EOS DATA ANALYTICS INC.
Effective Date: [18 September 2019]
Starting on May 25, 2018, users of the EOSDA website(s), products, services and applications (the “Services”) will be requested and required to give express prior consent to the processing of their personal data by EOSDA when making use of the Services.
Additionally, if users need to ensure an adequate level of protection in a third country to support international data transfers by executing European Union Standard Contractual Clauses, EOSDA is prepared to assist. If you are a controller or processor and intend to transfer personal data from within the European Union, provide personal data of data subjects who are in the European Union, or are otherwise subject to GDPR when supplying personal data EOSDA, you have the option to execute EOSDA’s Personal Data Processing addendum. In such case, please contact email@example.com
Any complaints against EOSDA can be submitted to a data protection authority (DPA) in the EU.
It should be noted that EOSDA is subject to the investigatory and enforcement powers of the FTC. Furthermore, under certain conditions, an individual can invoke binding arbitration.
Data Protection Law means (i) Directive 95/46/EC and, from May 25, 2018, Regulation (EU) 2016/679 ("GDPR") together with applicable legislation implementing or supplementing the same or otherwise relating to the processing of Personal Data of natural persons, and (ii) to the extent not included in sub-clause (i), the Data Protection Act 1998 of the United Kingdom, as amended from time to time, and including any substantially similar legislation that replaces the DPA 1998.
- Information We Collect
- User Content
- How We Use Your Information
- How We Disclose Your Information
- How We Disclose Your Personal Data
- Data Retention and Correctness
- Cookies and Other Tracking Mechanisms
- Third-Party Analytics
- Do Not Track Disclosure
- Third-Party Links
- How to Access and Control Your Personal Data
- Your Choices
- Contact Us
- Governing Law
Information We Collect
We collect information about you directly from you, from third parties, and automatically through your use of our Services. We may combine information collected from or about you from these various sources. You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a product or feature, you may not be able to use that product or feature. The data we collect depends on the context of your interactions with EOSDA, the choices you make, including your privacy settings, and the products and features you use.
Information We Collect Directly from You.
We collect information about you directly from you. For example, if you create an account with us, we will collect your name, email address, and password. If you pay for our Services, we will collect information necessary to process your payment, such as credit card information and billing address. We will also collect any other information that you provide to us through our Services, such as your email address if you sign up to get updates from us or your company name and country if you provide us with optional profile information.
Information We Collect About You from Third Parties.
We also collect information about you from third parties. For example, if you log into our Services using a third-party platform (e.g., Facebook, Google, or LinkedIn), then we may collect the following information:
- Facebook. If you log into our Services using Facebook, you must enter your Facebook email address and password. We will ask that you grant us permission to access and collect your email address, name, and profile picture. If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public on Facebook.
- Google. If you log into our Services using Google, you must enter your Google email address and password. By logging in through Google, you are granting us access to your email address, name, and profile picture.
- LinkedIn. If you log into our Services using LinkedIn, you must enter your LinkedIn email address and password. By logging in through LinkedIn, you are granting us access to your email address, name, and profile picture.
Information We Collect Automatically Through Our Services.
We automatically collect information about you through your use of our Services, including, without limitation:
- Log information, such as your Internet protocol (IP) address, the type of browser you are using, information about the device you are using, domain name, the website that led you to our Services, the website to which you go after leaving our Services, your location, and the dates and times you access our Services.
- Usage information, such as numbers of the scenes viewed by user, the combination of bands selected or used by user, and the types of analytics or algorithms a user applies.
Please see our Cookies and Other Tracking Mechanisms section below for more information. We may combine information we collect automatically with information we collect directly from you or from third parties.
How We Use Your Information
We may use your information, including personal information and User Content, for the following purposes:
- Providing and Improving Our Services. To provide and maintain our Services; to improve our Services; to develop new features, products, or services; to authenticate users; to perform technical operations, such as updating software; to validate our users and ensure their qualifications to use our Services; and for other customer service and support purposes.
- Marketing and Communications. To communicate with you about your account and use of our Services, including providing you with product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Our communications with you may include communications via email. Please see our section regarding Your Choices for more information about how to change your communications preferences.
- Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
In carrying out these purposes, we combine data we collect to give you a more personalized experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number.
EOSDA shall notify User in writing without undue delay if it can no longer comply with its obligations under the Privacy Shield, and, in such a case, EOSDA will have the option of (i) promptly taking reasonable steps to remediate any non-compliance with applicable obligations under this Section, or (ii) engaging in a good faith dialogue with User to determine a new data transfer mechanism to carry out the purposes of the Terms. EOSDA acts as a Processor with respect to Personal Data received pursuant to a data transfer covered by the Privacy Shield, and principles 1 (notice), 2 (choice), and 5b (retention) and related supplemental principles shall only apply to EOSDA to the extent that the User has reasonably determined, after consultation with EOSDA, that EOSDA is the appropriate Party to implement the principle or related supplemental principle and EOSDA has agreed to implement measures to address those requirements. The User will bear the full cost of EOSDA’s implementation of such measures.
In the event the Privacy Shield is invalidated, User and EOSDA (as "data importer"), with effect from the commencement of the relevant transfer, shall enter into the Controller to Processor SCCs (mutatis mutandis, as the case may be) in respect of any transfer (or onward transfer) from User to EOSDA, where such transfer would otherwise be prohibited by applicable Data Protection Laws or by the terms of data transfer agreements put in place to address applicable Data Protection Laws.
For onward transfers to a third party, EOSDA will ask the third party recipient that the data is only processed for limited and specified purposes consistent with the consent provided to the EOSDA.
How We Disclose Your Information
We may disclose your information, including personal information and User Content, as described to you at the time of collection or disclosure or as follows:
- Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to third-party service providers to process payments on our behalf.
- Business Transfers. We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
- Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.
- Aggregate and De-Identified Information. We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
How We Disclose Your Personal Data
We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. When you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction.
In addition, we share personal data among EOSDA-controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.
Finally, we will access, transfer, disclose, and preserve personal data, when we have a good faith belief that doing so is necessary to:
- comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies;
- protect our customers, for example to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone;
- operate and maintain the security of our products, including to prevent or stop an attack on our computer systems or networks;
Please note that some of our products include links to products of third parties whose privacy practices differ from EOSDA's. If you provide personal data to any of those products, your data is governed by their privacy statements.
Data Retention and Correctness
Irrespective of the above, EOSDA may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce EOSDA user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
In compliance with the Privacy Shield Principles, EOS Data Analytics Inc. commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact EOS Data Analytics firstname.lastname@example.org
How to Access and Control Your Personal Data
You can view, edit, or delete your personal data online for many EOSDA products. You can also make choices about EOSDA's collection and use of your data. How you can access or control your personal data will depend on which products you use. You can always contact EOSDA by email@example.com. We will respond to requests to access or delete your personal data within thirty (30) calendar days.
We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL EOSDA (OR ITS LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO EOSDA IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Opting out of Marketing Emails. We may send periodic promotional emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.
In certain circumstances, as proscribed by the EU-U.S. Privacy Shield Framework, EOSDA will claim liability or responsibility for onward transfers of data.
Any litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the EOSDA must and will be venued exclusively in the United States. The Terms and the relationship between you and us will be governed by the laws of the State of California and the federal laws of the United States applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.