1. INFORMATION WE COLLECT
1.1 Information We Collect and Receive. In order for you to use our Site and purchase our Products and Services, we need to collect and process certain types of information. Depending on your use of our Site and Services, this may include:
- Information you provide to us by completing forms on our website: For example, if you fill out our contact form on our website (available at https://www.ergodyne.com/contacts), we may collect other information you enter into that, or other 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 and Services from us: For example, if you make purchases with your credit card, we may use your credit card information for shipping, billing, and credit card validation purposes;
- Login information, such as username and password, that you may use in connection with our Services;
- Information about your activity through our Products and Services, including your device information, such as your IP address, the type of device or browser you use, and your actions on the Site.
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.
1.2 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 Site or Services, including by 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.
2. HOW WE USE INFORMATION
Ergodyne may use the personal information we collect 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. HOW INFORMATION MAY BE SHARED
Ergodyne will never sell or rent any of your personal information, and we will never share your personal information publicly without your consent. We only 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 the information described in Section 1.1 above with a third-party data storage service to support delivery of our Services and respond to customer service requests. We may also share your payment transaction data described in Section 1.1 with third-parties to process your payment transactions. 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.
We also reserve the right to disclose personal information when it is reasonably necessary to conduct our business, protect Ergodyne’s legal rights and property, legal transfers of business assets, and/or to comply with the law or law enforcement. Otherwise, your personal information is never shared with any individual or other organization.
4. PROTECTION OF YOUR PERSONAL INFORMATION
We take the security of your personal information seriously, and follow industry-standard practices to protect the data we collect and process. Ergodyne has therefore put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the personal information that Ergodyne collects. 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.
Remember, the safety and security of your information also depends on you. Where you have chosen, or where we have given you a user name and password for access to certain parts of the Site or Services, you are responsible for keeping the user name and password confidential. No method of transmission over the internet or electronic storage is completely secure, so Ergodyne cannot guarantee its absolute security. Ergodyne makes no representations about the security of your personal information. By accessing the Site or purchasing our Products and Services, you 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
6. BASIS FOR PROCESSING - 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 Products 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 for 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 Products and Services we offer. 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 certain required 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 email@example.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 purchase of the Products and Services, product service experience, or other transactions.
We will hold your personal information on our systems for as long as is necessary to perform the relevant processing activity for that information, 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 any 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.
9. PERSONAL INFORMATION REQUESTS - CALIFORNIA AND EUROPEAN UNION RESIDENTS
Users or Site visitors residing in certain locations, including the European Union and California (after January 1, 2020), may be afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights may include the ability to request disclosure of the information we have collected about you, as well as the right to review our data collection practices related to you, the ability to request deletion of your personal information, and the right not to be discriminated against due to your exercise of any of the preceding rights. While these rights are not globally applicable, all of our customers are entitled to request access to the personal information that we hold about them. Customers may also log into their accounts on the Site to view and manage personal information settings. To ensure that your personal information is accurate and complete, please contact us through the email address below regarding any errors or updates affecting the personal information that we may hold.
10. EU-US PRIVACY SHIELD
Ergodyne participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Ergodyne is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website.
Ergodyne is responsible for the processing of personal data that it receives through the Privacy Shield Framework that it subsequently transfers to a third party acting as an agent on its behalf. Ergodyne complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Ergodyne is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Ergodyne may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
11. QUESTIONS, COMMENTS, OR COMPLAINTS
Ergodyne strives to satisfy our customers’ and visitors’ privacy concerns. However, if you have contacted Ergodyne at the above email address about your issue and are still unhappy with our response, and if you are also a resident of the European Economic Area, you may contact your local EU Data Protection Authority (DPA) regarding your issue. Ergodyne commits to cooperate with the panel established by the EU DPAs, and to comply with the advice given by the panel with regard to data transferred from the EU. More information is available here.
>Finally, under certain conditions more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.