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For Individuals Subject to EU-GDPR

Effective date: July 17, 2018

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “Processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “Processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. EmployeeChannel will be the processor of your Personal Data in connection with the Services.

If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Where applicable, this GDPR Privacy Notice is intended to supplement, and not replace, other sections of EmployeeChannel’s Privacy Policy (the “Privacy Policy”). If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at legal@employeechannelinc.com.

What Personal Data Do We Collect from You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

Information We Collect Directly from You:

We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

  • First and last name
  • Email address
  • Mailing address
  • Telephone number
  • User content, for example, comments and posts you submit, or photographs you upload.

Information We Receive from Third Party Sources:

Some third parties provide us with Personal Data about you, such as the following:

  • Account Information for Third Party Services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Okta, Ping, or ADFS SSO services), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
  • Information from Our Advertising Partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.  

Information We Automatically Collect When You Use Our Services:

Some Personal Data is automatically collected when you use our Services, such as the following:

  • IP address
  • Device identifiers
  • Web browser information
  • Page view statistics
  • Browsing history
  • Usage information
  • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
  • Location information (e.g. IP address, zip code)
  • Log data (e.g. access times, hardware and software information)

Information We Collect from Your Employer:

Some personal data is collected from your employer to enable you to establish and verify your account. Other information (optional) is used to ensure you receive information based on your employer’s organization structure such as the following:

  • Email Address (work or personal)
  • Employer ID
  • Last four of you SSN or another National Identifier
  • Date of Birth
  • Fulltime/Part-time employment status
  • Organizational Identifiers e.g., division, department, cost center, management status, etc.

How Do We Use Your Personal Data?

We process Personal Data to operate, improve, understand and personalize our Services.  For example, we use Personal Data to:

  • Create and manage user profiles
  • Communicate with you about the Services
  • Contact you about Service announcements, updates or offers
  • Provide support and assistance for the Services
  • Personalize website content and communications based on your preferences
  • Meet contract or legal obligations
  • Respond to user inquiries
  • Fulfill user requests
  • Comply with our legal or contractual obligations
  • Resolve disputes
  • Protect against or deter fraudulent, illegal or harmful actions
  • Enforce our Terms of Service

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data access to our applications or Services, e.g. personalized views or content.

Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

Examples of these legitimate interests include:

  • Operation and improvement of our business, products and services
  • Marketing of our products and services
  • Provision of customer support
  • Protection from fraud or security threats
  • Compliance with legal obligations
  • Completion of corporate transactions 

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

  • Payment processors
  • Fraud prevention service providers
  • Ad networks
  • Analytics service providers
  • Staff augmentation and contract personnel 
  • Hosting service providers
  • Co-location service providers
  • Telecommunications service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

  • Other users (where you post information publicly or as otherwise necessary to affect a transaction initiated or authorized by you through the Services) 
  • Social media services (if you interact with them through your use of the Services)
  • Third party business partners who you access through the Services
  • Other parties authorized by you
  • Your employer

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
  • Maintain the security of our products and services
    We also share information with third parties when you give us consent to do so.

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?

In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, No data is transmitted without secure SSL transmission, All data is stored on encrypted volumes.  Our Servers are scan monthly for internal and external vulnerabilities  All source code is scanned before any release of code to production. Application servers and the application undergo manual penetration testing annually.  Further details about the protection mechanisms employed are contained in the ECI Information Security Policies and at https://cloud.google.com/security/overview/.

Personal Data of Children:

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from anyone under the age of 16.If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us.  If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at info@employeechannelinc.com.

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email info@employeechannelinc.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request. 

Access:  

  • For Users of www.employeechannelinc.com You can request more information about the Personal Data we hold about you and request a copy of such Personal Data by sending an email to info@employeechannelinc.com.
  • For Users of app.employeechannelinc.com or the mobile applications.  You can request the information that is contained in the EmployeeChannel application by submitting a request to your employer.  EmployeeChannel is NOT the system of record and any information about data subjects is obtained directly from your employer. 

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data..  You can correct this information by requesting that your employer supply us with the correct information via our change file process.

Erasure: You can request that we erase some or all of your Personal Data from our systems. 

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

Restriction of Processing:  You can ask us to restrict further processing of your Personal Data. (This may result in your account being deactivated.)

Right to File Complaint:  You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data:

The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to:

  1. a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087
  2. binding corporate rules for data protection that align with the GDPR’s requirements,
  3. adherence to an industry- or technology-specific approved code of conduct blessed by the EC.

What If You Have Questions Regarding Your Personal Data?

If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us using the following information:

  • Name: Mark Oney, SVP Product Operations, CISO or Earle Kirkland, ISO
  • Physical Address: 101 Montgomery Street, Suite 350, San Francisco, CA 94104
  • Email Address For Contact: info@employeechannelinc.com
  • Designated Representative and Contact Information: N/A
  • Data Protection Officer and Contact Information: N/A

 

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