We are a data controller and we gather various types of information from you. We collect your personal information including, but not limited to, your name, postal addresses (including billing and shipping addresses), telephone numbers, and email addresses, and Sensitive Information (as defined below) and anonymous information about you which is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, including, but not limited to, browser and device information, application and/or Services usage data; information collected through cookies, pixel tags and other similar technologies; demographic information and other information provided by you that does not reveal your specific identity; internet protocol (IP) addresses; and information that has been aggregated in a manner that it no longer reveals your specific identity.
In general, you can access many features of our Services without telling us who you are or revealing any personal information about yourself. You also may choose not to provide us with any personal information. In such event, you can still access and use many features of our Services; however, you will not be able to access and use those portions of our Services that require your personal information.
Some of our Services may ask you to submit your personal information in order for you to benefit from the specified features. We collect personal information from you only when you voluntarily submit it to us, such as when you:
Complete a service request or registration, survey, application or other form;
Purchase a product or service from us or from one of our vendors, suppliers or other partners;
Sign-up to receive email newsletters or other correspondence;
Submit materials through our Services;
Participate in a promotion, or marketing activity;
Request materials from us; and/or
Request e-mail, mail or telephone support or services.
You will be informed on what information is required and what information is optional.
We may combine the information you submit with other information we have collected from you, whether on- or offline. We may also combine your personal information with information that we receive about you from other sources, such as suppliers, vendors, publicly available sources and other third parties.
As you use our Services, we may passively collect (that is, gathered without you actively providing the information) non-personal identifiable information and/or use the following technologies which collect such information on our behalf:
Browser and/or Device Information. Certain information is collected from most browsers, such as your IP address, your media access control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, internet browser type and version. We also may collect information about any mobile device used to access our Services, such as a unique device identifier and type if you access our Services through a mobile device. Your IP address is a number that is automatically assigned to your computer or device by your Internet Service Provider. An IP address is identified and logged automatically in our server log files whenever a user accesses our Services, along with the time and date of the visit and/or use and the page(s) and/or features that you visited and/or used. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites and/or services.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service and to improve and customize our Service. You can enable or disable Location Data services when you use our Services at any time through the settings on your device.
Application and/or Services Usage Data
When you access our Services, we and our service providers may track and collect application and/or Services usage data, such as date and time that your devices accesses our servers and what information and files have been downloaded and/or uploaded to our Services on your device number.
You can choose to have your computer and/or device warn you each time a cookie is being sent to your computer and/or device or you can choose to turn off all cookies. You do this through your computer and/or device settings. If you turn cookies off, you will not have access to many features that make your use of our Services more efficient and enjoyable, and in some cases, some of our Services will not function or will function with limited capability. To learn more about cookies, please visit http://www.allaboutcookies.org.
Pixel Tags, web beacons, clear GIFs and other similar technologies. We and our service providers use pixel tags, web beacons, clear GIFs and other similar technologies in connection with some of our Services (including email messages) to, among other things, analyze our users’ behavior and information about them, track the actions of the users of our Services and/or recipients of our emails, measure the success of our marketing campaigns and compile statistics about our Services usage and response rates.
We may use your personal information that we collect from you to:
Provide our Services to you;
Customize and/or personalize your communications, surfing, viewing, and/or experience with our Services;
Better respond to your inquiries and fulfill your requests, such as to send documents or email alerts;
Communicate with you about your account information, or customer service needs and other important information regarding our relationship with you or regarding our Services, changes to our Terms and Conditions, Privacy Policies, and other policies and/or administrative information;
Communicate with you about our products, services and events, and for other promotional purposes;
Improve our business, protect our operations, and/or allow us to pursue available remedies or limit damages that we may sustain;
Provide technical support to you and for other business purposes, such as data analysis, audits, developing new products, enhancing our Services, improving our products and/or Services, identifying Service trends, and determining the effectiveness of any promotional campaigns; and
Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.
We may use anonymous information that we collect from you for any legal purpose whatsoever, except where we are required to do otherwise under applicable law (for example, if we are required to treat such information as your personal information). If we combine your information that is not in a personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as your personal information as long as it is combined.
We do not loan, give away, sell, distribute or rent your personal information to any third parties except in the following manner and for the following reasons: We disclose your personal information collected from you though our Services to third parties in the following manner and for the following reasons:
If you have consented to such disclosures;
If there are special circumstances, including, but not limited to, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with a bankruptcy, liquidation or similar proceeding) and the due diligence related to such circumstances;
If the third party is our service provider who provides services to us in connection with our Services including, but not limited to, website and/or mobile application hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer services, email and direct mail delivery services, credit card processing, auditing services and other services; and/or
If the party is our affiliate, in which case we are the party responsible (or data controller) for the management of the jointly-used personal information.
We also may provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever.
email@example.com or via our contact us form located at http://www.endurancezone.com/contact-us/
We commit to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact us or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
We commit to cooperate with EU data protection authorities (DPAs) and comply with the advice of such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Protecting Your Information
We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems and/or transmitted to or from our computer systems. Regardless of these efforts by us, no data transmission over the internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction, stored data and/or transmissions to and with us are no longer secure (for example, if you feel that the security of any account that you have with us has been comprised), please immediately notify us in writing of the problem by contacting us in the manner described below.
Some features of our Services may require you to set up a user ID and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited telephone call or email. If you suspect you have received a fraudulent communication from us or any of our affiliates, please contact us immediately at firstname.lastname@example.org
Do not provide your personal or financial information in response to an email request or after clicking on a link from an email. We do not ask for this type of information through an email or any communication.
To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis. Also, please review your credit card statements carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company.
Children’s Online Privacy
We do not knowingly collect personal information from children under the age of 13. The Services are not intended to solicit information of any kind from children under the age of 13, and we have made commercially reasonable efforts to design the Services to prevent our knowing acceptance of any such information.
It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of personal information belonging to a child under the age of 13, please do so at email@example.com .
The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your personal information may be stored and processed in any country where we or our service providers have facilities, and by using the Services or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including the United States, which may provide for different data protection rules than in your country. Additionally, when using or disclosing personal information transferred from the European Union, we use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards or obtain your consent. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
Unless we specifically request or invite it, we ask that you not send us, and you not disclose, any Sensitive Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, and/or criminal background) on or through our Services or otherwise to us. In those cases where we may request or invite you to provide Sensitive Information, we will do so with your express consent. Any uses or disclosures of your Sensitive Information will be made subject to your express authorization, or as permitted or required by applicable law.
Email Marketing Practices
We adhere to the industry standards in our email marketing practices. When you choose to opt-into our email communications and submit your email address to us, we will send you an email requesting your confirmation. If you do not click on the confirmation link in the email, you will not be registered to receive our emails. This protects your inbox from unwanted emails should someone else provide your email address, or should you change your mind.
Public Rooms and Forums
Our Services may now or in the future include web logs (i.e., blogs), chat rooms, forums, message boards, news groups or other public communication. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or “spam” from others. We cannot safeguard the privacy of personal information that is disclosed online in this manner.
While accessing our Services, you may be directed to other websites and services that are beyond our control including, but not limited to, our payment processor. These other websites and services may also use and collect data, solicit personal information and deploy tracking technology including, but not limited to, cookies and pixel tags. Even though we may have a contract with these entities, we have no control over them or how they collect, distribute or otherwise use your personal information or how they safeguard and secure your personal information. We are not responsible or liable for the conduct, policies or actions of the owners of such websites and/or services including, but not limited to, the content displayed on these websites and/or services. These websites and/or services are linked to our Services only for your convenience and you access them at your own risk.
Requesting, Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us. You may unsubscribe from receiving emails from us at any time by using the link included at the bottom of each email communication. You may also unsubscribe by sending us an email at firstname.lastname@example.org
If you would prefer that we not share your personal information on a going-forward basis with our affiliates and/or third-party partners for marketing purposes, you may opt out of this sharing by contacting us via email at email@example.com . In your response to us, please state that we should no longer share your personal information with our affiliates and/or third-party partners for marketing purposes and include your name and e-mail address.
To modify or delete any or all of the personal information you have provided to us, please contact us at firstname.lastname@example.org We retain your personal information for the period necessary to fulfill the purposes set forth herein, unless a longer retention period is required or allowed by law, our document retention policies or to otherwise fulfill a legal obligation, or if it is advisable in light or our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigation). Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. The same may be true with respect to modifications to your personal information requested or made by you.
We will seek to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described herein, we will not be able to remove your personal information from the databases of our affiliates and third parties with which we have already shared your personal information (i.e., as of the date that we implement your opt-out request).
We reserve the right to send you certain communications related to our Services that are considered part of your account, such as technical, transactional and/or administrative alerts and/or messages, without offering you the opportunity to opt out of receiving them.
California Privacy Rights
If you are a resident of the State of California, you may exercise the rights described below. By
choosing to exercise your rights as described below, you are declaring that you are a California resident as defined in the California Consumer Privacy Act of 2018, Civil Code Section 1798.100 (“CCPA”).
Right to Deletion. You have the right to request for us to delete any of your personal information. If you delete your personal information, you will permanently lose access to your personal information and/or your customer account with us. We may deny your deletion request when permitted by applicable law or for business purposes including, without limitation, when personal information is needed to comply with our legal obligations, meet regulatory requirements, support our business operations, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms and Conditions, fulfill your request to “unsubscribe” from further messages from us, or confirm that we have deleted your personal information. We retain anonymized information after your account has been closed. We cannot disclose or delete specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of personal information, your account with us or the security of our systems.
You have the right to update or modify certain of your personal information. If you have a customer account, you may update or modify your personal information by accessing and making the changes in your account settings. If you do not have a customer account, then you may request that your personal information be updated by emailing us at: email@example.com
Right to Non-Discrimination. We will not discriminate against customers or users who exercise their rights under the CCPA.
Exercising your Rights. If you wish to exercise one of these rights, please contact us as described herein or email us at firstname.lastname@example.org Please include your name and email address with your request. Before we can process any such request, we will need to verify your identity through the email address or telephone number associated with your use of our Services or your account with us, and confirm your request prior to fulfilling any such request and reserve the right to deny a request where we are unable to satisfactorily complete this process. If you authorize someone to make a request on your behalf, we may also deny your request if we are unable to verify that the individual making the request is authorized to act on your behalf.
Terms and Conditions
We have Terms and Conditions that set forth the terms and conditions under which we provide our Services to you. Please review the terms and conditions governing your use of, and access to, our Services. It is your responsibility to read, understand and comply with the terms and conditions set forth therein.
Contact Us with Questions and Feedback
Endurance Zone Management Team
Last Updated: April 15, 2020