PRIVACY POLICY

Last Updated: August 1, 2022

Introduction

This Privacy Policy (hereinafter referred to as the “Privacy Policy”) is effective as of the date set forth above. Enavate Inc. (hereinafter referred to as the “We”, “Us”, or “Our”) is committed to honouring the privacy of Our users and visitors (hereinafter referred to as the “You” or “Your”).

This Privacy Policy describes how We collect and use Your information when You visit Our website https://www.enavate.com/ with all the subdomains widgets, plug-ins, content, downloads or other services that we make available through the Site (collectively, with the Site referred to as the “Service”). Unless otherwise specifically required by applicable law, by submitting information through the Service or as otherwise described in this Privacy Policy, or, even if You are not a user, by visiting the Service, You expressly consent to the collection, use and disclosure of information in accordance with this Privacy Policy. If You do not agree to this Privacy Policy, please do not access the Service or otherwise use the Services.

Please note that this Privacy Policy only addresses activities on the Service and Our servers, and does not govern the collection and use of information by Our merchants, Our business partners, or other companies that We do not control, nor by individuals not employed or managed by Us. If You visit another site mentioned or linked to on the Service, another entity may collect information about You and You should review its privacy policy before providing the site with information.

How We Collect Data

1. Information You provide

Account Setup

We collect information when You create or update Your account. This may include business name, a contact person’s name, mailing address, phone numbers, a valid email address, payment information (for certain paid services), demographic information, and certain other information indicated as required during account creation.

If You choose services that enable e-Commerce transactions, You will be required to identify merchant banking information. In connection with Your account registration, We may also ask for additional information, including the number of employees in Your company (if an entity), Your annual revenues, Your industry and other similar information. We use all such information to provide the Services to You, including to contact You, confirm Your identity and, if applicable, to invoice You.

Information created when You use Our site, Services, or contact Us

If You contact us through one of the phone numbers on the Service, We collect Your phone number and may record call audio. From chat support users, We collect personal information as well as information about the device and browser You use, Your network connection and Your IP address. From forum users, We collect certain personal information, including Your name, email address and website URL.

Use of Our Tools

We also collect information when You download and run certain analytics or evaluation tools that we publish that assist us in providing Service ("Tools"). The Tools may collect information about You and Your computer, server, and hardware to generate outputs advertised as features of the Tools.

2. Information from other sources

Automatically Collected Information

We automatically collect certain information and analytical data related to Your visits to and use of the Services (see “Cookies and Third-Party Technologies” below). Such automatically collected information may include the date and time of Your visit, page navigation, the IP address of Your computer or mobile device, Your computer or mobile device browser information, the Internet address that You visited prior to and after reaching the Site or Services, the name of the domain and host You used to access the Internet, the type of mobile device You use, Your mobile device’s unique device ID or other unique identifier and the features of the Service and Services which You accessed. IP addresses recorded by Our log files are not linked to personal identifiers.

Our Partners

We collect personal Information from Our partners, which include individuals and businesses that have entered into a partnership agreement with Us. Our partners can include referral partners, developers, technology partners and solution partners. We also collect personal information about Your customers from Our partners in accordance with their applicable privacy policy. We use all such information to provide the services to You, including to contact You and confirm Your identity and to improve the services so that You can better serve Your customers.

Social Media

The Service may use social media features, such as the Facebook “like” button (hereinafter referred to as the “Social Media Features”). These features may collect Your IP address and which page You are visiting on the Service, and may set a Cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about Your activities on the Service to a profile page of Yours that is provided by a third party social media network in order to share with others within Your network. Social Media Features are either hosted by a third party or hosted directly on the Service. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.

3. Cookies and Third-Party Technologies

Cookies

A cookie (“Cookie”) is a small amount of data or pieces of text, which may include a unique identifier, and is typically sent to and stored on Your browser or device. Cookies are generally by websites to improve the browsing experience of a user. They typically enable websites to remember preferences and understand how people navigate or use a website, and can be used to provide a user with more relevant marketing and advertising.

Clear Gifs

When You use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from Your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Service better for our users.

Types of Cookies

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Service and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of Cookies on the Service.

Functionality Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Service, such as remembering Your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Service.

Tracking and Performance Cookies

Type: Persistent Cookies
Administered by: Us and Third-Parties
Purpose: These Cookies are used to track information about traffic to the Service and how users use the Service. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device You use to access the Service. We may also use these Cookies to test new pages, features or new functionality of the Service to see how our users react to them.

Opting Out

If You prefer not to accept Cookies, You can set Your browser to either completely disallow Cookies or have a browser alert You when a site is using a Cookie. The exact method of disabling Cookies varies depending on the browser You are using; please consult the Help option in Your browser for specific directions. Please note that if You reject or block all Cookies in Your browser settings, You will not be able to take full advantage of the Service as some Cookies are necessary for the site to function properly. We have implemented and use Display Advertising to allow for Google Analytics Remarketing. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google Ads Settings can also use the Google Analytics opt-out browser plug-in to prevent their data from being collected and used by Google Analytics.

Advertising industry opt out tools.

You can also use these opt out options to limit use of Your information for interest-based advertising by participating companies:

• Digital Advertising Alliance for Websites: outout.aboutads.info
• Digital Advertising Alliance for Mobile Apps: https://youradchoices.com/appchoices
• Network Advertising Initiative: optout.networkadvertising.org

Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, You will need to opt out on every browser and device that You use.

Third-Party Cookies

Third parties that have content embedded on the Service such as a social feature may set Cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific website from a certain IP address. Third parties cannot collect any other personal information from Our websites unless You provide it to them directly. Any third party Cookie usage is governed by the policy of the third party placing the Cookies.

How We Use Information We Collect

Internal Use

We use information that we collect about You or that You provide to us, including any personal information:

• To provide the products, services, features, programs, content and information You request.
• To contact You regarding products, services, programs, promotions or special events we believe may be of interest to You.
• To operate, maintain, and provide to You the best possible features, products, services, content and functionality of the Service, and overall customer experience.
• To analyze visits to the Service and learn about the interests, preferences, demographics and behaviors of our visitors in the aggregate (e.g., across the country) and also on a personal level, so we can improve our products, services and programs and deliver to You the type of content, features, products, services, programs and promotions that You are most interested in.
• To process registration requests when You register for our programs, services or promotions, or otherwise administer Your participation in our programs, services or promotions.
• To respond to Your questions, requests, comments or complaints, and determine Your satisfaction with our products, programs and services.
• To carry out our obligations and enforce our rights arising from any contracts entered into between You and us, including for billing and collection.
• To notify You about changes to the Service or to provide You with notices about Your account, including expiration and renewal notices.
• To compare and review Your personal information for errors, omissions and accuracy.
• To prevent, detect or investigate any fraudulent, abusive or illegal act.
• In any other way we may describe at or around the time You provide the information.
• For any other purpose with Your consent.

We will not use or disclose any personal information, except:

• as necessary to provide the Service;
• in the aggregate with other information in such a way so that Your identity cannot reasonably be determined (for example, statistical compilations);
• as required by law, or based on Our good faith belief that it is necessary to conform or comply with the law;
• to prevent or investigate possible wrongdoing in connection with the Service;
• to outside auditors who have agreed to keep the information confidential;
• to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion of Our assets;
• as necessary to protect Our rights, safety, or property, Our users, or others;
• and as otherwise described in this Privacy Policy or to which You have consented.

We do not sell, rent or trade Your personal information to third parties.

We will not use any personal information We may collect from You or Your customers to intentionally contact or market to You. Notwithstanding the foregoing, unless You are a customer of Enavate, We will not use information collected from the Tools to market goods or services to You.

Data Sharing and Disclosure

We may share the information We collect about You:

With Our subsidiaries and affiliates

We may share information with Our subsidiaries and affiliates to help Us provide the Service or conduct data processing on Our behalf.

With Our service providers and business partners

We may provide information to Our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:

• payment processors;
• cloud services providers;
• marketing partners and marketing platform providers;
• data analytics providers;
• research partners, including those performing surveys or research projects in partnership with Us or on Our behalf;
• vendors that assist Us to enhance the safety and security of the Service;
• advisors, lawyers, accountants and other professional service providers.

For legal reasons or in the event of a dispute

We may share Your information if We believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.

This includes sharing Your information with law enforcement officials, government authorities or other third parties as necessary to enforce agreements or other policies, to protect Our rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to Your use of the Service.

Business Transfers

We may share or transfer Your information if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, Your and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

With Your consent

We may share Your information other than as described in this Privacy Policy if We notify You and You consent to the sharing.

GDPR Privacy Rights

If You are located in the European Economic Area (the “EEA”), Our collection and use of Your information is also subject to Article 27 EU-General Data Protection Regulation (hereinafter referred to as the “GDPR”) and is handled as more specifically set forth below.

Grounds for Processing

The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, We process the information of EU users based on one or more of the grounds specified in the GDPR:

The processing is necessary to provide the Services and features You request:

• Your profile information, such as name, title, company name, email, phone number, address, area of interest, payment details, number of employees, annual revenues, industry that is necessary to provide the Services and to establish and maintain Your account, including to verify Your identity;
• collection and use of this information is a mandatory requirement of using the Service. You cannot use the Service without providing this information.

The processing is necessary to fulfill Our legal obligations:

• We are subject to legal requirements in the jurisdictions in which We operate that require Us to collect, process, disclose and retain Your personal data. We are subject to laws and regulations that require Us to collect and retain information about Your usage of the Service, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. We use Your information to comply with such laws.
• We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. We may also share information with law enforcement, or requests by third parties pursuant to legal processes.

The processing is necessary to protect the vital interests of Our users or of others:

• We may process personal information, including disclosing data to law enforcement authorities in case of threats to the safety of users or of others.

The processing is necessary for Our legitimate interests:

• to maintain and enhance Our users' safety and security. For example, We use Cookies to prevent fraudulent use of credentials;
• to inform law enforcement officials regarding criminal acts or threats to public safety.

The processing is necessary for the legitimate interests of other persons or parties:

• We may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws.

We rely on consent in connection with data collection or uses that are necessary:

• to optimize the Service and develop new services. This includes, for example, We use Cookies to provide a better experience for Our users;
• for marketing purposes. This includes, for example, using Cookies to provide a user with more relevant marketing and advertising or use of email to provide news and information about Us.

Transferring Personal Data from the EU to the US

We have Our headquarters in the United States. Information we collect from You will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR.

We rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, We collect and transfers to the U.S. personal data only: with Your consent; to perform a contract with You; or to fulfil a compelling Our legitimate interest in a manner that does not outweigh Your rights and freedoms.

We endeavor to apply suitable safeguards to protect the privacy and security of Your personal information and to use it only consistent with Your relationship with Us and the practices described in this Privacy Policy.

Your Rights

You have the following rights:

• right of access – the right to ask Us for copies of Your personal data;
• right to rectification – the right to ask Us to rectify information You think is inaccurate. You also have the right to ask Us to complete information You think is incomplete;
• right to erasure – the right to ask Us to erase Your personal data in certain circumstances stated in the GDPR;
• right to restriction of processing – the right to ask Us to restrict the processing of Your personal data in certain circumstances stated in the GDPR;
• right to object to processing – the right to object to the processing of Your personal data in certain circumstances stated in the GDPR;
• right to data portability – the right to ask that We transfer the information You gave Us to another organisation, or to You, in certain circumstances stated in the GPDR.

You are not required to pay any charge for exercising Your rights. If You make a request, we have one month to respond to You.

You can exercise any of the rights described above by sending a request to the email address: privacy@enavate.com or by contacting Our Data Protection Officer. Your request must include Your name, contact information, right that You want to exercise, personal data processed by Us, details and reason/justification for such request.

Withdrawal of Consent

You are entitled to withdraw consent at any time You wish, without affecting the lawfulness of processing based on consent before the withdrawal.

You may exercise the right to withdraw consent by filling in the appropriate form of withdrawal at https://www.enavate.com/privacy-policy-withdraw-consent or by sending a request to the email address: privacy@enavate.com.

The request for withdrawal of consent shall be verified within 72 hours since the respective request was received. We shall inform You of the progress and the outcome of the request.

Data Controller

Enavate, Inc.  

7887 East Belleview Avenue, Suite 600,  

Englewood, Colorado, United States of America

Questions, comments and complaints about Our data practices can be submitted to us via:

Address: 7887 E. Belleview Avenue, Suite 600, Englewood, CO 80111 USA  

Email: privacy@enavate.com  

Phone number: 303 469 2346

Complaints

You have the right to lodge a complaint with a supervisory authority if You consider that the processing of Your personal data infringes the GDPR.
You may exercise the right to lodge a complaint with

Danish Data Protection Agency
Borgergade 28, 5.
1300 København K

Email: dt@datatilsynet.dk
Phone number: 33 19 32 00

California Privacy Rights

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Use and Sharing of Personal Information

We may use or disclose the personal information we collect in the section above entitled “How We Use Information We Collect.”

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category D: Commercial information.
• Category I: Professional or employment-related information.
  
  

Sales of Personal Information

We do not sell Your Personal Information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes Your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to You about our collection and use of Your personal information over the past 12 months. Once we receive and confirm Your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to You:

• The categories of personal information we collected about You.
• The categories of sources for the personal information we collected about You.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about You (also called a data portability request).
• If we sold or disclosed Your personal information for a business purpose, two separate lists disclosing:
  
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of Your personal information that we collected from You and retained, subject to certain exceptions. Once we receive and confirm Your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) Your personal information from our records, unless an exception applies.

We may deny Your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with us.
  Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

We do not provide these deletion rights for business-to-business personal information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at +1 303 469 2346.
• Emailing us at privacy@enavate.com.
• Visiting https://www.enavate.com/privacy-policy-withdraw-consent.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

We cannot respond to Your request or provide You with personal information if we cannot verify Your identity or authority to make the request and confirm the personal information relates to You.

Non-Discrimination

We will not discriminate against You for exercising any of Your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny You goods or services.
• Charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide You a different level or quality of goods or services.
• Suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services.

Shine the Light

California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of the Service that are California residents to request and obtain from us a list of what personal information (if any) we have shared with third parties or corporate affiliates for those entities’ direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

If You are a California resident and would like a copy of this notice, please submit a written request to the following address: privacy@enavate.com. For all requests, You must put the statement “California Privacy Rights Notice” in the body of Your request, as well as Your name, street address, city, state, and zip code. You also need to attest to the fact that You are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email or facsimile, and we are not responsible for notices that are not labelled or sent properly, or that do not contain complete information.

Do Not Track Disclosures

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that Your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.

Your Age

Our Service is not intended for use by people under 18 years of age and we do not knowingly collect information from people under the age of 18. No one under the age of 18 may provide information on the Service. By using or accessing the Service, You acknowledge that You are 18 years old and have all rights necessary to conclude an agreement with Us and to provide Us with consent for the processing of Your personal data. We shall not be liable for any consequences if it becomes clear that You have not reached the age of 18 at the moment of the agreement is being concluded or the consent is being provided.
If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If You believe we might have any information from or about a child under 18 please contact us at privacy@enavate.com.

Security

You use the Service at Your own risk. Although We have implemented technical, administrative, and organizational measures designed to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction, no Internet or e-mail transmission is ever fully secure or error free. We recommend that You take special care in deciding what information You send to us via the Service or e-mail. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

Updates to the Privacy Policy

We may occasionally update this Privacy Policy. If We make significant changes, We will notify You of the changes on the Service or through others means, such as email. To the extent permitted under applicable law, by using the Service after such notice, You consent to Our updates to this Privacy Policy.

We encourage You to periodically review this Privacy Policy for the latest information on Our privacy practices.