This Privacy Policy describes the policies and procedures of UTW82, LLC, d/b/a Empact Collaboration Platform (“Empact”, “we”, “our” or “us”) on the collection, use and disclosure of your information on website and any sub-domains (collectively the “Site”) and the services, features, content or applications we offer (together with the Site, the “Services”). Please note that where the Services are provided through a website or application that is owned or operated by a third party, the services and content created by that third party are not part of the Services.
We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from various third party websites and other services. All defined terms not defined herein shall have the meaning ascribed to them in the Terms of Service.
When you use the Services, you are agreeing to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy
The Services are hosted and operated in the United States through Empact and certain of our service providers. By using the Services, you acknowledge that any Personal Data you provide to us will be hosted on United States servers, and you authorize Empact to transfer, store and process your information to and in the United States. Please see below for more details.
This Privacy Policy covers Empact’s processing of Personal Data that Empact gathers when you are accessing and using the Services. As used in this Privacy Policy, “Personal Data” means any information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.
This Privacy Policy also covers Empact’s treatment of any Personal Data that Empact’s business partners, service providers, and licensees of our Collaboration Platform (“Platform Licensees”), including without limitation third-party administrators of the Site, share with Empact, or that Empact shares with its business partners, service providers, or Platform Licensees.
This Privacy Policy does not apply to the practices of third parties, and their sites, services or applications that Empact does not own or control, or to individuals that Empact does not employ or manage, including without limitation Platform Licensees (“Third Parties”). While we attempt to provide access only to those Third Parties that share our respect for your privacy, we cannot take responsibility for the content, actions or data protection policies or practices of those Third Parties. We encourage you to carefully review the data protection policies and practices of any Third Parties you access, and to carefully consider what kind of Personal Data you choose to post or otherwise make available through the Services.
If you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation or GDPR (the “GDPR”) with respect to your Personal Data, as outlined below. Empact may be the controller of your Personal Data processed in connection with the Services for purposes of the GDPR. If you have any questions about this Privacy Policy or whether any of the following applies to you, please contact us at [email protected].
Note that we may also process Personal Data of our Platform Licensees’ and other users’ own customers, end users, or employees in connection with our provision of the Services, in which case we are the processor of Personal Data for purposes of the GDPR. If we are the processor of your Personal Data (i.e., not the controller) for purposes of the GDPR, please contact the controller of your Personal Data (i.e., the user or Platform Licensee providing the Community or other offering in connection with which you provided your Personal Data) in the first instance to address your rights with respect to such data.
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
You agree that you shall not provide to us, or otherwise post or otherwise make available through the Services, any of the following information, or encourage any other users to do so:
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
Please do not include any Restricted Data in information that you provide us, including without limitation in your biography description or in any User Content.
By providing Personal Data of others to Empact, you represent that you have authority to do so. All information that you enter or upload about your non-users will be covered by Empact’s Terms of Service, this Privacy Policy, and where applicable, the EU Data Processing Addendum, available at https://www.getempact.com. We disclaim responsibility for the information of others that you provide to us in the course of your use of the Services.
If applicable, in order to collect payments on your behalf, and provide payments to you, we, using Stripe as a third-party payment processor, collect payment information from you, your attendees and customers, your vendors, and other parties to whom we provide payments on your behalf and from whom we collect payments on your behalf. This information is used solely to collect and provide payments related to the Services, and is only stored by Stripe, not by us. You should review the terms of service and privacy policies of Stripe, available at https://stripe.com/us/ssa.
Information we receive from third party sources: We have built services from some third parties into the Site, and those third parties provide us with Personal Data about you, such as the following:
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
Please note that when you access or use the Services, we use information from your web browser, including your IP address and your device's settings and unique identifiers, to determine your general location, based on our legitimate business interests in reliably and accurately providing you with Services and information that apply to you, and in learning more about where the Services are being accessed or used.
Additional Information about Cookies:
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Site and Services, to analyze trends, learn about our user base and operate and improve our Services. Cookies are small files – usually consisting of letters and numbers – placed on your computer, tablet, phone, or similar device when you use that device to visit our Site. We sometimes combine information collected through Cookies that is not Personal Data with Personal Data that we have about you, for example, to tell us who you are or whether you have an account with us. We may also supplement the information we collect from you with information received from third parties.
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site or Services. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Services. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Because we collect browsing and persistent identifier data, the Services do not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Services and after you leave our properties. Also, we generally do not require third parties collecting information on our websites and online services to respond to these technologies.
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Site or Services, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.
We use the following types of Cookies:
You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find our more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or https://www.allaboutcookies.org/.
Additional information about interest-based advertisements:
We process Personal Data to operate, maintain, improve, understand and personalize our Services. For example, we use Personal Data to:
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Examples of these legitimate interests include:
We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. You can learn more about the data practices of these third parties by reviewing their terms of service and privacy policy. These parties include:
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
We also share Personal Data when we believe it is necessary to:
As part of the Services, you will receive from Empact email, text messages, and other communications. You acknowledge and agree that by availing yourself of the Services, you allow Empact to send you email and other communication that it determines in its sole discretion relate to your use of the Services.
Last, we share Personal Data with our affiliates or other members of our corporate affiliate UTW82 For Good, Inc. We also share information with third parties when you give us consent to do so. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.
We retain Personal Data about you for as long as you have an open Account with us or as otherwise necessary to provide you Services, or until you contact us to request deletion (see below). In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.
You need to prevent unauthorized access to your Account and Personal Data by selecting and protecting (and periodically updating) your password appropriately and limiting access to your device and browser by signing off after you have finished accessing your Account.
We understand the importance of the security of the information we collect, but we cannot promise that our security measures will eliminate security risks or avoid security breaches. However, Empact cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at [link].
We may offer self-serve options for updating your Account information and indicating your Service preferences. To learn about these, please visit Dashboard >> Edit Profile in your Account settings.
You also may request deletion of your Account as described below.
Please note that removal and deletion options we may offer will not remove content or information that has been stored, shared or re-posted by other users and other third parties.
Rights Regarding Your Personal Data:
The Services are hosted and operated in the United States (“U.S.”) through Empact and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Empact in the U.S. and will be hosted on U.S. servers, and you authorize Empact to transfer, store and process your information to and in the U.S., and possibly other countries, as necessary to perform or duties in providing you with the Services. Additionally, you understand that your Personal Data may be processed in countries (including the United States) where laws regarding processing Personal Information may be less stringent than in your country. Please contact us at [email protected] with any questions or concerns.
If you have any questions about this Privacy Policy or our data practices generally, please contact us using the following information:
UTW82, LLC
[email protected]
228 Park Avenue South, #62856
New York, NY 10003
Empact may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Data, we will notify you by posting an announcement on our Site or Services or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.
Effective Date of Privacy Policy: January 13, 2019