Conditions of Use
By accessing or using the Sites and Services in any manner, you also agree to be bound by Engage Holdings’s Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.
Information We Collect
We collect information, including personal information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
The personal information which we collect includes, but is not limited to, the following circumstances and data elements:
• If you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our Sites or Services, or download certain content, we may require that you provide to us your contact information, such as your name, organization , phone number, or email address, and in some instances, you may elect to provide us with location and address information;
• If you report a problem or have a question about our Services, you may provide us with contact information, such as a phone number or email address;
• As part of our financial bank management services, we may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information;
• If you use and interact with our websites or emails, we automatically collect information about your device and your usage of our websites or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information (please see the “What device and usage data we process” section, below);
• If you use and interact with our services, we automatically collect information about your device and your usage of our services, through log files and other technologies, some of which may qualify as Personal Information;
• If you voluntarily submit certain information to our services, such as filling out a survey about your user experience, we collect the information you have provided as part of that request; and
Information Collected Related to California Residents
During the last twelve (12) months, we have collected the following categories of personal information from consumers.
Category Type of Identifiers We Collect Collected
First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. Background check, Health information, Licenses, Skill checks, employment and education verification, drug screens, and personal references, job information, job qualifications, social security number, personal references.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
We obtain the categories of personal information listed above from the following categories of sources:
• Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
• Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
• Directly and indirectly from activity on our website (https://Engage Holdings.com) For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
• From third-parties that interact with us in connection with the services we perform.
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, Facebook 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 Information We Collect
We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
1. To present, operate or improve the Site and Services, including analysis of Site activity; 2. To inform you about Services and products available from Engage Holdings; 3. To carry out our obligations and enforce our rights arising from any contracts entered into
and/or attempts to harm our Users.
We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our company and our Users.
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 Information 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 Information
Whenever we collect Personal Information from you, we may do so on the following legal bases:
1. Your consent to such collection and use; 2. Out of necessity for the performance of an agreement between us and you, such as your
agreement to use our Services or your request for Services; 3. Our legitimate business interest, including but not limited to the following circumstances
where collecting or using Personal Information is necessary for:
• Intra-organization transfers for administrative purposes;
• Product development and enhancement, where the processing enables Engage Holdings to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of our Users, and to better understand how people interact with our Sites;
• Fraud detection and prevention;
• Enhancement of our cybersecurity, including improving the security of our network and information systems; and
• General business operations and diligence;
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 Information
Your provision of Personal Information is required in order to use certain parts of our services and our programs. If you fail to provide such Personal Information, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.
Our Retention of Your Personal Information
We determine the appropriate retention period for Personal Information on the basis of the amount, nature and sensitivity of your Personal Information processed, the potential risk of harm from unauthorized use or disclosure of your Personal Information and whether we can achieve the purposes of the processing through other means, 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 Information 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 Information
Engage Holdings may disclose your Personal Information to commercial providers for a business purpose, which include verifying your identity when making a payment or registering access to your accounts. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:
• California Customer Records Personal Information categories;
• Internet or other network activity information.
We disclose your Personal Information for a business purpose to the following categories of third parties:
• Our affiliates.
• Commercial providers.
• Enterprise accounts, such as your employer.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with the services we provide to you.
We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Engage Holdings if we have a good- faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
• 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 or safety of Engage Holdings, our Users or the public as required or permitted by law.
We attempt to notify Users about legal demands for their 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 your Personal Information in the event of a business transfer. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Information about our users is often a transferred business asset. In the event that Engage Holdings itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information.
Your Rights and Choices
You may have certain rights relating to your Personal Information, 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. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information 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.
• Rights Specific to California Residents
Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section explains how California residents can exercise those rights and describes Californians’ rights.
o Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can:
1. Submit a request via email to privacy@Engage Holdings.com or 2. Call 1-800-360-5369 to submit your request.
o Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email/confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
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, listed below, 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.
o Californians’ Rights With Respect to Personal Information
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
1. Right to Access Your Data. You have the right to request that we disclose certain
information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of personal information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting that Personal Information.
• The specific pieces of personal information we collected about you.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we’ve disclosed for a business or commercial purpose, identifying the personal information categories that each category of recipient obtained about you.
Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
2. Right to Data Portability. You have the right to a “portable” copy of your personal information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your personal information stored on our servers / IT environment to another service provider’s servers / IT environment.
3. Right to Correction. You have the right to request correction or changes of your personal
information if it is found to be inaccurate or out of date.
4. Right to Delete Your Data. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity, or prosecute those responsible for such activities; 3. Debug products to identify and repair errors that impair existing intended functionality; 4. Exercise free speech, ensure the right of another consumer to exercise their free speech
rights, or exercise another right provided for by law; 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §
1546 seq.); 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; 7. Enable solely internal uses that are reasonably aligned with consumer expectations based
on your relationship with us; 8. Comply with a legal obligation; or 9. Make other internal and lawful uses of that information that are compatible with the
context in which you provided it.
• 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:
1. The right to be informed. You are entitled to be informed of the use of your Personal
hold about you. 3. 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. 4. 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. 5. 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. 6. 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 / IT environment to another service provider’s servers / IT environment. 7. 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.
8. The right to lodge a complaint with a supervisory authority.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data- protection/bodies/authorities/index_en.htm.
Our Opt-in/Opt-out Policy
We currently provide the following opt-out opportunities:
Third Party Links
The Sites may contain links to webpages operated by parties other than Engage Holdings. 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. Engage Holdings strongly recommends that each User review the third party’s terms and policies.
How We Protect Personal Information
Engage Holdings maintains administrative, technical and physical safeguards designed to protect the user’s Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.
Engage Holdings collects account information for payment or credit, and Engage Holdings will use the information only to complete the task for which the account information was offered.
Our website is not intended for children under 16 years of age. We do not intentionally gather Personal information about visitors who are under the age of 16. If a child has provided us with Personal Information, 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 16 in the applicable jurisdiction, please contact us privacy@Engage Holdings.com. If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
Direct Marketing and “Do Not Track” Signals
Engage Holdings 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.
California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt- out of the sharing of your Personal Information with third parties for marketing purposes at any time by submitting a request to privacy@Engage Holdings.com. California users may request further information about our compliance with this law by contacting us at privacy@Engage Holdings.com or by writing to us at the address listed in the “How to Contact Us” section.