Effective Date:  January 8, 2024

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Thank you for doing business with Tablecloth, Inc. (“Tablecloth,” “Company,” “we,” “our,” or “us”).  We welcome you and hope you find our websites, applications, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful.  We have adopted this privacy policy (“Privacy Policy”) to help our website visitors, our current and potential clients, employees of our clients, fund managers, and other business partners (“you” or “your,”) understand what Data we process and how and why we do so, and what your rights are in regards to that Data.

We always seek to improve our Services to you, and that requires that we process information about you and your usage preferences.  As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.

In this Privacy Policy, we use the word “Data” to describe all the information we process that relates to you and your use of our Services.  “Data” is broken into different categories, which are defined in the “Data We Process and How We Use It” section of this Privacy Policy.  We may refer to the different categories separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy.  The term “Data” does not apply to information which does not relate to an identified or identifiable individual or to personal information or data rendered anonymous in such a manner that the individual is not or no longer identifiable (“Anonymized Data”).  We may use Anonymized Data for our own purposes in any manner and without attribution or compensation to any person.

This Privacy Policy applies to everybody who interacts with our Services. Because different portions of the Privacy Policy will apply differently to the various groups who interact with us, we have tried to clearly categorize the types of Data we process and how we do so. If you have any questions about this Privacy Policy or how we handle your Data, please email us at legal@tablecloth.io.

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1.  DESCRIPTION OF SERVICES

Tablecloth provides an impact analytics platform that uses next-generation tools, applications, and data integrations to help our clients collect and analyze data regarding their own operations and personnel to analyze their progress in environmental, social, and governance and track their progress in reaching their sustainable development goals.

In this Privacy Policy, all the tools and services made available in connection with the Services, including our app, tools, and any other services that we provide directly to you, whether now known or developed later, are included in the term “Services.”  

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2.  LAWFUL BASIS FOR PROCESSING

Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data.  We do that in Section 4 and throughout this Privacy Policy.  In general, our lawful basis for processing your Data is based on your specific consent or your contract with us.  

By accessing or using any of the Services or by otherwise interacting with us online, you consent to our processing of your Data as described in this Privacy Policy.  If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease processing your Data.  However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use Anonymized Data for use by us in connection with our legitimate business efforts in the future.  In addition, your withdrawal of consent does not prevent us from processing Data if we are required or allowed to do so by applicable law or in order to preserve legal claims or if processed pursuant to a different lawful basis.  For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you.  In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.

In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.  

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3.  INTENDED USERS

The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregiver.  Other than for Data processed for the specific purpose of providing the Services to users, we do not knowingly process Data from users who are under 13. If we become aware that we have processed Data from a person under 13, except to provide the Services to such person, and except to the extent allowed or required by law, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have processed Data from a person under 13 in contravention of this policy, please contact us at legal@tablecloth.io.

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4.  DATA WE PROCESS AND HOW WE USE IT

Listed below are the categories of Data we process when you use our Services. We never sell your Data, and we always have a lawful basis for processing the Data, but that lawful basis might be different for different categories, and we describe those uses below.  Regardless, we never process the Data for any purpose other than the purpose for which we processed the Data in the first place, unless we get your prior explicit consent.  

A.  Identifying Data  

1. Data Description:  Identifying Data consists of the name, email address, street address, and other contact information that may be uploaded to the Services, whether you are using the Services on behalf of your employer as a function of your employment, individually when you either sign up for the Services, or respond to surveys or other data requests from an employer or other third party. If you upload Identifying Data of another individual, we rely on your compliance with your agreement with us to upload such Data. Identifying Data also includes any username, password, client type and account or services end date, if any. Please note that we may allow individuals to access our Services using single sign-on or another secure login method. Such access may include participation of a third-party service provider. You consent to our processing of Identifying Data using any additional sign-on process.
2. Lawful Basis for Processing:  Our lawful basis for processing Identifying Data is (1) our contract with you or affiliated parties of your employer, (2) our legitimate interest in providing that data as a service provider for your employer, or (3) your consent.  We can only provide certain of the Services to you if we have the Identifying Data, so we need to process that Identifying Data during the term of our contract.  Even when the Identifying Data is not critically necessary to the provision of the Services, we may still process that Identifying Data to facilitate our contractual interactions with you or a related third party.  
3. How We Use It and Who We Share It With:  Identifying Data is accessible only to us and to you and when required, your employer.  We use it only to provide the Services to you and your employer.  In limited circumstances, we may share your Identifying Data with our service providers, which parties help us provide the Services and are under obligations to protect the confidentiality of your Identifying Data. At times, we will share the Identifying Data with other third parties at your request or to fulfill requests that you make of us.  We may also use your Identifying Data to offer our own goods or services to you, either directly through emails or through third party platforms, but you may opt out of those officers at any time.  We will never share your username or password with any third party. Further, we will never share or sell your sensitive personal information without your written consent.

B.  Engagement Data

1. Data Description:  Engagement Data consists of all the information you input or record using the Services, except as otherwise stated in this Privacy Policy.  It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as “Usage Data” below) that is processed by the Services.  For example, Engagement Data includes employee interaction information, personal information about you and your employees, census demographic information, payroll information, and internal company communications, among other things.  If you are an employee who is asked to respond to a survey, Engagement Data includes information that you input in response to the survey(s), which may include information about your workplace, your employer, other employees, and your own personal characteristics such as race, gender, age, and other sensitive personal information.
2. Lawful Basis for Processing:  Our lawful basis for processing Engagement Data is (1) our contract with you or affiliated parties of your employer, (2) our legitimate interest in providing that data as a service provider for your employer, and/or (3) your consent.  
3. How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, and where it relates directly to a party who is your employer or who either provides services to you or receives services from you, to that party, in which case that party will be obligated to protect the confidentiality of your Engagement Data. In limited circumstances, we may also share your Engagement Data with our service providers, which parties help us provide the Services and are under obligations to protect the confidentiality of your Engagement Data.  We do not share Engagement Data with other third parties, except at your specific request.  We also do not convert Engagement Data to Anonymized Data for use for any purpose other than to provide the Services to you and your employer and to improve our knowledge of how our systems are used.

C.  Usage Data

1. Data Description:  Usage Data consists of the following and similar information:

• Information about your interactions with the Services, most commonly our website, which includes the date and time of any requests you make.  This also may include details of your use of Third-Party Applications and any advertising you receive via the Services.
• Adjustments you make to the default state of the Services, such as custom categories or settings.
• The timing of the information you post to the Services including messages you send and/or receive via the Services and your interactions with our customer service team, but not including the content of those interactions and messages, which would be included as Engagement Data.
• Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital
• Rights management, operating system, and application version.

1. Lawful Basis for Processing:  Our lawful basis for processing Usage Data is (1) our contract with you or affiliated parties of your employer, (2) our legitimate interest in providing that data as a service provider for your employer, and/or (3) your consent.    
2. How We Use It and Who We Share It With:  Usage Data is accessible to us and to you.  We do not share it with third parties, except at your specific request, but we may use Usage Data to make improvements to the Services.  Both during the term of our agreement with you and thereafter, we may also convert Usage Data into Anonymized Data for us to use in our sole discretion (including to share or sell Anonymized Data, which is not Data).  To the extent we are required to delete any Usage Data about you, we may still retain Anonymized Data that may have originated as your Usage Data.

D.  Payment Data

1. Data Description:  Payment Data is only processed when your use of the Services is subject to the payment of a fee or other charge.  Payment Data is the information necessary to process your payments for premium Services.  Payment Data will vary depending on the payment method you use (e.g. direct via your mobile phone carrier or by invoice) but may include information such as:

• Name;
• Date of birth;
• Certain credit card information used to reference a credit card;
• Address and postal code; and
• Mobile phone number

2. Lawful Basis for Processing:  Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Payment Data we receive from you.  

3. How We Use It and Who We Share It With:  Payment Data is only used to facilitate payment, and we only communicate it to those parties who are strictly necessary for that purpose. Please note that we do not directly process your Payment Data. We use third-party services that are PCI compliant to process all Payment Data.

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E.  Survey

When you are an employee of our client, you may be asked to respond to one or more surveys, as set forth above in the “Engagement Data” section. Generally, your survey responses (“Survey Data”) are included in “Engagement Data.” However, notwithstanding the provisions that relate to other Engagement Data, your Survey Data is generally, but not always made available to your employers or to any third party as Anonymized Data.

5.  SHARING YOUR INFORMATION

Except where a specific limitation is noted above, we may share your Data as follows:

1. At Your Instruction. If you request us to make your Data available to a third party, and such request furthers the purposes of our Services, we will do so.
2. Sharing with Vendors.  In certain cases, we use the services of third-party vendors, to assist us in providing the Services.  We may share your Data with such vendors solely for that purpose, and we will require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.
3. Third-Party Offers. We may allow other companies to offer you their products and services, including offers through our Services, co-branded pages hosted by the third parties, or via email. Whether or not you decide to participate in any such offers is up to you. If you purchase a product or service on a co-branded page, or via a third-party offer on our Services that requires you to submit financial and personal information, you are also consenting to our delivery of this information to that party. The offer will notify you if any financial or personally identifiable information will be shared. Such third party will be authorized to use this information in keeping with our contractual relationship with them and in accordance with their own privacy policy and information practices. We do not control these third parties and you agree that we are not liable for their acts, or any failure to act on their part.
4. Third-Party Advertising. We may use aggregated, statistical information to describe our membership and to establish advertising and other business relationships with third parties. We may serve you with targeted advertisements based on your personal or profile information, but we do not provide any of this personal or profile information to an advertiser or any third party with the exception of those uses expressly disclosed in this policy. However, if you click or view an ad on our Services then you consent to the likelihood that the advertiser will assume that you meet the targeting criteria, if any, used to display such ad, and as described above, you will be subject to the advertiser's privacy policy and information processing practices (if any).
5. Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending emails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we may provide certain Data, such as your name and email address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing, or using this information for any other purposes.
6. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you.  We will not be required to obtain your consent for such a transfer.
7. Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.
8. Publicly Disclosed Data.  Certain items of Data are always publicly available, such as your username and the company you belong to.

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If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that new purpose for processing, we will only do so after obtaining your specific consent.

Further, we do not sell or share (as defined in the CPRA) your Data for any purpose.

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6.  TECHNOLOGIES WE USE

The technologies we use for automatic Data processing may include the following:

• Cookies (or browser cookies).  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
• Web Beacons. Pages of the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Other Technologies.  We may also use device identifiers, local storage, html modifiers, and different types of caching to help us understand the devices and users who access the Services.  Those methods include device identifiers that are either hardware-based or software-based, persistent or non-persistent, and which may identify either a device or a software module within a device (such as a web browser).  

“Do Not Track” Options

Your web browser(s) may offer a “Do Not Track” option, which allows the individual to signal to operators of websites and web applications and services (including behavioral advertising services) that he or she does not wish such operators to track certain of his or her online activities over time and across different websites. We do our best to support Do Not Track requests but cannot guarantee full support based on the variety of internet browsers and technologies which means that we may process information about your online activity both while you are using the Services and after your use of the Services.

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7.  YOUR RIGHTS REGARDING YOUR DATA

Under applicable data protection, privacy, and other laws, you may have certain rights related to your access and control of your Data. Such rights may include the following:

1. The right to access, correct, update, or request deletion of your Data.
2. The right to object to processing or restrict the processing of your Data (Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services).
3. The right to request portability of your Data.
4. The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.
5. The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making.
6. The right to submit a complaint to any applicable regulatory authority about our processing activities.
7. The right to opt-out of us sharing (as defined in the CPRA) your Data, including for direct marketing purposes, subject to certain legal exceptions.
8. The right to limit use, disclosure, and restrict sensitive personal information (as defined in the CPRA).

We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.

This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods in this Privacy Policy.

Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.

Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.

We will try to comply with your request(s) as soon as reasonably practicable and at the very least as required under applicable law. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.

Further, you may opt-out or disable certain functions on your particular device, preventing us from processing Data. For example, you may disable geolocation or GPS functionality on your mobile device or disable push notifications. If you disable such features, your ability to use and access the Services may be limited.

To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at legal@tablecloth.io.

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8.  PRIVACY FOR EU/UK RESIDENTS

The General Data Protection Regulation made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects the data we process and how we process that data.  This Privacy Policy does that, and we hope that if you have any questions for us regarding our data processing, you will write us at legal@tablecloth.io.  

The GDPR also requires that we have a lawful basis for our processing of any personal data about an individual residing in the European Economic Area.  For an individual browsing our website or otherwise accessing our Services, our lawful basis is our legitimate interest in providing the Services to you in the manner that you desire, and all the Data that we process from such individuals will be used only for those purposes, as described in this Privacy Policy.  For an individual purchasing products from us, our lawful basis is the contract under which you purchase products, and the Data we process from such individuals will be processed only in connection with our contractual relationship with you and only in a manner that furthers the purposes of that contractual relationship, as set forth in this Privacy Policy.  

For employees and other authorized users operating in their role as administrators or users of our Services, our lawful basis is the legitimate interest we have in providing the Services to their employer.  

The GDPR also requires us to take appropriate technical and organizational measures to protect the security of Data relating to residents of the European Economic Area.  We make commercially reasonable efforts to ensure the privacy and security of the Data of our visitors and customers, and we are happy to give you a complete description of our most current efforts, if you will write us at legal@tablecloth.io.

We are based in the United States. By accessing or using the Services or otherwise providing information to us, you understand that your information will be subject to processing in and to the United States.

Due to the nature of our Services, we typically act as a “Processor” as defined under the GDPR. If you believe that this role should be defined differently, please contact us at legal@tablecloth.io.  

Pursuant to the GDPR, residents of the European Economic Area have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we hold about you. You may also correct, amend, or delete the Data we hold about you, subject to our rights and obligations under the GDPR, as described in this Privacy Policy. Individuals who seek access, or who seek to correct, amend, or delete Data transferred to the United States, should direct their queries to legal@tablecloth.io.  If requested to remove Data, we will respond within a reasonable timeframe.

Further, if you are a resident of the United Kingdom (“UK”), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the “UK GDPR”) applies to us, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.

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9.  PRIVACY FOR CALIFORNIA RESIDENTS

California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act (“CPRA”), which fully took effect January 1, 2023.  We comply with the requirements of the CCPA and CPRA to the extent they apply to us.  

If you are a California resident, you may request to exercise your rights for any Data we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.

Due to the nature of our Services, we typically act as a “service provider” as defined under the CCPA and CPRA. If you believe that this role should be defined differently, please contact us legal@tablecloth.io.

For more information, please direct your questions to us at legal@tablecloth.io.

10.  PRIVACY FOR CANADIAN RESIDENTS

The Personal Information Protection and Electronic Documents Act (“PIPEDA”) governs the processing and use of personal information in Canada. While we do not directly operate in Canada, we have many clients that operate in Canada and may transfer Data originating or related to Canadian citizens to us as part of our Services. We strive to comply with PIPEDA to the extent it and other Canadian privacy laws apply to us and our Services. If you have any questions about your rights under PIPEDA, please contact us legal@tablecloth.io.

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11.  PRIVACY FOR AUSTRALIAN RESIDENTS

The Privacy Right Act of 1988 (“Act”) and all subsequent laws and regulations strengthening the Act govern the processing and use of personal information in Australia. While we do not directly operate in Australia, we have many clients that operate in Australia and may transfer Data originating or related to Australian citizens to us as part of our Services. We strive to comply with the Act to the extent it and other Australian data privacy and protection laws apply to us and our Services. If you have any questions about your rights under the Act, please contact us legal@tablecloth.io.

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12.  PRIVACY FOR OTHER JURISDICTIONS

We strive to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply to us and our Services. We strive to be transparent about our data processing activities and have disclosed our practices throughout this Privacy Policy. If you have any questions about your rights under any applicable data protection and privacy laws, please contact us legal@tablecloth.io.

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13. SECURITY

The security of your Data is important to us. We use commercially reasonable efforts to process your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

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14.  THIRD-PARTY POLICIES

You may be able to access third-party websites and other tools and services or products via a link, or via our other tools. The privacy policies of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any offering, site or other products and Services used in connection with the Services.  The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

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15.  DATA RETENTION

We will keep your Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain Data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of Anonymized Data, account recovery, or if required by law. All retained Data will remain subject to the terms of this Privacy Policy.

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16.  AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this Privacy Policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

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17.  CONTACT US

You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at legal@tablecloth.io. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.

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