Employee Cycle Privacy Policy

Effective Date: September 3, 2019

Introduction

Employee Cycle, Inc. (“Company” or “we”) respects your privacy and is committed to protecting it in accordance with our privacy policy (the “Privacy Policy”). Employee Cycle provides or makes available to you certain products and services, including:

• Our websites located at www.employeecycle.com (each a “Site” and collectively the “Sites”). The Devices, Mobile Apps, and Sites are collectively referred to as (collectively, the “Employee Cycle Products and Services”).Your access to and use of Employee Cycle Products and Services is subject to Company’s Terms of Use available at https://www.employeecycle.com/terms and any other applicable Terms of Use (each, a “Service Agreement”); and

This Privacy Policy describes:

This Privacy Policy is incorporated into and made part of Company’s Terms of Use and any applicable Service Agreement.

This Privacy Policy applies only to information we collect through the Employee Cycle Products and Services and from e-mail, text and other electronic communications sent through or in connection with the Employee Cycle Products and Services.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use any Employee Cycle Products and Services. By downloading, registering with or using any Employee Cycle Products and Services, or by consenting to be an emergency contact, you consent to the collection, use and disclosure of your information by Company in accordance with this Privacy Policy. This Privacy Policy may change from time to time. If we change our Privacy Policy, we will notify you by email, within the Mobile App, or on our Sites. Your continued use of any Employee Cycle Products and Services after we make changes to this Privacy Policy is deemed to be acceptance of those changes, so please check this webpage periodically for posted updates.

Governing Privacy Law

The Employee Cycle Products and Services are only intended for use in the United States. We make no representations that the Employee Cycle Products and Services are appropriate or available for use outside the United States. Those who access or use the Employee Cycle Products and Services from other countries do so at their own volition and risk and are entirely responsible for compliance with all applicable laws and regulations, and agree to be bound by United States privacy laws, which may be less restrictive than the privacy laws of their home jurisdiction. By using any Employee Cycle Products and Services, you consent to the transfer of any of your information to the United States.

What Information Do We Collect?

Information That You Give Us

We collect personal information from you when you submit it to us, including by: (1) signing up for our newsletter; (2) contacting us; or (3) participating in a Site promotion or survey. This information may include, for example, your name, email address, mailing address, and telephone number. We may combine the information we collect from you with information we receive about you from other sources.

We may collect personal information from you when you write a review on our Sites. However, we do not ask, and you should not enter, your full name anywhere in your review.

In some jurisdictions, individuals may have the right to opt-in or withdraw consent for certain uses. If you reside in such jurisdictions, you may have additional rights which are detailed below, “Access, Correction and Deletion.”

We Collect from or for Employers

If applicable, we may collect personal information from your employer (or from your employer’s human resource-related service providers with your employer’s authorization), solely in connection with and for the purpose of our providing services to your employer. Contact your employer for more information about the information that it shares with us or authorizes us to collect on its behalf.

Information We Collect Automatically

When you visit the Sites, we may collect certain information from you, including your Internet Protocol (IP) address, MAC address, browser type, operating system, device-identifying information, the specific web pages visited during your connection, and the domain name from which you accessed the Sites. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Sites, the areas or pages of the Sites that you visit, the amount of time you spend viewing the Sites, the number of times you return to the Sites and other clickstream data. We may also use non-personal or aggregated information for statistical analysis, research, and other purposes.

Like many commercial websites, we analyze how visitors use our Sites through what is known as “cookie” technology. A cookie is a small text file that is placed on your computer when you access the Sites and allows us to recognize you each time you visit the Sites. We may use cookies to: (1) enhance or personalize your Site experience; (2) monitor Site usage; (3) manage the Sites; and (4) improve the Sites and our products and services, including providing you with interest-based ads. For more information on our advertising, see below: “Interest-Based Advertising.” If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Sites, or that we may put on our Sites in the future. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness.

We may also use web beacons on the Sites, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your visit to the Sites, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Sites. Web beacons help us analyze our Site visitors’ behavior and measure the effectiveness of the Sites and our advertising. We may work with service providers that help us track, collect and analyze this information.

We may combine the information we collect through cookies and web beacons with other information we have collected from you or from other sources.

Use of Information

We may use the information we collect from and about you for any of the following purposes: (1) to respond to your inquiries; (2) to provide services to your employer, as applicable; (3) to review Site usage and operations; (4) to address problems with the Sites, our business or our services; (5) to protect the security or integrity of the Sites and our business; (6) to monitor the Sites for compliance with our terms of use and the law; (7) to contact you with Site updates, newsletters and other informational and promotional materials from us and third party marketing offers from our trusted partners, as well as from other companies; and (8) to provide interest-based advertising to you based on the way you browse on the Sites and other platforms.

If you sign up for our mailing list, we will send you informational emails about offers of services. At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the ‘unsubscribe’ button.

If you do not wish to receive communications from us about special offers and promotions, you can opt-out of receiving these communications by following the instructions contained in the messages you receive. Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the services we provide, and we may send you service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications. For more information about interest-based advertising, including how you can manage advertising, please see below “Interest-Based Advertising.”

With respect to personal information that we may share with your employer (as applicable), as described in this Privacy Policy, your employer is responsible for (1) limiting its use of such information as reasonably necessary or appropriate; (2) any notification or consent that may be required beyond this Privacy Policy; and (3) maintaining reasonable and appropriate confidentiality and security of any such shared personal information. We do not guarantee that any information shared with your employer is accurate, true, complete, or current.

Subject to applicable law, we assume no responsibility for validating that appropriate consent has been obtained or that information contained in communications we send on behalf of employers is accurate, true, current, and complete. If you have any questions or concerns, we recommend that you contact your employer for more information about how your personal information may be shared and used in connection with the services we provide to your employer.

Disclosure of Information

We may disclose information collected from and about you as follows: (1) to our related companies and service providers, to perform a business, professional or technical support function for us; (2) to our marketing partners, advertisers or other third parties, who may contact you with their own offers; (3) as necessary if we believe that there has been a violation of the Site Terms of Use or of our rights or the rights of any third party; (4) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) in the event that our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets. We may also disclose your personal information with your express consent. We may share aggregate, non-personally identifiable information about Site users with third parties.

In the event we become aware that the security of the sites has been compromised or users’ personal information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with data protection and law enforcement authorities.

We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others. It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations; or (4) protect the security or integrity of our company. We attempt to notify customers about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order, or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are over-broad, vague or lack proper authority, but we do not promise to challenge every demand.

Interest-Based Advertising

We may use third-party advertising companies that use tracking technologies to serve our advertisements across the Internet. These companies may collect information about your visits to the Sites and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on non-affiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to the Sites and elsewhere over time. Other companies may also use such technology to advertise on our Sites.

You have the choice to tell us not to collect and use this information, and in some jurisdictions, we will only engage in interest-based advertising if you opt-in. If you would like more information about this practice and to know your choices concerning interest-based ads, visit:

http://www.networkadvertising.org/choices/

www.aboutads.info/choices

In Canada, please visit: http://youradchoices.ca/choices/

In the EU, please visit: http://www.youronlinechoices.eu/

Your Choices About Our Collection, Use and Disclosure of Your Information

We strive to provide you with options regarding the personal information you provide to us. You may modify the personal information on your account at any time. However, such modifications or deletions will only affect reports after the date of such modifications; any data associated with prior usage of the Employee Cycle Products and Services will remain unmodified. This section describes mechanisms we provide for you to control certain uses and disclosures over your information.

Tracking Technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Employee Cycle Products and Services may then be inaccessible or not function properly.

Location Information: You can choose whether or not to allow the Employee Cycle Products and Services to collect and use real-time information about your location. However, if you block the use of location information, many parts of the Employee Cycle Products and Services may then be inaccessible or not function properly.

Accessing and Correcting Your Personal Information

You may also send us an e-mail at privacy@employeecycle.com to request access to, correct or delete any personal information that you have provided to us. We reserve the right to decline requests that are excessive or would be disproportionately burdensome or expensive. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your tips, comments, posts or other publicly posted content (“User Contributions”) from the Employee Cycle Products and Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Employee Cycle Products and Services, including User Contributions, is governed by our Terms of Use.

Deactivating your Employee Cycle Account

You can deactivate your Employee Cycle account by contacting us at sales@employeecycle.com. When you do, data that can identify you and that is associated with your account will be removed from the Employee Cycle Products and Services. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Employee Cycle may continue to use your non-identifiable data and any Aggregated Data after you deactivate your account.

Data Security

Any sensitive information, in our sole and reasonable discretion, will be encrypted in transit using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Employee Cycle Products and Services, you are responsible for keeping this password confidential. You may not share your password with anyone. Be careful about giving out information in public areas of the Employee Cycle Products and Services. The information you share in public areas may be viewed by any User of the Employee Cycle Products and Services.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your personal information transmitted through the Employee Cycle Products and Services. Any transmission of personal information is at your own risk. If you send an email directly to us from your own email account, the contents will not be encrypted. Do not send sensitive information (like a credit card number or API tokens) to us via unencrypted email. We are not responsible for disclosure resulting from your privacy settings or from circumvention of any security measures we provide.

Children’s Privacy

Employee Cycle Products and Services are not intended for use by anyone under the age of 13. If you are under 13, please do not attempt to create an account or send any information about yourself to us, including your name, address, telephone number or email address. No one under the age of 13 may provide any personal information to us. We do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information from our applicable database. If you believe we have any information from or about a child under 13, or if you are aware of a user under the age of 13 using the Employee Cycle Products and Services directly, rather than through a parent or guardian, please contact us at please contact us at privacy@employeecycle.com.

Adults with Guardians, Conservators or Other Legal Supervision

No person who lacks the legal competence to enter into a contract may directly use the Employee Cycle Products and Services. A legal guardian, conservator or other person with the legal right to do so may subscribe to the Employee Cycle Products and Services to assist in the provision of care for such a person. Such legal guardian, conservator or other person with legal right shall be responsible for ensuring that the use of the Employee Cycle Products and Services is by such legal guardian, conservator or other person with legal right, and not by the person who lacks legal competence.

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once per calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2019 will receive information regarding 2018 sharing activities).

To obtain this information from the Company please send an email message to privacy@employeecycle.com with “Request for California Privacy Information” on the subject line and in the body of the message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Third Party Web Links

The Employee Cycle Products and Services or content contained therein may contain links to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. Such websites and services are not under our control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third party website or resource. If you follow a link to any of these websites, services, or resources, please note that these websites, services, or resources may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your Choices

We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile to advertising opt-outs and communication controls.

For personal information that we have about you, your principal rights under data protection law are:

(a) the right to access;

(b)        the right to rectification;

(c) the right to erasure;

(d)        the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h)        the right to withdraw consent.

You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed.

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b)        that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

          and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. If we make changes to how we treat our Users’ personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and we may, in our sole discretion, notify you by e-mail and/or text message to the primary e-mail address or phone number specified in your account or by an alert.

The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address and phone number for you and for periodically visiting this Privacy Policy webpage to check for any changes.

Changes to our Privacy Policy will apply to information collected after the date of the change.

Do Not Track

We currently do not respond to Do Not Track signals that may be sent by some browsers or other software. Personal information collected by us as described in this privacy policy is not maintained in personally identifiable form in combination with any identifier collected by cookies, web beacons or other technologies.

Visitors from Outside the United States—Cross-Border Transfer

The Sites are hosted in the United States. If you are visiting the Sites from outside the United States, your information may be transferred to, stored and processed in the United States or other countries in accordance with this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Sites and/or providing personal information to us, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Right to Lodge Complaints

We are transparent about the ways in which we collect and use personal information, and welcome your questions and concerns. If you have any concern or complaint about the way we handle your personal information, please contact us as described below. To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside and/or the United States. You may contact the US Federal Trade Commission regarding your concerns. For more information, please see https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc.

Contact Us

If you have questions or concerns about this Privacy Policy or how we collect and use the information of our customers, you can contact us by emailing us at bruce@employeecycle.com, or by postal address at Employee Cycle, Inc.; 1608 Walnut Street, Floor 12, Philadelphia, PA 19103; ATTN: Privacy Request, or by telephone at [267-456-6004].

If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.

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