Effective Date: August 3, 2017
Last Updated: January 12, 2021
- Information We Collect
- How We Use Personal Data We Collect
- Our Legal Basis for Collecting Personal Data
- Your Failure to Provide Personal Data
- Our Retention of Your Personal Data
- Sharing Personal Data
- Your Rights and Choices
- Rights Specific to European Union Residents
- Our Opt-in/Opt-out Policy
- Your Ad Choices
- Third Party Links
- International Transfer
- How We Protect Personal Data
- Children’s Privacy
- Direct Marketing and “Do Not Track” Signals
- Ekos Partner
- How to Contact Us
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.
Information We Collect
We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
When you use our Services, we collect Personal Data in the following ways:
Information You Give to Us
As you evaluate whether Ekos is the right solution for you, you may choose to provide us with Personal Data about yourself, including your name, mailing address, email address, telephone, age, gender by completing forms on our website, when creating and signing into your account, or providing reviews. Ekos currently uses a third party service provider to collect employment information which is linked from our website. We and our service partners may use your Personally Identifiable Information to operate our site and to deliver our services. For example, we work with a third party credit card processor in order to receive payments. We may also release your address information to a third party delivery service to deliver products that you order and/or provide order information to third parties that help us provide customer service.
The Sites offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other Users. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services.
Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, user name and password.
When your device syncs with Ekos’s application, certain data recorded on your device is transferred from your device to our servers.
Information We Obtain from Your Use of Our Services
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.
If you grant us access to your location, Ekos may collect information about your location when you use our Sites and Services. Your location can be determined by: IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Data you provide to us. Depending on the platform you use to access our Applications mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the Applications mobile application.
When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.
Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google Ads and Analytics, Microsoft Advertising, Outbrain, Hotjar, OptinMonster, Facebook, LinkedIn Ads, Marketo, Salesforce and similar partners.
The technologies we use for this automatic data collection may include:
Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
How We Use Personal Data We Collect
We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
- To present, operate or improve the Site and Services, including analysis of Site activity;
- To inform you about Services and products available from Ekos;
- To authorize access to our Sites and Services;
- To validate your identity or verify communications from you;
- To offer and administer programs;
- To customize or tailor your experience of the Services;
- To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
- To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
- For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
- To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
- To respond to and support users regarding their use of the Sites and Services;
- To process applications for employment that you submit through the Sites;
- To administer general recordkeeping;
- To comply with all applicable legal requirements;
- To perform data analysis and testing;
- To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
- To resolve disputes;
- To otherwise fulfill the purpose for which the information was provided.
We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Data to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Our Legal Basis for Collecting Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||– Identity|
|Performance of a contract with you|
|– Manage payments, fees and charges|
– Collect and recover money owed to us
– Marketing and Communications
|– Performance of a contract with you|
– Necessary for our legitimate interests
|To provide you with analytical information about your inventory through the use of our apps||– Identity||– Performance of a contract with you|
|To manage our relationship with you which will include:|
– Notifying you about changes to our terms or privacy notice
– Asking you to leave a review or take a survey
– Marketing and Communications
|– Performance of a contract with you|
– Necessary to comply with a legal obligation
– Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in an event, prize draw, competition or complete a survey||– Identity|
– Marketing and Communications
|– Performance of a contract with you|
– Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||– Identity|
|– Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)|
– Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||– Identity|
– Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||– Technical|
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||– Identity|
|– Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To evaluate potential employee candidates and conduct hiring decisions||– Employment history|
– Educational background
– Professional memberships
– Trade union membership
– Employee reference checks
|– Necessary to comply with a legal obligation|
Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.
Your Failure to Provide Personal Data
Your provision of Personal Data is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Data, you may not be able to access and use our Services, or parts of our Services.
Our Retention of Your Personal Data
We use and retain your Personal Data for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.
Sharing Personal Data
Ekos may disclose your Personal Data to commercial providers for a business purpose, which include verifying your identity when making a payment. When we disclose Personal Data for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for the purposes set forth in the contract.
We disclose your Personal Data for a business purpose to the following categories of third parties:
- Our affiliates;
- Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities available to our Users;
- Commercial providers;
- Enterprise accounts, such as your employer;
- Third parties to whom you or your agents authorize us to disclose your Personal Data in connection with the services we provide to you.
We may disclose your Personal Data for legal reasons. Specifically, we will share Personal Data with companies, organizations or individuals outside of Ekos if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Fulfill any purpose for which you provide it;
- Meet any applicable law, regulation, legal process or enforceable governmental request;
- Detect, prevent, or otherwise address fraud, security or technical issues;
- Protect against harm to the rights, property, assets or safety of Ekos, our Users or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
- For any other purpose disclosed when you provide the information; and,
- When we obtain your consent to do so.
We attempt to notify you about legal demands for your 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 overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
We may disclose such de-identified information publicly and to third parties, or to Ekos’ Partners under agreement with us.
Your Rights and Choices
You may have certain rights relating to your Personal Data, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your Personal Data. Subject to applicable law, you may obtain a copy of Personal Data we maintain about you. In addition, if you believe that Personal Data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
- Privacy Rights Specific to European Union Residents
The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom and Switzerland, provide European, Switzerland and United Kingdom residents with certain rights in connection with Personal Data you have shared with us. If you are resident in the European Economic Area, you may have the following rights:
- The right of access. You have the right to request a copy of your Personal Data which we hold about you.
- The right of correction. You have the right to request correction or changes of your Personal Data if it is found to be inaccurate or out of date.
- The right to withdraw consent. You have the right to withdraw a previously given consent for processing your Personal Data for a specific purpose.
- The right to be forgotten. You have the right to request us, at any time, to delete your Personal Data from our servers and to erase your Personal Data when it is no longer necessary for us to retain such data. Note, however, that deletion of your Personal Data will likely impact your ability to use our services.
- The right to object (opt-out). You have the right to opt-out of certain uses of your Personal Data, such as direct marketing, at any time.
- The right to data portability. You have the right to a “portable” copy of your Personal Data that you have submitted to us. Generally, this means your right to request that we move, copy or transmit your Personal Data stored on our servers or information technology environment to another service provider’s servers or information technology environment.
- The right to refuse to be subjected to automated decision making, including profiling. You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
- The right to lodge a complaint with a supervisory authority. You have the right to lodge complaints about our data processing activities by filing a complaint with us or with the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
You may exercise any of the rights described in this section by sending an email to via email to email@example.com. All customers may update or correct information about yourself by making changes to your profile or submitting a request via email to firstname.lastname@example.org. Please note that we may ask you to verify your identity and request before taking further action on your request. We may respond to your request by letter, email, telephone or any other suitable method. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the Services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt consistent with applicable law.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
- Our Opt-in/Opt-out Policy
We currently provide the following opt-out opportunities:
- At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.
- Your Ad Choices
As described above, we or third party partners may place or recognize a unique cookie on your browser when you visit our Sites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. Ekos is a participant in the online industry’s self-regulatory program administered by the DAA and has agreed to adhere to the DAA’s principles applicable to interest-based ads.
The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not Ekos. Ekos does not control or operate these tools or the choices that advertisers and others provide through these tools.
Third Party Links
The Sites may contain links to webpages operated by parties other than Ekos. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Ekos strongly recommends that each User review the third party’s terms and policies.
How We Protect Personal Data
Ekos maintains administrative, technical and physical safeguards designed to protect the user’s Personal Data and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.
Although we take reasonable steps designed to protect your Personal Data, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Data or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions.
The Sites and Services are not designed or intended to be used by anyone under the age of 18. If you are under the age of 18 (or a minor in the jurisdiction in which you are accessing our Sites or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Data to our Sites or submit any Personal Data via the Services. We do not knowingly or intentionally gather Personal Data about children who are under the age of 18. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 18 in the applicable jurisdiction, please contact us at email@example.com. If we learn that we have inadvertently collected the Personal Data of a child under 18, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.
Direct Marketing and “Do Not Track” Signals
Ekos does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
- Ekos Partner Information. We collect information about individuals within our Ekos Partners organization (“Partner Information”). Partner Information may include information related to the Partner’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Partner Information to support the Partner account, maintain our business relationship with the Partner, respond to Partner inquiries, or perform accounting functions. Ekos Partners may update personal information and password by logging into the Ekos Platform and updating their account. Ekos Partners may contact Ekos support in order to delete their Personal Data. In some cases, we may not be able to delete Partner Information, and in such cases we will tell you why.
- Information about our Partners’ Contacts. We collect information about any contacts, such as employees, customers, and others, that may be uploaded into the Ekos Platform (“Information about our Partners’ Contacts”). Information about our Partner’s Contacts may include name, e-mail address, phone number, job title, or similar kinds of information. We use Information about our Partner’s Contacts for the purposes of providing Services to such contacts. Ekos Partners may update or delete Information about their contacts in the Ekos Platform. Ekos Partners may also contact Ekos support in order to update and delete such information. In some cases, we may not be able to delete such information, and in such cases we will tell you why.
- Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our Ekos Partners. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Ekos Partners and the third parties they correspond with. We do not control or monitor the information our Ekos Partners collect and store through our services, or their privacy practices or policies. It is our Partner’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Partner’s communications and use of our services. Our Partner’s privacy policies or practices apply to Archival Information, the purposes for which the Partner collects Archival Information, how the Partner may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Partner in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Partner.
- Automatically Collected Information. We collect information automatically about how our Ekos Partners use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Ekos Partners with certain customized features. We may use Automatically Collected Information to tell us how our Ekos Partners use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.
We will retain Partner Information we process on behalf of our Ekos Partners for as long as needed to provide services to our Partner, or for the period of time requested by a particular Partner.
How to Contact Us
Via e-mail: firstname.lastname@example.org
By writing to us:
2520 N Brevard Street
Charlotte, North Carolina 28205