Engiven Privacy Policy

Your privacy is important to Us and this policy represents our commitment to safeguard and protect your personal information. This policy governs use of the Engiven website (the “Site”), which is provided by Engiven, Inc., a Delaware Corporation (“Company,” “we,” “us” or “our”). This Privacy Policy governs our collection of information from you (“you,” “your” or a “user”) through your use of the Site and all services available through the Site. It does not apply to any information you may provide to us through other means, including via mail or telephone. Please read this Privacy Policy carefully so that you understand our online privacy practices.

BY VISITING AND USING THE SITE YOU AGREE THAT YOUR VISIT, AND ANY DISPUTE OVER OUR ONLINE PRIVACY PRACTICES, IS GOVERNED BY THIS PRIVACY POLICY.

EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD. We seek to comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/.

When we receive personal information under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at the email address, phone number and/or mailing address listed at the bottom of this Privacy Policy.

We commit to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner, as applicable and comply with the advice given by the panel and Commissioner with regard to data transferred from the EU and Switzerland.

The Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

 

THE LEGAL BASIS WE HAVE FOR PROCESSING YOUR PERSONAL DATA

The GDPR requires data collectors, such as Engiven, to have a legal basis to use the personal data of EU residents. Therefore, this section shall apply to any such personal data collected by Engiven.

Engiven uses the personal data that you provide to supply you with high-quality products, content and services as you request, to send important notices, and for internal purposes such as auditing, data analysis, and research to provide you with the information you need.

We may also use your personal data as described in the HOW WE USE AND SHARE YOUR INFORMATION section below. In certain circumstances we may otherwise process your personal data if Engiven has a legitimate interest in doing so and Engiven is not infringing any of your rights and freedoms.

When Engiven processes your personal data for Engiven’s legitimate interests, Engiven will consider and balance any potential impact on you and your rights under data protection and any other relevant law. Our legitimate business interests do not override your interests. Engiven will not use your personal data in circumstances where your rights and freedoms override our legitimate interests, unless we have your consent or are otherwise required or permitted to by law.

TYPES OF INFORMATION WE COLLECT. We use the information gathered to better understand your needs, to improve the contents of our web pages and to monitor technical performance of our network. The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through optional registration; and (2) other information gathered as users navigate through the Site.

Information You Provide To Us.
We may collect and store information, personal or otherwise, that you voluntarily supply either while using our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name or email address) that you electronically submit to us for purposes such as registration for certain features on our Site, signing up for email newsletters or posting comments on message boards or any public posting areas on our Site. We may also ask for information (including a credit card number) from users who make a purchase or conduct other transactions on our Site. The information supplied helps us to provide the product or service requested, offer you more personalized features, and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services offered to users of the Site.

Other Information.
We also may collect and store information that is generated automatically as you navigate through our Site. For example, we employ a standard feature of browser software called a “cookie” to assign each user a unique, random number that resides on a user’s computer. The cookie does not personally identify the user; it merely identifies the computer with which the user accesses the Site. Unless a user voluntarily identifies himself or herself (through user registration, for example), the Site will not be able to ascertain the identity of the user, even if a cookie is assigned to a user’s computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information previously. Of course, you are free to set your web browser to disable cookies or otherwise limit the information we collect; however, if you do so it may render your computer unable to take advantage of the personalized features enjoyed by other users of the Site.

We also may use web beacons and other methods to access cookies and to count users who visit our Site or open our HTML-formatted email messages. Our Site’s servers automatically collect limited information about your computer’s connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site’s content to you upon request and to measure traffic within the Site.

We may use cookies, web beacons and similar technologies to collect non-personally identifiable information about users of our Site and about activity that occurs within our Site, and we may use this information to, among other things, serve targeted information including offers on our Site. The information collected allows us to analyze how users use the Site and to track user interests, trends and patterns.

HOW WE USE AND SHARE YOUR INFORMATION. We use the information we collect in a variety of ways, including using the information to customize features that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and sponsors, for a variety of purposes.

Our Use of Information.

The information we gather and collect enables us to provide the Site and to help you partake of our services. You agree that we may use your information to:

  • contact you for customer service purposes
    • contact you to inform you of important changes or additions to our Site or the services offered over our Site
    • to send you administrative notices, offers and any other communications that we believe may be of interest to you
    • operate, improve and maintain our products and services, including analyzing user behavior, and
    • administer promotions, provide features and display relevant content to you.

You may withdraw your permission and prevent our use of your information by contacting us using the contact information below.

Information We Share.

You consent to our sharing of information for the purposes described below:

1) Service Providers and Contractors:
We reserve the right to disclose to service providers and contractors all of the information that we collect online about you and other visitors to conduct business on our behalf. These activities could include processing payments, maintaining this Site, and providing business services to us or to you.

2) By Law or to Protect Rights:
We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce our intellectual property rights, or to protect the rights, property or safety of us and our employees, and if necessary to defend against third-party claims. We may also disclose information when requested to comply with a court order, investigation, or governmental request.

3) Business Transfers:
If we go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of our assets, you acknowledge and consent to the transfer of your information. You further acknowledge and consent to the continued use of your information by the recipient so long as they comply with this Privacy Policy.

4) With Your Consent:
We may share information when you provide us with your consent to do so. This may occur when you consent affirmatively or it may occur through your use of the Site as provided in this Policy. For instance, when you request information or services from our affiliates, partners, service providers, or other third parties through us, or when you post information to our Site, you provide your consent for us to share that information with others.

5) We Won’t Sell your Information:
We will not share your personal information with any third party who is not affiliated with us except as described in this privacy policy. We don’t like spam any more than you do and we will not share your personal information to be used for the purpose of sending you unsolicited commercial offers.

Please bear in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example through comments and participation in forums or through email – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

MODIFYING YOUR INFORMATION AND OPTING OUT. If you share information with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time. Please contact us by phone, email, or postal mail using the information below to effect changes.

HOW WE STORE YOUR DATA. Engiven cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet. Our servers are based in the United States, so your personal information will be hosted and processed by us in the United States.

HOW LONG WE KEEP YOUR DATA. We retain your personal data for the duration of your business relationship with us, and we hold your information only as long as necessary for each purpose we use it, unless we have obtained your consent to use for another or similar purpose.

ONLINE TRACKING. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services (unless otherwise stated in a service-specific privacy statement).

ADDITIONAL INFORMATION ABOUT US. We do not publish text, images, or multimedia content that portrays nudity, foul language, violence, or other information not suitable for children. The Site is not intended or directed to children under the age of 13 and we will not knowingly maintain personally identifiable information from or about anyone under 13. If it comes to our attention that we have collected personal data from such a person, we may delete this information without notice. If you have reason to believe that this has occurred, please contact us at the contact information listed at the end of this Privacy Policy.

CHANGES TO THIS POLICY. The Internet and relevant state and federal law is always evolving. We may modify this Privacy Policy at any time. If we need to change this Privacy Policy at some point in the future, we’ll post the modified Privacy Policy on this Site and update the Effective Date of the policy to reflect the date of the changes. If you are concerned with how your information is used you should check this webpage periodically. If we determine the changes are material, we may provide you with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

ADDITIONAL INFORMATION FOR EUROPEAN UNION USERS

“Personal data”. For users located in the EU, references to “personal information” in this policy are equivalent to what is commonly referred to as “personal data” in the EU.

About IP addresses. Our servers record the incoming IP addresses of visitors to our websites and store the IP addresses in log files. We use these log files for purposes such as system administration and maintenance, record keeping, tracking referring web sites, inferring your location, and security purposes (e.g. controlling abuse, spam and DDOS attacks). We also store IP addresses along with certain actions you take on our system. By agreeing to this privacy policy, you expressly consent to us using your IP address for the foregoing purposes. If you wish to opt out from the foregoing consent to use your IP address, you must cancel your account (if you have one) or not respond to a survey or other communication if requested to do so.

Data controller. We are the data controller for billing and other account information that we collect from users in the EU.

What are your data protection rights?

Our Company would like to make sure you are fully aware of all of your data protection rights as an EU resident. Every user is entitled to the following:

The right to access – You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.

The right to erasure – You have the right to request that Our Company erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Our Company’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us by completing the form located at: https://forms.gle/URaCPoy1iatPMguq7

Your responsibilities. By using our services, you agree to comply with applicable data protection requirements when collecting and using your survey data, such as requirements to inform respondents about the specific uses and disclosures of their data.

Consents. By using any of our services you expressly consent to the following:

  • You consent to the collection, use, disclosure and processing of your personal data in the manner described in this privacy policy, including our procedures relating to cookies, IP addresses and log files.
  • Our servers are based in the United States, so your personal data will be primarily processed by us in the United States. You consent to the transfer and processing of your personal data in the United States by us and by our service providers.
  • You consent and agree that we may transfer your data to data processors located in countries, including the United States, which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary, and you may revoke your consent by opting out at any time. Please note that if you opt-out, we may no longer be able to provide you our services.
  • You consent to us sharing your personal data with relevant persons working for service providers who assist us to provide our services.
  • If you have enabled cookies on your web browser, you consent to our use of cookies as described in this privacy policy.

SECURITY STATEMENT. If and when a user accesses secured areas of our Sites, Secure Sockets Layer (SSL) technology protects user information using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorized persons.

Our computer systems are hosted in a secure data center environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders. The data center is a highly protected environment with several levels of physical access security and 24-hour surveillance.

However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure. Therefore, we cannot guarantee absolute security. If we learn of a security systems breach that affects certain users, then we will attempt to notify those users electronically so that they can take appropriate protective steps.

ADDITIONAL PRIVACY QUESTIONS? If you have any questions or concerns about this Privacy Policy, please contact us via email at legal@engiven.com or by phone to (760) 302-4232.