform, even if you have not created an OnCall Discovery Account or logged in. That information includes, among other things: details about how you’ve used the OnCall Discovery Platform, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the OnCall Discovery Platform.
- Payment Transaction Information. OnCall Discovery collects information related to your payment transactions through the OnCall Discovery Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and OnCall Discovery.
1.3 Information We Collect from Third Parties.
OnCall Discovery may collect information, including personal information, that others provide about you when they use the OnCall Discovery Platform, or obtain information from other sources and combine that with information we collect through the OnCall Discovery. We do not control, supervise or respond to how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Your Reviews. If someone has written a review about your firm, it will be published on your OnCall Discovery public profile page. Contact OCD to request arbitration if you feel a review is biased or inaccurate. See our Review Policy for guidance.
2 HOW WE USE INFORMATION WE COLLECT
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the OnCall Discovery Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the OnCall Discovery Platform.
- Enable you to access and use the OnCall Discovery Platform.
- Operate, protect, improve, and optimize the OnCall Discovery Platform and experience, such as by performing analytics and conducting research.
- Provide customer service.
- Send you service or support messages, updates, security alerts, and account notifications.
We process this information given our legitimate interest in improving the OnCall Discovery Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
2.2 Create and Maintain a Trusted and Safer Environment.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct security investigations and risk assessments.
- Verify or authenticate information or identifications provided by you (such as to verify your firm’s office locations).
- Comply with our legal obligations.
- Resolve any disputes and enforce our agreements with third parties.
- Enforce our Terms of Service and other policies.
- In connection with the activities above, we may conduct profiling based on your interactions with the OnCall Discovery Platform, your profile information and other content you submit to the OnCall Discovery Platform, and information obtained from third parties.
We process this information given our legitimate interest in protecting the OnCall Discovery Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about OnCall Discovery or partner campaigns and services) and social media advertising through social media platforms such as LinkedIn or Twitter).
- Personalize, measure, and improve our advertising.
- Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by OnCall Discovery.
- Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the OnCall Discovery Platform, information obtained from third parties, and your search history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing messages.
3 SHARING & DISCLOSURE
3.1 With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you participate in promotional activities conducted by OnCall Discovery.
3.2 Profiles and other Public Information.
The OnCall Discovery Platform lets you publish information, including personal information, that is visible to the general public. For example:
- Parts of your public profile page, such as your firm name, description of services, and city, are publicly visible to others.
- Clients may write Reviews and rate service providers. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the OnCall Discovery Platform.
- If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the OnCall Discovery Platform, that content is publicly visible.
Information you share publicly on the OnCall Discovery Platform may be indexed through third party search engines. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
3.3 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
OnCall Discovery may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against OnCall Discovery, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service or (v) to protect the rights, property or personal safety of OnCall Discovery, its employees, its Members, or members of the public.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the OnCall Discovery Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon OnCall Discovery’s property, its users and the OnCall Discovery Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
3.4 Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as LinkedIn, Twitter or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the OnCall Discovery Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by OnCall Discovery. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask OnCall Discovery to cease processing your data for these direct marketing purposes by sending an e-mail to opt-out@OnCall Discovery.com.
3.5 Business Transfers.
3.6 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4 OTHER IMPORTANT INFORMATION
4.1 Analyzing your Communications.
We may review, scan, or analyze your communications on the OnCall Discovery Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. In some cases, we may also scan, review, or analyze information to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some information, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your information to send third party marketing messages to you, and we will not sell reviews or analyses of information.
These activities are carried out based on OnCall Discovery’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
5 THIRD PARTY PARTNERS & INTEGRATIONS
The OnCall Discovery Platform may contain links to third party websites or services, such as eDiscovery service providers, third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). OnCall Discovery doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, OnCall Discovery, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
6 YOUR RIGHTS
You may exercise any of the rights described in this section by sending an email to email@example.com. Please note that we may ask you to verify your identity before taking further action on your request.
6.1 Managing Your Information.
You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your OnCall Discovery Account).
6.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the OnCall Discovery Platform to you, you can request that we erase your personal information and close your OnCall Discovery Account. Please note that if you request the erasure of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an OnCall Discovery Account for fraud or safety reasons, we may retain certain information from that OnCall Discovery Account to prevent that Member from opening a new OnCall Discovery Account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, OnCall Discovery may keep some of your information for tax, legal reporting and auditing obligations.
- Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the OnCall Discovery Platform, even after your OnCall Discovery Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
- Because we maintain the OnCall Discovery Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by OnCall Discovery you may withdraw your consent at any time by changing your Account settings or by sending a communication to OnCall Discovery specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of OnCall Discovery override your own.
6.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require OnCall Discovery not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing OnCall Discovery and/or OnCall Discovery Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask OnCall Discovery to cease processing your data for these direct marketing purposes by sending an e-mail to opt-out@OnCall Discovery.com.
6.7 Lodging Complaints.
You have the right to lodge complaints about the data processing activities carried out by OnCall Discovery before the competent data protection authorities.
7 OPERATING GLOBALLY
OnCall Discovery will process and store data in the United States, the laws of which may differ from the laws applicable to your Country of Residence. Where we transfer your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.
7.1 Other Means to Ensure an Adequate Level of Data Protection.
If OnCall Discovery Ireland is the Data Controller and your information is shared with corporate affiliates or third party service providers outside the EEA, we have – prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.
7.2 California & Vermont Residents.
OnCall Discovery will not share information it collects about you (both financial and non-financial), except as required or permitted by your state’s law.
7.4 California Privacy Rights.
California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. OnCall Discovery does not share personal information with third parties for their own direct marketing purposes.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your OnCall Discovery Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your OnCall Discovery Account, please contact us following the instructions in the Contact Us section below.
10 CONTACT US