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Tenacious Holdings, Inc. d/b/a Ergodyne (“Ergodyne”) makes reasonable efforts to protect the privacy of your Personal Information, and is committed to fair information practices. This policy covers Ergodyne’s use of Personal Information that it collects or receives when you use the website at www.ergodyne.com (the “Site”). By using our website, you are acknowledging that you have read, understood, and accept this this Privacy Policy.
In this Privacy Policy, any use of the words "you", "yours," or similar expressions refers to users of this website, and any other individuals whose information we collect and process. References to "we", "us, "our" or similar expressions refer to Ergodyne. This Policy does not extend to anyone whose Personal Information is not under our control or management, including data that is collected by other websites that you may visit before or after this website, and which are not governed by this Privacy Policy. We are not responsible for the data protection or privacy policies of any other websites, and accept no responsibility or liability for those policies. Please carefully check the policies of other websites and services you use before you visit or submit Personal Information.
1. Types of Information Collected
a. Personal Information Collected Personal Information means information that can be used to identify a specific individual, directly or indirectly. There are areas on the Site where you can share information that is unique to you; such as your name, company name, postal address, e-mail address, phone number, zip code, and credit card information (collectively “Personal Information”). We may also collect the following types of information:
• Information you provide to us by completing forms on our website: For example, your name, contact, and address information, and any other information you may provide in the forms on our website;
• Information you provide to us by contacting us: Any Personal Information you may provide to us when you email or call us, such as name, phone number, employer, and any other details you provide in your communications. Ergodyne may also request your contact information for the purposes of having someone contact you for additional information, or in response to your request for information from us;
• Transaction information when you purchase products from us: For example, if you make purchases with your credit card, we use your credit card information for shipping, billing, and credit card validation purposes;
• Login information, such as username and password, that you may use to access limited entry or special feature areas of our website;
• Information about the ways people visit and interact with our website, such as traffic analytics, IP address, geolocation information, and other statistics; and
• Information about your activity on our websites, including your device information (such as your IP address, the type of device or browser you use, and your actions on the website.)
We will only use Personal Information to provide you with information, products, or services you have requested, or for other purposes set out in this Policy. Personal Information does not include aggregate information from which individual identities have been removed.
b. Information from Children Ergodyne does not knowingly solicit or collect any Personal Information from anyone under 13 years of age, and children under 13 are not permitted to register for or use our services, include subscribing to receive information from Ergodyne. Parents can contact our customer service department to access, change, or delete the Personal Information that has been submitted by a child. If we become aware that a child under the age of 13 has provided us with Personal Information, we will delete it.
c. Cookies and Tracers Ergodyne may automatically collect information about you and your use of our Site whenever you visit this Site. For instance, we may collect various forms of information such as entry and exit points for our Site (i.e., referring URLs or domain names), site traffic statistics, operating system and browser type (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. In addition, when you request pages on our Site, our servers automatically log your IP address. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Ergodyne may store some information on your computer in the form of a “cookie” or similar file to help us maintain and improve this Site in many ways. A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please refer to your browser instructions to learn more about these functions. Enabling cookies allows you to take full advantage of all the features on the Site and we recommend that you leave them turned on. If you elect to block the cookies, we will not be able to provide you with a personalized experience on our Site.
In some instances, Ergodyne may use tracking scripts or "tracers" that recognize a unique identifier from a cookie placed on your hard drive by another website. These are used by Ergodyne solely to gauge the success of our own advertising. For instance, Ergodyne may use a tracer to determine whether you visit certain websites where Ergodyne may have placed a banner ad. Ergodyne does not use tracers to gather information on your use of the Internet unrelated to Ergodyne. Please note that Ergodyne does not use tracers to identify you personally.
BY ACCESSING OR USING THE SITE, YOU CONSENT TO ERGODYNE’S USE OF COOKIES ON YOUR COMPUTER OR MOBILE DEVICE HARD DRIVE.
2. Use of Information Collected
Ergodyne will use the Personal Information for the following purposes:
• To allow you log into and access your account;
• To deliver our products and services;
• To process any financial transactions you make on our Site.
• To keep your information secure, and to be able to verify your identity and contact information;
• To alert you about product updates, special offers, updated information and other news and services from Ergodyne;
• To ensure our website and services are relevant to you and your interests;
• To help us create and publish content most relevant to you; and
• To contact you in response to sign up forms or requests such as our Feedback or Contact Us forms.
3. Sharing of Personal Information
Ergodyne will not sell or rent any Personal Information about you, including its contents or your use of the Site, without your prior consent. However, we may share your information with certain trusted third-party services to help us provide, improve, promote, or protect our products and services. For example, we may store your data on a third-party data storage service to support delivery of our products or services. Whenever we share data with third-party services, we require that they use your information only for the purposes we’ve authorized, and that they protect your Personal Information at least to the same standards we do. Ergodyne may also share your Personal Information for the limited purposes noted below:
a. Business Transfers. As Ergodyne continues to develop its business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the obligations made in any pre-existing privacy policy.
b. Legal Obligations. Ergodyne may share your Personal Information if we have a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Ergodyne; (iii) enforce this Privacy Policy or the Website Terms and Conditions of Access and Use Agreement; (iv) protect the interests of other users of the Site or any other person; or (v) operate or conduct maintenance and repair of the Site or equipment.
c. Process Credit Card Transactions. Ergodyne uses Nodus Technologies Inc. to process credit card payments for any purchases made through the Site. Nodus’ privacy policy can be found here. Ergodyne makes no representations or warranties concerning Nodus’ privacy or data security practices.
Otherwise, your Personal Information is never shared with any individual or other organization.
4. Protection of Personal Information
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Ergodyne has put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the Personal Information that Ergodyne collects. Any payment transactions will be encrypted using SSL technology. Access to Personal Information will be restricted to our authorized personnel who require the information in order to perform their duties properly. In addition, access will be limited to only that information that is strictly necessary for the performance of those duties. We do not sell or provide your Personal Information to any third parties.
However, the safety and security of your information also depends on you. Where you have chosen or we have given you a user name and password for access to certain parts of the Site, you are responsible for keeping the user name and password confidential. DO NOT SHARE YOUR USER NAME AND PASSWORD WITH ANYONE. Although we do our best to protect your Personal Information, we cannot and do not guarantee the security of your Personal Information. ERGODYNE MAKES NO REPRESENTATIONS ABOUT THE SECURITY OF YOUR PERSONAL INFORMATION. YOU AGREE TO ASSUME ALL RISK IN AND SOLE RESPONSIBILITY FOR USING THE SITE INCLUDING, WITHOUT LIMITATION, ALL RISK OF INJURY DUE TO A DATA SECURITY BREACH.
5. Data Transfers
Because Ergodyne is a US-based company, your information may be collected and processed in the United States. Additionally, as part of the products and services offered to you through our Site, the information which we collect about you may be transferred to, and stored in, one or more countries other than where you currently reside. For example, this may occur if any of our servers or third-party service providers are located in a country other than yours. These countries may have different data protection laws that are similar to your current residence. However, if we transfer your information in this way, we will put in place appropriate protection to make sure your personal data remains adequately protected and is treated in line with this Privacy Policy.
6. European Union Residents
Data protection law in Europe requires a “lawful basis” for collecting and retaining Personal Information from residents of the European Economic Area. Our lawful bases include:
• Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver our goods and services, and assist with any questions you may have.
• Consent: we may ask your consent to process your Personal Information in some situations.
• Legal compliance: Sometimes the law says we need to collect and use your data.
• Legitimate interests: This is a term in data protection law that allows us to process your Personal Information if we have a fair reason to use your data, and only if we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in running our business, including delivering our products and services, fraud prevention, quality assurance, and marketing purposes, as long as our use of your data does not materially impact your rights, freedom or interests. This allows us to improve and develop the quality of the online experience we offer all our users.
7. Email Notifications
We try to keep email communications to a minimum, and give you the ability to opt in to any marketing communications we send. For example, we may send you email relating to the goods or services we provide. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time. You can always opt out of receiving email information or mobile device notifications from Ergodyne other than communications informing you of the completion of a purchase, user registration, correction of user data, or change of password, by logging into the Site and adjusting your user preferences in your account profile, or by sending us an email at support@ergodyne.com stating your request. If we have sent you a promotional email or mobile device notification, you may send us a return email or mobile device communication asking to be omitted from future email or mobile device distributions. This opt out does not apply to information provided to Ergodyne as a result of a product purchase, product service experience, or other transactions.
8. Release
You hereby waive, release, and forever discharge Ergodyne, its current and former affiliates, subsidiaries, related companies, predecessors, directors, officers, members, attorneys, or agents, from any and all losses, damages, costs, actions, suits, complaints, or injuries to You, whether known or unknown, liquidated or unliquidated, absolute or contingent, that are directly or indirectly related to, caused by, or arise out of a data security breach. In addition, You agree to at all times hold harmless, indemnify, defend, and forever release and discharge Ergodyne from and against any and all claims, liabilities, actions, or causes of action threatened or asserted against Ergodyne or that could be asserted against Ergodyne arising out of or resulting from a data security breach, or any commenced or threatened action by a third party against Ergodyne arising out of or relating to a data security breach.
9. Retention Policy
We will hold your Personal Information on our systems for as long as is necessary to perform the relevant processing activity, or as long as is set out in any relevant contract you hold with us. This is a case by case determination that depends on things like the nature of the data, why it is collected, why it is processed, and relevant legal or operational retention needs. For example, we may retain your data for as long as you maintain an account on our Site so that we may process and deliver your orders. We may also be legally required to hold some types of information to fulfil our statutory obligations. We review our retention periods for Personal Information on a regular basis. When the relevant processing activity has been completed, we may destroy your data, or alternatively anonymize the data in such a way that you are not personally identifiable, either directly or indirectly.
10. Control of Your Information
Users or website visitors residing in certain countries, such as the EU, are afforded certain rights regarding their Personal Information. Except where an exception or exemption applies, these rights may include the ability to access, correct, and request deletion of your Personal Information. While these rights are not globally applicable, our customers are entitled to access the Personal Information that we hold about them.
To ensure that your Personal Information is accurate, complete, and up to date, we urge you to provide us with updates regarding such information and to inform us of any errors affecting the Personal Information that we hold. If you have provided your Personal Information and your Personal Information changes (such as your address or telephone), or you want to delete your account, you can access and update any Personal Information that you provided to us by visiting your account profile page and making changes. Neither Ergodyne, nor you, can delete your Personal Information except by also deleting your user account. If you wish to delete the account, you must contact support@ergodyne.com to have the company complete this procedure.
If you have forgotten your password, once you have tried to register and failed, you can click on the “Forgot your password?” link to reach a page on which you can submit your email address. Your user name and password then will be emailed to you. You may also send us an email at support@ergodyne.com to request access to, correct, or delete any Personal Information that you have provided to us. Ergodyne uses this procedure to better safeguard your information. To protect your privacy and security, Ergodyne may also take reasonable steps to verify your identity before granting access or making corrections. We will generally respond to your request for information within thirty days, unless, for reasons beyond our control, a longer response time is necessary, in which case, you will be advised accordingly. Please note that we may retain certain information as required by law or as necessary for our legitimate business purposes.
11. Concerns and Complaints
If you are not completely satisfied with or wish to submit comments concerning this Privacy Policy or its application by us, we invite you to convey your concerns or suggestions to us. We will reply as quickly as possible and inform you of the steps, if any, that have been or will be taken in order to address the concern or implement the suggestion. If you have any questions about our privacy practices, please email us at support@ergodyne.com
Ergodyne strives to satisfy our customers’ and visitors’ privacy concerns. However, if you have contacted Ergodyne about your issue and are still unhappy with our response, and if you are also a resident of the European Economic Area, subject to applicable law, you also have the right to object to Ergodyne’s use of your Personal Information, and to lodge a complaint with your local data protection authority.
12. Updates and Changes to Privacy Policy
Ergodyne reserves the right, at any time, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site and notice of the change will be sent to you. Updates and changes to the Website Terms and Conditions of Use Agreement and the Privacy Policy will continue to govern your use of the Site even if you elect not to receive notice of such changes. This Privacy Policy was last updated on May 25, 2018.
13. How to Contact Us
Should you have other questions or concerns about our Privacy Policy, please send Ergodyne an e-mail to support@ergodyne.com.
