This Global Privacy Policy (“Policy”) explains how we collect, use, disclose, and protect visitors’ and users’ information as part of the Service. Any discussion of your use of the Service in this Policy is meant to include your visits and other interactions with the Sites and Services, whether or not you are a user of Echo Jockey’s SaaS product.
By Accessing and using our Service, you signify your acceptance to the terms of this Privacy Policy. I you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services.
As used in these Terms of Service, “we”, “us” and “Echo Jockey” means the applicable Echo Jockey Contracting Party (as defined in Section 3 below).
Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Privacy Policy, including any document referred to in this Privacy Policy, for the complete understanding of how we use your personal information. By using Echo Jocke or any Echo Jockey services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Protecting your privacy is important to us. This Global Privacy Policy is here to help you understand how we treat any personal information that you share with us when you use Echo Jockey (an Echo Jockey Inc. property) and/or visit our various sites.
As is standard, your continued use of Echo Jockey means you agree with this policy.
1. What “Personal Information” means
In this Policy, “Personal Information” means information or an information set that identifies or could be used to identify an individual directly or indirectly. Except as described in this Policy, Echo Jockey will not give, sell, rent, or loan any Personal Information to any third party.
Personal Information does not include “Usage Data” which we define as encoded or anonymized information or aggregated data we collect about a group or category of services, features, or users which does not contain personally identifying information. Usage Data helps us understand trends in usage of the Service so that we can better consider new features or otherwise tailor the Service. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Service as well as for advertising and marketing purposes.
WHICH MEANS
“Personal Information” is information someone can use to identify you.
2. How we collect, use, and share your Personal Information and other information
a. Information you provide to us
When you register for the Service, we may ask for Personal Information such as your name, email address, or credit card or other billing information. You may also provide at your own discretion certain related information like your personal social media websites, the date you started using the Service, or a description of yourself. Additionally, as you employ the Sites to calculate predictions, the software continuously saves changes made by you with the server and will document items such as when you are working and saving changes, when you last opened Echo Jockey, when predictions and assessments are published, or when you perform certain tasks.
We may also retain the contents of any messages you send to us or through the Service, and we may collect information you provide in user content that you post or upload to the Service (“User Content”).
Echo Jockey may use Personal Information provided to operate, improve upon, and personalize the Service, for billing identification and authentication, to contact and communicate with you about the Service and your use of the Service, to support use of the Service, to send marketing materials for research purposes, and to generally improve the content and functionality of the Service.
We may also combine your Personal Information with third-party analytics information to build a broader profile of our individual users so that we can serve you better and provide custom, personalized content and information. Additionally, we may use the Personal Information we collect for identification and authentication and fraud prevention, to analyze customer usage and improve the Service, for internal market research, troubleshooting problems, to enforce our Terms of Service, and as otherwise set forth in this Policy.
Note that we will never email you to ask for your account information. If you ever receive such an email, please forward it to [email protected]. For more information about our procedures in this regard, please review our Terms of Service.
We use financial information solely as authorized by you in accordance with the Service. We will use commercially reasonable efforts to ensure the security of all credit card and all other Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold Echo Jockey harmless for any damages that may result therefrom.
b. Information we may receive from and share with third parties
We may now or in the future receive Personal Information about you from third parties. For example, if you access our Site or Service through a third-party connection or log-in or connect an application to Echo Jockey, that third party you connected with may pass certain information about your use of its service to Echo Jockey. This information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service.
Echo Jockey may also share Personal Information with its third-party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other service we use to operate the Service and maintain a high-quality user experience. We do not permit our service providers to use the Personal Information we share for their marketing purposes.
c. Application integration
To facilitate the exchange of data between third-party SaaS applications, we may need to store certain information (“App Credentials”) that helps us access these third-party SaaS application accounts on your behalf. We store your App Credentials in an encrypted form.
When we access these third-party applications on your behalf, the third-party application provides us with access to certain data. We will use, store, and disclose this data in accordance with this Policy.
You should note that Echo Jockey shall have no liability or responsibility for the privacy practices or other actions of any third-party applications for which you provide us with App Credentials.
d. Other information sharing
We may be required to disclose Personal Information to respond to subpoenas, court orders, and law enforcement or governmental requests or investigations, or to establish or exercise our legal rights or defend against legal claims. We may also share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or our Terms of Service, or as otherwise required by law.
We use or may use information collected by cookies, log files, device identifiers, and clear GIFs information to:
(a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site
(b) provide custom, personalized content and information
(c) to provide and monitor the effectiveness of our Service
(d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, total number of predictions, prediction types, and Service usage patterns
(e) diagnose or fix technology problems
(f) help you efficiently access your information after you sign in
(g) to provide advertising to your browser or device, and
(h) automatically update the Echo Jockey application on your mobile devices.
We may share Personal Information with any member of the Echo Jockey team, which includes any entity that controls, is controlled by, or under common control with Echo Jockey.
WHICH MEANS
We ask for certain information, like your name, email address, and account credentials, to use Echo Jockey. We use this information to run Echo Jockey and other things mentioned in this policy (like logging and analytics). We also continuously save your work to keep it safe.
Echo Jockey won’t sell or rent your personal information to a third party.
Sometimes we aggregate user data anonymously to understand our customer base better.
We may connect with third-party services to improve your experience. These features are governed by the respective company’s privacy policy, so review your privacy settings there.
We collect some information from you automatically using cookies so we know when things go wrong, or to help us understand what parts of Echo Jockey need some improvement.
Sometimes the law or subpoenas require us to share information. We may also sometimes need to use information to investigate and prevent wrongful actions.
3. Echo Jockey Contracting Party
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If the billing address of your Business is located in the United States, Canada, Europe, Asia, or South America this applies to you:
a. “Echo Jockey Contracting Party” means Echo Jockey Inc., a Canadian corporation, with offices located at 125-720 King Street, Suite 217, Toronto, Ontario, M5V 3S5.
b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
b. You irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms of Service and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by Echo Jockey in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
WHICH MEANS
If a dispute arises you may bring an action to the Province of Ontario (Canada).
4. Links to other websites
The Service contains links to websites and applications other than the Service, including websites and applications operated by affiliates and other third parties. This Policy applies only to information collected by the Service.
Echo Jockey does not endorse and is not responsible for the practices of third parties or their websites or applications. We do not determine and are not responsible for the privacy practices or the content of websites or applications operated by third parties. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies.
We are not responsible for and we do not control any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to your User Content, you do so at your own risk.
WHICH MEANS
We sometimes link to third-party websites and services. Your use of those sites and services is governed by their respective policies, not ours. So be careful out there, folks.
5. Public forums
Our Service offers publicly accessible blogs and community forums. If you elect to post something in a public area of our Service, any Personal Information or content that you voluntarily disclose for posting to the Service, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.
To request removal of your Personal Information from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove all your Personal Information.
WHICH MEANS
Our blogs and community forums are accessible to the public, so any information provided in these areas, including your personal information, may be read, collected, and used by the public. If you need personal info removed, you can email us at [email protected] and we’ll remove it, if possible.
6. Customer testimonials / comments / reviews
From time to time, we post customer testimonials on the Sites which may contain Personal Information. We always obtain the customers’ consent prior to posting their names along with their testimonials.
7. Protection of information
Echo Jockey is committed to ensuring the security of your Personal Information. We use commercially reasonable technological, physical, and administrative security safeguards, such as firewalls and carefully developed security features, to protect the confidentiality and security of your Personal Information within the Service and the Sites. When you enter confidential information (such as login credentials or information submitted from within the Service) we encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures, and other measures are used in an effort to ensure that your data is safe, secure, and only available to you and to those you authorized to access your data.
However, no internet, email, or other electronic transmission is ever fully secure or error-free, so you should take care in deciding what information you send to us in this way. Echo Jockey is not responsible for the functionality or security measures of any third party.
WHICH MEANS
The security of your information is extremely important to us. We take many steps to ensure your personal information is safe by using commercially reasonable technology and security safeguards. We are not responsible for the security measures of any third party.
8. Hosting and data transfer
We are based in Canada and the United States, but, unless we expressly agree otherwise (including through our Terms), we may host, transfer, and process data, including Personal Information, in Canada and the United States and in other countries through Echo Jockey and third parties that we use to operate and manage the Service. These countries may have data protection laws that are different from those of your country of residence. Echo Jockey takes appropriate measures to ensure such transfers are in compliance with applicable laws.
WHICH MEANS
We’re based in the United States, but we may host, transfer, or process data in other countries through third parties that manage our service. By using our service, you are consenting to this use of data in other countries, which may have different privacy laws.
9. Choice
We process and store information on behalf of our customers. You may decline to submit any Personal Information through the Service, in which case we may not be able to provide certain services to you. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking / recording tools. Note that disabling cookies on your mobile device or browser may prevent us or our business partners from tracking your browser’s activities in relation to the Service. However, doing so may disable many of the features available through the Service. If you are a Echo Jockey customer and would like to opt out of getting marketing communications from Echo Jockey, please go to your Echo Jockey dashboard to unsubscribe. You may also opt-out individually for third-party vendors on their websites, but limitations on data sharing may make it difficult or impossible to provide the Service after an opt-out.
WHICH MEANS
You can decline to give us certain personal information, though that may impact some of our services (more on that in our Cookie Policy). You can also opt out of receiving marketing information from Echo Jockey.
10. Correcting and updating your information
As a Echo Jockey customer you may update, delete, or change your Personal Information you have provided Echo Jockey by logging in to the Service and providing such additional information or deleting such information where applicable. We will use commercially reasonable efforts to respond to such queries within a reasonable time. Echo Jockey has no direct relationship with the individuals or companies (“End Users”) with whom you may interact using the Service. Any such End Users seeking access to, or who would like to correct, amend, or delete data which may be stored in the Service should direct their query to the applicable Echo Jockey customer acting as the data controller for such information.
WHICH MEANS
You can always access and manage your personal information through your Echo Jockey account, or by emailing us at [email protected].
11. Data retention
Echo Jockey will retain Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy, or as required or permitted under the applicable law. We may further retain and use this Personal Information as necessary to comply with our legal obligations; maintain accurate accounting, financial, and other operational records; resolve disputes; and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to the Service.
WHICH MEANS
We keep your personal information until we no longer need it to provide you with the service. We may also keep your personal information if required by law or to keep our internal records accurate. Once you terminate your account, we’ll delete your personal information, unless we’re required by law to retain it.
12. Children’s Personal Information
Echo Jockey does not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Service. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Policy by instructing their children never to provide Personal Information on our Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Echo Jockey through our Service, please contact us, and we will use commercially reasonable efforts to delete that information from our databases.
WHICH MEANS
You must be at least 13 years old to use Echo Jockey.
13. Changes to the Privacy Policy
We may, in our sole discretion, modify or update this Policy from time to time. If we make any material changes to this Policy, we will endeavor to notify you by email or by posting a prominent notice on the Sites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Service constitutes your acceptance to such changes to this Policy. If you do not accept the terms of this Policy, you should immediately discontinue use of the Service.
WHICH MEANS
We may change our privacy policy from time to time. If we make any major changes, we’ll do our best to let you know by email or by a prominent notice on our site(s). As mentioned above, your continued use of the service means you agree to be bound by this privacy policy, so be sure to check it occasionally.
14. Business transactions
Echo Jockey may assign or transfer this Policy, and your user account and related Personal Information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with Echo Jockey. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, or similar transactions or proceedings, provided that the recipient of such information will continue to be bound by the terms of this Privacy Policy.
WHICH MEANS
If we’re acquired, dissolve, or go bankrupt, we may assign or transfer this privacy policy and your account and related information to the acquiring entity, if any. But we have no plans to do any of that.
15.Cookies
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for up to 7-days. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
16. Contact us
If you have questions regarding this Policy or about the privacy practices of Echo Jockey, please contact us by email at [email protected], or at:
Echo Jockey Inc.
720 King Street West, Suite 217
Toronto, ON, Canada M5V 3S5
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