This Agreement was last modified on November 3, 2021.
Information We Collect
We collect information about you when you use our Services. The types of information we collect depends on the services and the features you use on the Services. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Services.
a. Information We Collect or Receive from You Directly
We collect information you provide directly to us. For example, we collect information when you participate in any interactive features of our Services (including public features such as blogs, messaging and community forums), fill out a form, request customer support, provide any contact or identifying information, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, credit card information, gender, zip code and other contact or identifying information you choose to provide.
b. Registered User Information
If you create an Account, we'll extract from your Third Party Account (as applicable) certain personal information that can be used to identify you, such as your name and email address ("Personally Identifiable Information" or "PII"), that the privacy settings that you have established on your Third Party Account permit us to access. In addition, if after you create an Account, you connect it with one of your Third Party Accounts, we'll be able to access and collect certain information, including your PII, that your privacy settings on such Third Party Account permit us to access.
We will also use End User Data from the Third Party Accounts to which you provide us access and that you submit to us and we will use such End User Data in connection with provision of the Services to you. For example, when you use our Advertising Service, you may choose to provide us with End User Data through use of the application programming interface (API) of one of your Third Party Accounts such as MailChimp or Encore in order to provide you with our Services. End User Data provided through use of the application programming interface (API) is not physically stored or retained on our Service.
We may also collect your gender, zip code and other information, such as business segment, that is not considered PII because it cannot be used by itself to identify you.
c. Financial Information
When you enter into a Transaction to pay for the Select Services, we may collect your Payment Information.
d. Visitor Information
If you don't register for an Account, but join our waitlist for future features or subscribe to our mailing list for receiving updates from our blog, we'll collect information such as your name and email address. We may use that information to contact you by email any time we release a new feature or update our blog.
e. Information We Collect Automatically When You Use the Services
Like many website owners and operators, we may use automated data collection tools such as Cookies, Web Beacons, and Social Media Widgets to collect certain information.
Web Beacons. "Web Beacons" (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the user's hard drive, Web Beacons are typically embedded invisibly on web pages.
f. Log Data & Analytics
Our servers may automatically record certain information about how a person uses our Services (we refer to this information as "Log Data"), including both Registered Users and non-Registered Users (either, a "User"). Log Data may include information such as a User's Internet Protocol (IP) address, browser type, operating system, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, other device identifiers, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on, and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users' needs and preferences.
g. Location Information
When you create your Account using a Third Party Account (as applicable) and when you connect your Account with your other Third Party Accounts, we may collect and store information about your location if your privacy settings on such Third Party Account permit us to access such information. We may use location information to improve and personalize our Services for you.
3. Information That We Receive From Third Parties
We may also collect information about you from third parties, such as marketing partners, social networks, identity verification services, anti-fraud services and other service providers.
4. How We Use Information
We may use your PII to:
- provide, customize, and improve Services, communicate with you and provide customer support in relation to the Services.
- enable your Third Party Accounts to communicate with our servers in order to provide you Services.
- resolve disputes, collect fees (if any) and troubleshoot problems.
- customize your experience and otherwise develop, measure and improve our Services.
- tailor content, advertisements, and offers.
- administrative purposes such as measuring interest in our Services, developing new products, ensuring internal quality control, verifying individual identity, verifying Account information, and processing payments.
- run Ad Campaigns on your behalf.
- send you relevant emails and communications (including keeping you informed about our products, offerings and any promotional offers) that might be of interest to you.
- comply with our legal obligations or as permitted by law.
- protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services.
- enforce our agreements, terms, conditions, and policies, try to prevent potentially prohibited and illegal activities, and send you notices and alerts regarding the Services or your Account.
We may combine information that we collect from you through the Services with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or Services we provide. We may aggregate and/or de-identify information that we collect, after which we cannot use it to personally identify an individual user. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including our business partners, affiliates, and others.
5. How We Share Information
We may share your information in the following situations:
Affiliates and Partners. We may share information with our affiliates and partners.
Vendors. We may share any information we receive with vendors that perform services on our behalf, including (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing (i.e., Stripe (www.stripe.com) and Braintree (www.braintreepayments.com)); (iv) customer service activities; and (v) otherwise in connection with the provision of the Services.
End Users or other Registered Users. If you create a Page using the Services, End Users will be able to view your username and photo uploaded by you on your Page and other Registered Users may be able to access information you make available on your Page via the Services, such as your name and photo.
Business Transactions. We may share or transfer information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
Otherwise with Your Consent or at Your Direction. In addition to the sharing described in this Policy, we may share information about you whenever you consent to or direct such sharing.
6. Online Analytics and Advertising
We may use third-party web analytics services on the Services, such as those of Google Analytics. These service providers use the sort of technology described in the "Information we collect automatically" section above to help us analyze how users use the Service, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service. Such service providers include analytics service providers, such as Google and Intercom. We may also use Google Analytics for certain purposes related to advertising, as described in the following section. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google's collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
b. Tailored Advertising
If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's ("NAI") Consumer Opt-Out Link and/or the Digital Advertising Alliance's ("DAA") Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Service, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.
7. Your Choices
We offer you choices regarding the collection, use and sharing of your PII and we'll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.
a. Opting Out
PII Collection. Where you have consented to the collection of PII, you may rescind such consent by following one of the following two links:
b. Accessing, Modifying, or Deleting Your Information
Although we make good faith efforts to provide a User access to their PII, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your PII.
c. Responding to Do Not Track Signals
We do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.
8. Information Security
We use administrative and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter credit card data on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
9. Links To Other Sites
10. Data Retention
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
11. International Transfer
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you're located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. By using the Services, you understand and agree to the transfer of all such information to the United States.
Where required, we will use appropriate safeguards for transferring data outside of the EEA, Switzerland, and the UK. This includes signing Standard Contractual Clauses that govern the transfers of such data, which may be used in conjunction with additional safeguards. For more information about these transfer mechanisms, please contact us as detailed in the "Questions?" section below.
12. Children's Privacy
Our Services are not directed to children under 13 and we do not knowingly collect personal information (as defined by the United States Children's Online Privacy Protection Act) from children under 13. In addition, where we process EU personal information data on the basis of consent, we do not knowingly process data of EU residents under the age of 16 without parental consent. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction.
If you learn that your child has provided us with personal information without your consent, you may alert us at email@example.com. If we learn that we have collected personal information of a child under 13 (or under 16 in certain circumstances) we will take steps to delete such information from our files as soon as possible.
13. California Residents Only
a. Summary of Information We Collect
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your "personal information" (as defined in the California Consumer Privacy Act ("CCPA")).
If you are a California resident, the CCPA may permit you to request that we:
- Provide you with the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
- Provide you with access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
You may have the right to receive information about the financial incentives that we offer to you for your personal information (if any). You also have the right not to be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we may need certain information to provide services to you or for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use some of our services.
You can delete your account at any time by going to encoreapp.co/settings and following the instructions. You can also exercise your rights by sending an email to us as firstname.lastname@example.org. You will need to provide additional information to verify your identity before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization for the agent to act on your behalf and verify your identity directly with us.
c. Shine the Light Disclosure
California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their PII for direct marketing purposes during the preceding calendar year and the categories of PII shared with those third parties. We do not share your personal information with third parties for their own direct marketing purposes.
14. Nevada Residents Only
Under Nevada law, certain Nevada consumers may opt out of the sale of "personally identifiable information" for monetary consideration to a person for that person to license or sell such information to additional persons. "Personally identifiable information" includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us at email@example.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
15. EEA, Switzerland, and UK Only
EEA, Swiss, and UK law requires us to provide you with more information about the processing of their personal information. For purposes of these laws, UNCVRD LLC. (located at 308 West Wilson Avenue, Apt. 636, Glendale, CA, 91203) is the controller of your personal information. Encore's representative for European data protection law purposes is UNCVRD LLC, located at 308 West Wilson Avenue, Apt. 636, Glendale, CA, 91203.
Legal grounds for processing your personal information
- it is necessary for our contractual relationship;
- the processing is necessary for us to comply with our legal or regulatory obligations; and/or
- the processing is in our legitimate interest (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.); or
- you provided your consent.
Applicable data protection law may provide you with the right to request that we:
- provide access to and/or a copy of certain information we hold about you
- prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
- update information which is out of date or incorrect
- delete certain information which we are holding about you
- restrict the way that we process and disclose certain of your information
- transfer your information to a third party provider of services
- revoke your consent for the processing of your information
You can delete your account at any time by going to encoreapp.co/settingsand following the instructions. You can also exercise your rights by sending an email to us at firstname.lastname@example.org. Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation. If you have a complaint about how we handle your personal information, please get in touch with us at email@example.com to explain. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
16. Brazil Only
This Brazil Only section applies to personal data processing activities under Brazilian law. If you use Encore in Brazil, you may have certain rights. Brazilian law may permit you to request that we:
- confirm whether we process your data;
- provide access to and/or a copy of certain information we hold about you;
- correct incomplete, inaccurate and outdated data;
- anonymize, block or delete data that is unnecessary, excessive or not being processed in accordance with Brazilian data protection law;
- port your personal data to another service or product vendor;
- delete personal data processed with your consent, when applicable;
- provide you with information regarding the public and private entities with which we share data;
- provide you with information about the possibility of withdrawing consent and the consequences of such withdrawal, where applicable;
- withdraw your consent.
You can delete your account at any time by going to encoreapp.co/settings and following the instructions. You can also exercise your rights by sending an email to us as firstname.lastname@example.org. You may need to provide additional information to verify your identity before we fulfill your request.