Effective date: November 15, 2024
This Privacy Policy (the “Privacy Policy”" or “Policy”) applies to the Elecard Devices, LLC web site located at www.elecard.com (collectively, the “Site”). The Site is the property of Elecard Devices, LLC (“Elecard”, “We” or “Us”).
Elecard takes the protection of your data and information very seriously. When you use Elecard’s Services, Elecard Software or Site, you trust us with your data and information. This Privacy Policy describes how we collect, use, and disclose your personal data in accordance with the California Online Privacy Protection Act (CalOPPA) and other applicable laws and regulations (for example, with the General Data Protection Regulation (EU) 2016/679 ("GDPR")). This is important.
By using our Site, Elecard Software or Elecard’s Services, you agree to the terms outlined in this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THIS SITE.
1. YOUR PRIVACY
Elecard and its Controlled Subsidiaries is committed to ensuring the privacy of your data and information, and will hold all personal information collected in association with Elecard in accordance with the requirements of the Privacy Policy.
2. YOUR CONSENT
By accessing and browsing our Site and/or using or applying for the services, you consent to the collection, use, disclosure, storage and processing of your information in accordance with this Privacy Policy.
3. INFORMATION ABOUT YOU AND YOUR ACTIVITIES THAT WE COLLECT
We collect the content and other information you provide when you use our Site and Services, where allowed by law, including when you register, sign up for an account, create or share, and message or communicate with others (including Elecard’s employees). Categories of personal information, that We collect:
When you visit our Site, we may collect personal information such as your name, email address, phone number, company, and browsing activity.
We may also collect non-personal information such as your IP address and browser type.
We use cookies and similar tracking technologies to improve your user experience and analyze website traffic.
Your data is gathered when you voluntarily provide it to Us. This can include information you input into our contact form.
Additionally, certain data may be collected automatically by our IT systems, either with your consent during your visit to our Site or through automated processes. This data mainly consists of technical details (such as web browser, operating system, and the time of website access) and is automatically logged when you visit our Site.
3.1. Legal basis for processing your personal data
We rely on the following legal bases to process your personal data:
a. Performance of a contract: We require your personal information in order to fulfill our obligations under an agreement with you, or to take action at your request prior to entering into a contract.
b. Legitimate business interests: We may use your personal information for our own legitimate business purposes, provided that such purposes do not override your rights or interests. These purposes may include promoting and enhancing our products and services.
c. Compliance with legal or regulatory requirements: We may also process your data in accordance with legal or regulatory obligations.
d. Consent: Consent: In certain cases, We rely on your explicit consent to use your information, for instance, when sending promotional materials.
4. USE OF INFORMATION
Your information will only be used to:
develop and improve our Site and the Software and Services, to develop new products and services; and/or
assess and process your application for Elecard’s Services and Site, including by sharing your information with third party agencies for the purposes of analysis; and/or
provide Elecard’s Services to you; and/or
conduct market research and generate and provide statistical analysis and rating information; and/or
We use the information collected to personalize your experience, improve our Site, and respond to your inquiries; and/or
Your data may be used for analytics, marketing, and advertising purposes, but only with your consent; and/or
Your data may be used to communicating with you, including responding to your inquiries, sending you newsletters, and notifying you about updates; and/or
comply with laws (including court orders and subpoenas).
We will only use personal information (such as your mobile phone number and e-mail address) to communicate with you about our Products and Services, send you marketing communications, newsletters and let you know about our policies and terms, and for other similar purposes.
Elecard retains your personal data only for as long as necessary to fulfill the purposes of providing you with news, events, publications, and other products you have registered for or subscribed to. If you no longer wish to receive such communications or wish to unsubscribe or withdraw your consent for processing your personal data for that purpose, We will block your data within our system and cease using it for electronic communication.
Data retention periods may be subject to regulation in sector legislation (e.g., accounting, tax). Various sector legislations prescribe mandatory retention periods, requiring Elecard to delete personal data after the expiry of the data retention period.
5. DISCLOSURE OF INFORMATION
We do not sell, trade, or transfer your personal information to third parties without your consent.
We will not disclose any information you provide to any third party except:
to relevant authorities, parties and/or applicable intellectual property rights holders (or their representatives) if We consider that you are in breach of Elecard's rights; or
where required, or permitted, by law.
6. INFORMATION ABOUT PAYMENTS
If you use our Site and Services for purchases or financial transactions (like when you buy something on Site, make a purchase), We collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.
7. ACCESS TO, EDITING AND DELETING INFORMATION
7.1. You can delete your account any time
7.2. You can update your information through your account profile settings. If you believe that personal information We hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. Additionally, you may request access to any personal information We hold about you at any time by contacting us.
7.3. You can opt-out of receiving marketing communications from us by following the instructions provided in the communication with us.
8. SECURITY OF INFORMATION, STORAGE AND PROCESSING OF INFORMATION
Elecard has implemented commercially reasonable measures to protect the data and information We collect about you from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Be aware that despite any amount of effort, no data security measures can guarantee security or confidentiality. You should take prudent measures to protect your information (as defined in Section 9). Elecard will store and process your information in the USA or in any other country in which Elecard maintains facilities for doing so. Information may therefore be transferred outside of the USA. By providing us with your data and information, including (where applicable) personally identifiable information, you consent to such transfer, storage, and processing of your information anywhere in the world. Some foreign jurisdictions may have data protection laws less stringent than those of your home jurisdiction.
Note: Be aware that despite any amount of effort, no data security measures can guarantee security or confidentiality. You should take prudent measures to protect your information. We will store and process your information in the USA or in any other country in which We maintain facilities for doing so. Information may therefore be transferred outside of the USA. By providing us with your data and information, including (where applicable) personally identifiable information, you consent to such transfer, storage, and processing of your information anywhere in the world. Some foreign jurisdictions may have data protection laws less stringent than those of your home jurisdiction.
9. ACCOUNT SECURITY
9.1. You must keep any login, password or account information relating to your use of this Site secure at all times.
9.2. To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of any information supplied by you, Elecard has put in place physical, electronic and managerial processes to protect your information. Additionally, all user information stored on this Site is protected from unauthorised access through the use of secure login information and other security procedures.
9.3. Elecard is not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
10. LINKS TO EXTERNAL WEBSITES
This Site may contain links to external websites. Any access to and use of such external websites is not governed by this Privacy Policy. Elecard is not responsible for the privacy policies of any such external websites. This Privacy Policy applies solely to information collected by Elecard.
11. COOKIES POLICY
In this Cookie Policy, We refer to these technologies, which include cookies, pixels, web beacons, Local Storage Objects and gifs, collectively as "cookies".
11.1. Cookies are alphanumeric identifiers that We transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. A cookie file is created by the Site browsing and is transmitted and processed by the web browser software of your computer. Most web browsers automatically accept cookies, but if you prefer, you have the right to accept or stop cookies from being stored on your device at any time by modifying the settings in your web browser to reflect your cookie preferences.
11.2. We use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information We collect from you. We use Cookies to obtain certain types of information when your web browser accesses our Site. We use cookies to track aggregate and statistical information about user activity. We use cookies for the following purposes:
To enable certain functions of the Site;
To provide analytics;
To store your preferences;
To enable advertisements delivery, including behavioral advertising.
We use both session and persistent cookies on our Site and We use different types of cookies to run the website:
Essential cookies: We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
Third-party cookies: In addition to our own cookies, We may also use various third-party cookies to report usage statistics of the website, deliver advertisements on and through the website, and so on.
If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features We offer, you may not be able to store your preferences, and some of our pages might not display properly.
By using our Site, you consent to the processing of data about you by cookies in the manner and for the purposes set out above.
11.3. We may use Local Storage Objects to store your Site preferences and to personalize your visit. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs, in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded. If you do not want to receive email from us in the future, please let us know by sending us email.
12. DO NOT TRACK SIGNALS (DNT)
We honor DNT’s signals and DNT, plant cookies, or use advertising when a DNT browser mechanism is in place. Some web browsers may give you the ability to enable the “do not track” setting that sends a special signal to the websites you encounter while web browsing.
13. BEHAVIORAL TRACKING
We do not allow third-party behavioral tracking.
14. ANALYTICS
We may use third-party service providers to monitor and analyze the use of this Site, for example Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: HTTPS://POLICIES.GOOGLE. COM/PRIVACY?HL=EN
You can prohibit making your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
15. RESPOND TO LEGAL REQUESTS
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if We have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the USA where We have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. Any changes will be effective immediately upon posting on this Site.
16. CHANGES TO OUR PRIVACY POLICY
We may modify, alter or otherwise update this Privacy Policy from time to time, with or without notice to you. Such amendments will be effective immediately upon the posting of the amended Privacy Policy on this Site. You agree to check this Privacy Policy before continuing to use our Services/Site. Your continued use of the Site, Software, or Services following such an update to this Privacy Policy on the Site indicates your acceptance of the updated Privacy Policy.
17. DATA CONTROLLER
In compliance with the General Data Protection Regulation (GDPR) the entity responsible for data management is Elecard.
18. JURISDICTION AND THE GOVERNING LAW
18.1. This Privacy Policy will be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the courts of Santa Clara County, California, in any litigation arising out of the Privacy Policy.
If for any reason a court of competent jurisdiction finds any provision of this Privacy Policy or a portion thereof, to be unenforceable, that provision of the Privacy Policy shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Privacy Policy shall continue in full force and effect.
We may access, preserve, and share your information in response to a legal request (like a search warrant, court order, or subpoena) if We have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the USA where We have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
California "Shine the Light.
According to the California Civil Code Section 1798.83, also known as "Shine the Light," California residents can ask businesses they have a relationship with to provide a written list that includes: a) the categories of personal information (e.g., name, email address, mailing address) and the types of services offered that the business shared with third parties (including separate legal entities affiliated with the business) for direct marketing purposes during the previous calendar year; and b) the names and addresses of these third parties.
If you are located outside the United States and choose to provide information to us, please note that We transfer the data, including Personal Data, to the United States and may process it there.
Virginia, Colorado, Connecticut, and Utah Privacy Rights
The Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and similar laws in other U.S. states ("State Privacy Laws") provide their consumers with specific rights:
- Right to know - you have the right to know whether We process your personal information.
- Right to data portability - you are entitled to access and receive a copy of your personal data that you have previously shared with us in a portable and easily usable format, allowing you to transfer the information to another company without any obstacles, provided that the processing is automated. You can request this personal information up to twice a year, with some specific exemptions.
- Rights to delete - you are entitled to delete any personal information that you have provided or that We have collected about you. Please be aware that We may refuse such a request if the deletion falls under exceptions outlined in State Privacy Laws. Moreover, if you ask for the deletion of your personal data sourced from a third party, We may retain essential data to ensure that your information remains deleted from our records and is not used for any other purposes, unless permitted by State Privacy Laws. Certain State Privacy Laws, such as those in Utah, restrict this right to the data exclusively provided by you.
- Right to opt out of selling or sharing - you may to opt out of the processing of the personal information for purposes of: (i) targeted advertising; (ii) the sale of personal information; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, unless you reside in Utah.
- Right to correct - If you do not live in Utah, you are entitled to rectify any errors in the personal information We gather from you, considering the type of information and how We use it.
- Right to nondiscrimination - you are entitled to discriminatory treatment from us when exercising your privacy rights.
18.2. As a resident of the European Economic Area you have the following rights in relation to your data:
In accordance with the current law and the EU’s General Data Protection Regulation (GDPR), you have the right to access, amend, delete (the right to be forgotten), and port your data and restrict the processing of your data and have the right to object at any moment.
- Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
If your data is processed under Article 6(1)(e) or (f) of the GDPR, you have the right to object to the processing of your personal information at any time, as long as there are specific reasons related to your unique situation that justify the objection. This right also applies to any profiling based on these provisions. To determine the legal basis for data processing, please refer to this Data Protection Declaration. If you submit an objection, We will stop processing your affected personal information unless We can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights, and freedoms, or if the processing is necessary for the establishment, exercise, or defense of legal claims (objection under Article 21(1) of the GDPR).
If your personal information is processed for direct advertising purposes, you have the right to object to the processing of your personal information for such advertising purposes at any time. This also includes profiling related to such direct advertising. If you exercise this right to object, your personal information will no longer be used for direct advertising purposes (objection under Article 21(2) of the GDPR).
- Information about, rectification and eradication of data
In accordance with the relevant legal regulations, you are entitled to request information about your stored personal data, including its origin, recipients, and the purpose behind its processing, at any point. Furthermore, you may have the right to request corrections or removal of your data. If you have any inquiries related to this topic or any other concerns regarding personal data, please feel free to reach out to us at your convenience.
- Right to data portability
You have the right to obtain, in a commonly used and machine-readable format, any data that We process automatically based on your consent or to fulfill a contractual obligation. If you wish to transfer this data directly to another controller, We will do so if it is technically feasible. If you dispute the accuracy of the data We have stored about you, We may require some time to investigate your claim. During this investigation, you can request that We limit the processing of your personal data. In cases where the processing of your personal data has been or is being conducted unlawfully, you have the option to request the restriction of data processing instead of its deletion. Additionally, if We no longer require your personal data, but you need it for legal purposes such as exercising, defending, or asserting legal claims, you have the right to request the restriction of data processing rather than its deletion.
- Right to log a complaint with the competent supervisory agency
In case of GDPR violations, data subjects have the right to lodge a complaint with a supervisory authority, particularly in the member state where they usually reside, work, or where the alleged violation took place. This right is effective regardless of any other administrative or court proceedings available as legal remedies. If you believe the processing of your personal data has infringed upon applicable data protection laws, you may file a complaint with the relevant government authority. To exercise any of your rights, request additional information, or make a formal complaint, please send us a written notice to: legal@elecard.com. Your request will be reviewed by an accredited individual for personal data protection and an answer will be provided within 30 days, or in accordance with GDPR and its Article 37 as per Regulation EU 2016/679 by the European Parliament dated April 27, 2016.
19. CONTACT US
If you have questions about this Privacy Policy, We can be reached via e-mail at legal@elecard.com