EndearEndear

Privacy Policy

Last updated: March 8th, 2021

This Privacy Policy describes the types of information gathered by We Are Arthur, Inc. (“Endear,” “us,” or “we”) in the process of providing this website (the “Site”), computing application (the “App”), and the associated data, services, information, tools, functionality, updates and similar materials (collectively, the “Service”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Service.

By accessing or using the Service, you hereby consent to allow us to process information in accordance with this Privacy Policy. Please also refer to our Terms of Service, which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

We may revise or update this Privacy Policy by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your continued access to or use of the Service following our notice of changes to this Privacy Policy (or other acceptance method) means you accept such changes. Please refer to the “Last updated” date above to see when this Privacy Policy was last updated.

1.     Territoriality

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF AMERICA OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT THE LAW OF THE UNITED STATES OF AMERICA GOVERNS ANY SUCH COLLECTION AND PROCESSING.

If you are an individual and reside in the United Kingdom, the European Union, Switzerland, or elsewhere in the European Economic Area (collectively, and for the purposes of this Privacy Policy, the “EEA”), then the General Data Protection Regulation ("GDPR") shall apply to our practices regarding your “Personal Data” and you are considered a “Data Subject” as those terms are defined by the GDPR. For the purposes of the GDPR, we are both a data “Controller” and a data “Processor.”  Similarly, if you are an individual and reside in California, the California Consumer Privacy Act (“CCPA”) shall apply to our practice regarding your “personal information”, and you are a “consumer”, with certain rights in your personal information and we are a “third party”, as those terms are defined in the CCPA.  Personal Data, together with personal information, and all similar information shall be “Personal Information” for the purposes of this Privacy Policy.  We will take commercially reasonable steps to maintain compliance with GDPR and CCPA requirements.

2.     Information Collected

We collect two types of information about persons who use the Service: voluntarily provided Personal Information and non-personal information.

A.      Personal Information Collected

We collect certain personal information that can identify you, which may be supplied when you sign-up for the Service, when you create or update an account, when you use the Service, when you request services or otherwise when you submit such information. The personal information that may be collected from all Users includes:

  • Name;
  • Address;
  • Phone Number;
  • Date of Birth;
  • Gender;
  • Employment Information;
  • Username;
  • Email;
  • First party cookies;
  • Third party cookies; and
  • Location information.

You may choose not to provide Personal Information, but then you might not be able to take advantage of some of the features of our Service.

The Service may record photos, audio, and video. The Service may also request permission and access to your photo gallery, camera roll or other device storage area holding your images, audio, and videos in order for you to upload and transmit them through the Service.

The Service may make phone calls or send text messages if you permit such access in order to use certain features of the Service.

The Service may access the internet or use your mobile data plan in order to use certain features of the Service.

The Service may access your device to send you push notifications.

B.      Non-Personal Information

We also collect non-personally identifiable, public or anonymous information about you (“Non-Personal Information”), including but not limited to keystrokes and clicks while using the Service, the pages accessed most frequently, time spent on a page, how pages are used, previous page and referring page URLs, location information, and similar non-personal data. If you can be identified from this information, for example by combination with other pieces of information, then we will treat this information as Personal Information.

Non-Personal Information Automatically tracking Internet Protocol (“IP”) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Service may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools.

One of the features of the Service is communication with other users. Anything that you publicly post or communicate will not be considered Personal Information.

3.     Use of Information

A.      Internal Use of Collected Information

We collect information in order to provide the Service to you. We may also use this information to help us develop and improve our Service and other offerings, fulfill your requests, track usage trends, conduct experiments and perform research and analytics, send you or your device push notifications related to the Service from time-to-time, communicate with you regarding administrative matters, communicate promotional materials to you, tailor our Service and offerings to meet your interests and those of others, and for other purposes permitted by law. 

From time to time, we may share your Personal Information with companies that we have contracted with to provide certain services to Endear.

We may use anonymous, aggregate information, of which your information may be a part, without restriction.

B.      Sharing Collected Information with Third Parties, Consultants, and Affiliates

We may share information with our business associates, consultants, service providers, advisors and affiliates in order for them to provide services to us that enable us to provide the Service. For example, our host and internet service provider, and SaaS storage provider, may have access to this information.

Further, we may disclose collected information to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim or otherwise as permitted by applicable law. We may disclose any information in our possession in the event that we believe it necessary or appropriate to prevent criminal or illegal activity, personal injury, property damage or bodily harm.

Additionally, we may transfer or disclose your information, including any and all Personal Information to a third party or our successor in interest, in connection with, or as the result of, an acquisition, sale, asset sale, merger, reorganization, or bankruptcy involving Endear.

4.     E-Mail and Electronic Newsletters

We may offer electronic newsletters and e-mails concerning promotions, new products and services, or other marketing materials as a service to our users. You may receive newsletters and e-mails concerning promotions and marketing of ours, after you register through with the Service. If, after you have received a message, you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail, or by emailing us at legal@endearhq.com.

5.     Links

Our Service may contain links to other websites. We are not responsible for the privacy practices of such other sites. When you leave our Service to visit another website or application, please read the privacy statements of websites that may collect Personal Information. This Privacy Policy applies solely to information collected by us through the Service.

6.     How Do We Use Cookies And Other Network Technologies?

A.     To enhance your online experience with us, our web pages may presently or in the future use "cookies." Cookies are text files that our web server may place on your hard disk to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other Personal Information unless you choose to provide this information to us. Once you choose to provide Personal Information, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Services may not function properly without the aid of cookies.

B.     Our Service uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”).  Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may collect information regarding the use of other websites, apps and online resources.  For more information on how Google uses data when you use our Site or Service, please follow this link: https://policies.google.com/technologies/partner-sites.  You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout.  For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

C.    Endear, or our service providers, may also use "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with the Site and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ hard drives. Pixel Tags allow us and our service providers to count users who have visited certain pages of the Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.

D.    As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as "clickstream data”, can be collected and stored by a website's server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site.

7.     Storing and Protecting Your Information

We employ physical, organizational, and technical safeguards to secure your Personal Information against loss, theft, alteration, and unauthorized access, use and disclosure. We also employ security procedures to protect your information from unauthorized access by others, both inside and outside the company.

Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, we cannot ensure or warrant the security of any information you transmit to us.

If you are using the Service from outside of the United States, you understand that your connection will be through and to servers located in the United States and that any information you provided will be stored in the United States, and, because of this, may become subject to local laws.

We store your Personal Information until the earlier of your request that we remove it from our servers, or the end of Service with respect to your Personal Information. We store our logs and other technical records indefinitely.

8.     Access and Control

Users may view and edit their username and Personal Information through the Service by following the instructions on the Service, or by emailing us at legal@endearhq.com.

9.     Communication Tools

The Service may contain tools that enable you to share materials and other content, including Personal Information, including sensitive information, with others on the Service. Should you choose to use such tools, please exercise caution when sharing sensitive Personal Information.

10.  ‘European Union’ Privacy Rights.

If you currently reside in the EEA, the GDPR applies to your Personal Data and you are a Data Subject.  The GDPR requires that we, as a Controller, have a legal basis to process your Personal Data. 

A.     We process your Personal Data under one or more of the following legal bases:

·       To perform the contract that we are about to enter with you (e.g. our Terms of Service);

·       Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

·       To comply with a legal obligation; and/or

·       If we have your consent to do so, which you may revoke at any time.

B.     Under the GDPR, as a Data Subject you have certain rights. They are:

·       The right to be informed. This is your right to be informed about what they  are processing, why, and who else the data may be passed to.

·       The right of access. This is your right to see what data about you is held by us.

·       The right to rectification. This is the right to have your data corrected or amended if what is held is incorrected in some way.

·       The right to erasure. This is the right to have your personal data to be deleted in the event that such data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.

·       The right to restrict processing. This is the right to ask for a temporary halt to processing of your personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.

·       The right to data portability. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.

·       The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.

·       Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The service does not engage in automated decision making and profiling.

You can find instructions for enforcing some of these rights elsewhere in this Privacy Policy. Otherwise, if you wish to find out more about these rights, please contact us at legal@endearhq.com.

In the event that you contact us regarding Personal Information for which we are acting as a Processor, we may refer you to the Controller which has responsibility for your data and for fulfilling your request, or we may handle the request ourselves.

11.  California Privacy Rights.  To the extent that the CCPA applies to our practices with respect to personal information and you currently reside in California, the CCPA provides you with certain rights.

A.       Consumers Rights Under the CCPA

·       California consumers have the right to request that we disclose personal information we have collected about them in the previous 12 months including, but not limited to, the categories of information collected by us, the source(s) of such information by category, and the purpose for collecting such information.  This right may not be exercised more than twice in a 12 month period.  In the previous 12 months, we have collected the following categories of personal information about consumers:

o   Identifiers.  Identifiers can be your name, unique personal identifiers (device identifier, IP Address, cookies, beacons, pixel tags, mobile ad identifiers), email, phone number, and similar information;

o   Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”), which is similar in nature to Identifiers;

o   Commercial Information.  Commercial information includes records of personal property, products or services purchased, obtained or considered, or other purchased or consuming histories or tendencies;

o   Characteristics of Protected Classifications.  This category includes race, national origin, age, and gender;

o   Internet/Network Activity.  Internet Activity Information includes browsing history, cookies, search history and a consumer’s interaction with a website;

o   Additional Consumer Information. Additional Consumer Information encompasses any and all information that a Customer adds about their patrons to the Customer’s Account which may be CCPA personal information, but does not otherwise fit into another category; and

o   Inferences drawn from any other category of personal information.

 

We collect personal information in the above categories only from our Customers for the purposes described in this Privacy Policy, and as required to comply with applicable law.

 

·       As a California consumer, you also have the right to request that we tell you which of your personal information we have disclosed for a business purpose, or sold, in the previous 12 months.  With respect to personal information being disclosed for a business purpose, the consumer shall receive the categories of information disclosed and the types of entities they have been disclosed to.  This right may not be exercised more than twice in a 12 month period.  For personal information being sold, this includes the categories of information being sold and the categories of third parties to whom it is being sold.  In the past 12 months, we have disclosed personal information falling under the following categories of personal information:

o   Identifiers;

o   CCRLPI:

o   Characteristics of Protected Classifications;

o   Commercial Information;

o   Additional Consumer Information; and

o   Inferences drawn.

We disclose personal information in the preceding categories to the consumers themselves, to third parties as the consumer may direct, service providers, Customers, third parties that we have a business relationship with, potential/actual successors in interest, and government/law enforcement agencies for either the purpose it was provided/provision of Services, to comply with applicable law, or as otherwise described above in this Privacy Policy.

IN THE PAST 12 MONTHS WE HAVE NOT SOLD, AND DURING THE PERIOD OF TIME WHICH THIS PRIVACY POLICY IS POSTED WE SHALL NOT SELL, THE PERSONAL INFORMATION OF ANY CONSUMER, INCLUDING MINORS UNDER THE AGE OF 16.

·       You have the right to opt out of the sale of your personal information, if applicable.  While we are certain that we are not selling your personal information, if you have any doubt in your mind about this claim, please contact us.  To do so, please go to this address, [LINK], and follow the directions.  You may also email us at legal@endearhq.com with “Do Not Sell My Information” in the subject line.

·       You also have the right to request the deletion of the personal information that we have collected from you at any time.  However, we may not be required to comply with such request under several circumstances including, but not limited to, when the data is necessary for the underlying transaction, to comply with applicable law, to detect security incidents, to debug glitches, and for our internal purposes.

·       In the event that you exercise one of your rights under the CCPA, you have the right to not be discriminated against by us in any way, including by the denial of goods or services, providing you a different level of goods or services, or charging you different prices or rates for the goods or services, unless the change in price is reasonably related to the value you receive from your personal information.

B.       How Do you Exercise your rights under the CCPA?

·       Because we offer the Services exclusively online, you may submit your requests to exercise your rights under the CCPA by emailing us at legal@endearhq.com with “CCPA Request” in the subject line.  When submitting a request via email, please indicate which CCPA right you wish to exercise and provide sufficient information to allow us to locate your file. 

·       We will acknowledge receipt of your request within 10 business days of receiving it, and will do our very best to respond within 45 calendar days of receipt of your request, and in no event will our response come more than 90 days after receiving your request.  If we are unable to provide our response within the first 45 day window, we shall notify you as soon as we become aware of the possible delay and provide an explanation of why additional time is needed to respond.           

·       Before we respond to any CCPA based requests relating to your personal information, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent.  We do this to this avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way.  To do this, we will ask the Requestor to confirm at least two pieces of information that we have in our files.  As the sensitivity of the information being requested goes up, we will ask the Requestor to confirm more pieces of information. If an agent is acting on behalf of the consumer, we will need to also verify the agent’s identity and their authority to act on the consumer’s behalf.  For requests to delete information, after verification, we will confirm the consumer’s desire to delete one final time before actually deleting the information.  If the identity of the Requestor cannot be reasonably verified, either as the consumer or their agent, then in order to protect that consumer, we shall not disclose the personal information requested.

12.  Do Not Track

At this time, the Service does not specifically respond to do-not-track signals.

13.  Children and Privacy

We do not knowingly permit users to register for our Service if they are under 13 years old, and therefore do not request Personal Information from anyone under the age of 13. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 13 who has provided Personal Information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database.

14.  Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at legal@endearhq.com.

 

Copyright © We Are Arthur, Inc. All rights reserved. The Service is the property of Endear, and is protected by national and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.