This Privacy Statement sets out how Engageware uses and protects any personal information and data (“Information”) given to an Engageware group company, including TimeTrade Systems, Inc., SilverCloud, LLC, Aivo America Corp., and its affiliates, all DBA Engageware (collectively, “Engageware”). Engageware is fully committed to maintaining your confidence, trust and your privacy. Any questions you have regarding this policy can be directed to privacy@engageware.com.
This Privacy Statement describes the treatment and handling of all Information collected by Engageware through its services and websites, including:
- What personally identifiable information is collected;
- How Engageware may use the personally identifiable information and with whom and when this information may be shared with third parties;
- Your rights to your Information and how you can submit a request to view, remove, change, or transfer the collected Information; and
- To whom questions regarding this Privacy Statement should be directed.
By using this website, you agree to comply with and be bound by this Privacy Statement and the Terms and Conditions of Use published at engageware.com/terms-of-use/ (the “Terms”). This Privacy Statement is incorporated into those Terms, and capitalized terms used, but not defined herein, have the meanings ascribed to them in the Terms.
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY, AND PLEASE CHECK THIS PRIVACY STATEMENT FREQUENTLY, AS ENGAGEWARE RESERVES THE RIGHT TO CHANGE THIS PRIVACY STATEMENT AT ANY TIME WITHOUT NOTICE. BY ACCESSING THE WEBSITES OR THE SERVICES AFTER THE “LAST UPDATED” DATE SET FORTH BELOW, YOU ARE DEEMED TO CONSENT TO OUR THEN-CURRENT PRIVACY STATEMENT.
1. What We Collect
When you visit an Engageware website for information regarding our products, promotions, employment opportunities or to register to use Engageware’s services, Engageware may gather information about you. In addition, the Engageware services allow our clients (“Clients”) to collect information from their users or customers (“Users”) for the purpose of utilizing the services. Typically, the information collected by Engageware includes:
- Client Information: Name, email address, telephone number, mailing addresses, billing information, and time zones.
- User Information: Contact information such as names, email addresses, mailing addresses, phone numbers, and other information about Users as requested by our Clients.
- Visitor Information: information about your computer and your visits to our websites, such as your IP address, geographic location, browser type, referral source, length of visit, and pages viewed.
- Video and Image Data: Videos and images that you upload, share, or store through our service with consent.
- Sensitive Information: Credit or debit card numbers, personal bank account information, billing information, and other sensitive data.
If you disclose any Information to us, you consent to our processing and use of such Information in accordance with this Privacy Statement.
2. What We Do With The Information
We process and use Information for the following purposes:
- for recordkeeping purposes with respect to the contracting and provision of the services, including payment procedures and communication regarding requested services.
- to contact you directly regarding Engageware services, career opportunities and/or to respond to your inquiries.
- to send promotional emails about new products, relevant news or other information which we think you may find interesting using the email address which you have provided.
- to improve the overall experience of using the Engageware services or websites by checking details of visits including, but not limited to, traffic data, location data, weblogs, communication data and other general statistics regarding use of the websites.
- for complying with our legal obligations under applicable laws to protect our rights or enforce our contracts, pursuing remedies available to us, or complying with lawful requests or judicial proceedings.
3. Data Retention and Your Rights
Engageware retains Information for as long as necessary to fulfill the purposes for which it was collected and to comply with legal, regulatory, and internal policy requirements. When personal data is no longer required, we securely delete or anonymize it. You have the right to access your personal information and to request that Engageware limit its use or disclosure of, change, delete or correct your data at any time. Should you wish to do so, please contact us by email to privacy@engageware.com, and we will respond within a reasonable timeframe. Except as specified elsewhere in this Policy Statement, Engageware considers all User information collected by Engageware on behalf of a Client to be the proprietary information of the applicable Client. Accordingly, all User Information is controlled by the Client and is subject to the Client’s privacy policy and practices, which may differ from this policy. We make no representation or warranty as to the privacy policies or practices of third parties, including our Clients or providers of third-party applications. Engageware will not share a User’s Information with anyone except the applicable Client or a third-party service provider performing services on behalf of Engageware.
4. Security
Engageware’s website and services have suitable administrative, technical, and physical safeguards in place designed to protect your Information from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. Engageware utilizes industry adopted server and database security measures, including encryption of personal data over public networks. Engageware also limits its employee’s access to Information. Despite these protections, no information system is 100% secure, so we cannot guarantee the absolute security of your Information at all times.
5. Credit Card Transactions
Online credit card payments related to certain subscription services that we offer through our online ordering method are processed by a PCI certified payment processing vendor utilizing secure, encrypted payment card processing methods. Financial information will not be shared with any party not directly involved with billing of such services.
6. Third Parties
Engageware uses third-party service providers who work on our behalf and who are bound by contract to keep all Information confidential and use the Information solely to carry out the services that they are performing for us. For example, Engageware uses third party service providers to assist with the following: Hosting of the application servers and collected Information, sending appointment confirmations, sending reminder e-mails and text/SMS messages. In addition, our services include some features which allow Clients to integrate with third party applications and which may bring in data from those applications to the services provided by Engageware. For more information about the purpose and scope of data collection from such third-party applications, please review the privacy policies of third parties which provide such applications.
7. Devices, Cookies, and Similar Technologies
Engageware uses cookies and similar technologies to analyze trends, administer the website, track users’ movements, and gather demographic information. Cookies allow us to track overall usage, recognize users, and provide a customized experience. We also use web beacons to track the effectiveness of our emails and improve our communications. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. Disabling the support of browser cookies is not recommended since non-use of cookies may lead to reduced functionality and or an unsatisfactory user experience.
8. Children’s Privacy
Engageware’s services are not directed to children under the age of 16, and we do not knowingly collect personal data from children under the age of 16. If we become aware that we have inadvertently received personal data from a child under the age of 16, we will delete such information from our records.
9. International Transfers
Information may be disclosed to authorities, Engageware affiliates, partners, and third-party service providers. Transfers outside the EU/EEA, the UK or Switzerland, including to the United States and Latin American countries, are performed subject to appropriate safeguards to protect your data in a manner which provides a degree of protection similar to the EU (or UK or Switzerland as applicable). To achieve this, we rely on Standard Contractual Clauses or other lawful transfer mechanisms approved by the European Commission with our third-party providers outside of the EEA (or UK or Switzerland as applicable). By providing us with your Information, you agree to such transfer and/or processing.
Engageware remains accountable for processing of the personal data in case of onward transfer.
Engageware. complies with the EU-U.S. Data Privacy Framework (“EU-US DPF”), the UK Extension to the EU-U.S. DPF and the Swiss – U.S. Data Privacy Framework (“Swiss – U.S. DPF”) as set forth by the U.S. Department of Commerce. Engageware has certified to the U.S. Department of Commerce that we adhere to the EU – U.S., UK Extension to the EU-US DPF and Swiss – U.S. DPF Principles with regard to the processing of personal data received from the EU, the UK (and Gibraltar) and Switzerland in reliance (each to the extent applicable) on the EU – U.S., UK Extension to the EU-US DPF and Swiss – U.S. DPF.
If there is any conflict between the terms in this Privacy Statement and the EU-U.S., UK Extension to the EU-US DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles (each to the extent applicable) shall govern. To learn more about the Data Privacy Framework, and to view Engageware’s certification, please visit https://www.dataprivacyframework.gov/.
In compliance with the EU – U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss U.S. DPF, Engageware commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union, the United Kingdom and Switzerland, as applicable, with inquiries or complaints regarding our Privacy Statement or EU-US DPF Principles the UK Extension to the EU-U.S. DPF and or the Swiss-US DPF should first contact privacy@engageware.com. We will respond to your inquiry promptly.
In compliance with the EU – U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss U.S. DPF Engageware commits to cooperate and comply with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. 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 the EU DPAs, the UK’s ICO or the Swiss FDPIC for more information or to file a complaint. Their services are provided at no cost to you.
If we transfer personal information received under the EU-US DPF, the UK Extension to the EU-U.S. DPF and or the Swiss-US DPF to a third party, the third party’s access, use, and disclosure of the personal data must also be in compliance with our EU-US DPF, the UK Extension to the EU-U.S. DPF and or Swiss-DPF obligations, and Engageware will remain liable under the EU-US DPF, the UK Extension to the EU-U.S. DPF and or the Swiss-US DPF for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage. Engageware is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Under certain conditions, an individual can invoke binding arbitration. Engageware will disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
When we transfer data outside of other countries which provide for specific international transfer mechanisms or other governmental clauses, we will apply those as specified under the privacy laws and regulations.
10. Controller of Data
Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of personal data. In general, our Clients are the controller of Client and User Information and we are the processor of Client and User Information. For other personal data, for instance for business contact information, we may be the controller of such personal data, and, if applicable, you may contact us at privacy@engageware.com.
11. Opt Out
To Opt-Out from receiving Engageware announcements of certain information you can use the “unsubscribe” links in the email messages. To view, remove, change, or transfer the Information collected by the websites, please send a written request detailing your desired action to privacy@engageware.com, or you may send the request to:
Data Privacy & Compliance
Engageware
100 Ames Pond Drive STE100
Tewksbury MA 01876
12. Requests to View, Remove, Change, or Transfer Your Information Collected By a Client.
As noted above, Engageware considers all User Information collected by Engageware on behalf of a Client to our services, to be the proprietary information of the applicable Client. A Client may share your information pursuant to their own privacy policies. To initiate a request to modify the collected information from a Client’s data set, you must contact the Client (the company you interacted with, via the Engageware services) and request the desired action. The Client should have provided you with the appropriate contact information during the interaction. If you are unable to resolve your request with the Client, please provide the name of the Engageware Client who you interacted with to Engageware. We will refer your request to that Client and will support them as needed in responding to your request.
13. Residents of The State of California (California Consumer Protection Act, CCPA)
If you are a resident of California you have additional data rights pursuant to the applicable sections of the CCPA. Please reference the various sections of this Privacy Statement for the categories and description of the data collected and its usage and the available remedies if you would like to add, change or remove your data or if you believe that your data is not being used appropriately. Note that Engageware does not sell, trade or use your information for compensation or for other considerations to, or with, any third parties.
14. Contacting Us
Please direct any questions or requests regarding our Privacy Statement to our privacy coordinator at privacy@engageware.com, or contact us at 1-877-884-9224
Last reviewed 09/06/2024