PRIVACY

EKATA PRIVACY POLICY

Dated: May 12, 2020

This Privacy Notice discloses the information practices of Ekata, Inc. (“Ekata,” “we,” or “us”) relating to the Ekata Pro Insight Web site (“Pro Insight”) and Ekata API services (the “API”) and any features and online services provided by Ekata that post or include a link to this Privacy Notice (collectively, the “Services”). It covers how Ekata collects, uses, shares, secures, retains, and disposes of the information that users of the Services provide to us. If you are a California resident, additional information is provided in Ekata’s California Privacy Notice. For additional information related to the General Data Protection Regulation, please also review our EU Privacy Notice. For information about our Privacy Shield self-certification, please see our Privacy Shield Policy.

User Consent:
By submitting or making available information to Ekata, including personal information, through our Services or related services, users expressly consent to the collection, use, disclosure, and retention of that information as described herein.

1. Scope Of Privacy Notice

This Privacy Notice governs the use of the Services by our customers (each, a “Customer’). In addition to the Privacy Notice, the use of the Services is governed either by Ekata’s Terms of Service, or a separate Master Services Agreement or other definitive written agreement to use the Services (such agreements, a “Written Agreement”), as applicable. To the extent that any provision of a Written Agreement directly conflicts with this Privacy Notice, the provision of the Written Agreement shall govern.

The Privacy Notice does not apply to Ekata’s services that Customers may use, incorporate, or link to in their own products and services; or to www.ekata.com; or to companies that Ekata does not own or control.

2. Information Collected

Ekata collects information in the form of queries submitted to the Services by Customers (“Query Information”). Ekata also collects usernames, passwords, and information when Customers correspond with us by phone/email or request support for the Services (“Account Information”). If Customers do not provide certain Account Information, such as usernames and passwords, they may not be able to use the Services or take advantages of certain features of the Services. When purchasing the Services, Ekata may also require Customers to provide billing information, such as billing name and address, ACH or credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). The Query Information, Account Information and Billing Information we collect may include “personally identifiable information,” which is information about an identified or identifiable individual (“Personally Identifiable Information”), such as first and last name, telephone number, email address, physical address, and Internet Protocol (“IP”) address of Customers’ employees and customers.

As a Customer uses Pro Insight, Ekata also collects information through commonly used information-gathering tools and services, such as cookies, Web beacons, and embedded scripts (“Usage Information”). Usage Information includes, but is not limited to, standard information from a Web browser (such as browser type and browser language), an IP address, device identifier numbers, and the actions a Customer takes on Pro Insight (such how a Customer interacts with the Web pages and the links clicked).

Query Information, Account Information, Billing Information and Usage Information are sometimes collectively referred to as “Data.”

3. Use Of Information Collected

Ekata uses a Customer’s Query Information to provide the Services, and may store that information in logs hosted by Ekata and other third parties. Ekata uses Query Information for billing purposes and to provide customer support. Ekata also analyzes Query Information to aid in identity verification, to improve the fraud detection features of the Service, and to corroborate data to improve the Service. Ekata keeps Query Information for up to three years.

Ekata uses Account Information about Customers and potential Customers to perform the services requested by such Customers. For example, Ekata may contact Customers to confirm a purchase, respond to a request, or notify Customers of changes to their account or to the Services. Ekata may also use Account Information from Customers and potential Customers for marketing purposes. For example, Ekata may use Account Information to contact Customers to gauge interest in new features of the Services or to provide details about promotions and events. Ekata keeps Account Information indefinitely.

Ekata uses Billing Information solely to collect payment from Customers. Ekata keeps Billing Information indefinitely.

Ekata collects and uses Usage Information for a variety of website administration and customization purposes. For example, Ekata may use Usage Information to measure a Service’s traffic, to measure user interests and traffic patterns, and to improve the Services. Ekata keeps Usage Information indefinitely.

Ekata’s analysis of Query Information may produce derived information (“Metadata”) that does not identify a Customer, such as the number of times an address has been submitted in a Query of the Services (also known as “velocity”), or the date an email address was first seen by the Service. Ekata does not treat Metadata as Data hereunder, except if applicable law requires us to do otherwise. Ekata keeps Metadata indefinitely, and may use it for any legitimate business purpose.

4. Usage Information

Cookies

The Pro Insight uses “cookies” and similar technologies. A cookie is a file stored on your device that may be used to identify an individual as a unique user by storing certain personal preferences and user data. Ekata uses cookies and other technologies to identify your device, identify authorized users of the Pro Insight, and track affiliate referrals.

Web Beacons

Ekata may also use web beacons, small graphic images, or other web programming code which may be included in our Web pages and e-mail messages. Ekata may use Web beacons (or similar technologies) to count visitors to Pro Insight, and to monitor how users navigate Pro Insight, among other legitimate business purposes.

Log files, IP addresses, URLs, embedded scripts, and similar data

Ekata gathers certain information automatically to administer the Services and analyze trends in the aggregate. This information may include IP addresses (or the proxy server a Customer uses to access the Services), device and application identifiers, browser type, Internet service provider, the pages and files viewed, searches conducted, operating system and system configuration information, and date/time stamps associated with usage. Also, Ekata automatically receives the URL of the Web site from which a Customer came (if a Customer follows a link to the Pro Insight). This information is used to analyze overall trends, and to provide and improve the Services. For example, Ekata collects IP addresses from Customers when they log into the Services as part of security features to confirm identity or detect compromised accounts. Ekata may also use embedded scripts, which are programming code designed to collect information about an interaction with a Web site, such as the links clicked on. The code is temporarily downloaded onto a device from our Web server or a third-party service provider, is active only while you are connected to the Web site containing the embedded script, and is deactivated or deleted thereafter.

5. Sharing Of Information Collected

Service Providers

Ekata may provide Data to third party service providers to deliver the Services to you as well as for purposes related to the Services’ administration and operation, including conducting analytics. When sharing information to provide services requested by Customers, we will share Personally Identifiable Information only as necessary for the third party working on Ekata’s behalf to complete its work, and in compliance with contractual confidentiality and security measures. For example, Ekata may transmit Query Information to a cloud service provider that hosts Ekata query logs or may provide Billing Information to a credit card processing company to complete a Customer’s transaction.

Third-Party Business Partners

Ekata occasionally partners with a variety of businesses to market or sell products or services (“Partners”). We may disclose Account Information (including email addresses, but not including other user names and passwords) to our Partners for these purposes. Some of our Partners may co-sponsor events and other offerings with Ekata. Ekata may share Account Information that Customers provide when they sign up for events or other offerings with these Partners so they can send marketing communications and other information of interest.

Compelled Disclosure

Ekata reserves the right to use or disclose any information provided to us if required by law; if we reasonably believe that use or disclosure is necessary to protect Ekata’s rights or property; to comply with a judicial proceeding, court order, or legal process; to protect against misuse or unauthorized use of the Services; or to respond to emergencies, such as when Ekata believes someone’s physical safety is at risk.

Acquirers of Business

In the event that Ekata is involved in a sale of some or all of our assets, or we are acquired by another company, the Data and any Personally Identifiable Information we collect may be among the assets reviewed and transferred.

With Consent

Ekata does not collect, use, or share Data for reasons beyond those described in this Privacy Notice without a Customer’s explicit consent.

6. Location Of Collected Information Stored By Ekata; Disposal

Data submitted to Ekata and the Services are hosted and stored in a secure environment provided by Amazon Web Services (“AWS”). The AWS physical architecture that hosts Ekata is either in the United States or the European Union. By submitting or making available Data, Customers agree to its transfer, storage, or processing in the United States.

On or before the time that Data has reached the retention limits described in Section 4, Ekata takes all commercially reasonable efforts to securely dispose of the Data in accordance with its information security policies and procedures. Please note that in all cases, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. International Transfers Of Collected Information

Ekata stores all Data in the United States, but to facilitate its global business, Ekata may access such information from around the world, including from other countries in which the Company has operations. This Privacy Notice shall apply even if Ekata transfers Data to other countries.

8. Security

Ekata implements reasonable security measures to secure Data. However, no physical or electronic security system is impenetrable. Ekata cannot guarantee the security of the Services’ servers or databases, nor can we guarantee that information that Customers supply will not be intercepted while being transmitted over the Internet. Customers should take steps to protect against unauthorized access to passwords and API keys.

9. Children’s Data Policy

The Services are not intended for use by children under the age of eighteen years old. Ekata does not knowingly collect information from children under the age of eighteen.

10. Changes To Privacy Policy

Ekata may occasionally update this Privacy Notice in response to changing business circumstances and legal developments. If there are material changes to this Privacy Notice or in how Ekata uses Personally Identifiable Information, we will post such changes prior to implementing the change. Ekata encourage periodic review of this Privacy Notice to remain informed of how Ekata collects and uses Data.

11. Contact For Opting Out, Data Access, And Disputes

If Customers have any questions or complaints about this Privacy Notice, please contact legal@Ekata.com. If a Customer has an identified and authenticated EU data subject that wishes to exercise an individual opt-out or data access right, Customer should contact Ekata’s Chief Privacy Officer at the address provided in its Written Agreement, if applicable, or should email euprivacy@Ekata.com. For questions or complaints related to Privacy Shield, applicable data subjects should follow the instructions listed in our Privacy Shield Policy Individual EU data subjects may, subject to providing additional information to validate their identity, exercise their rights by emailing euprivacy@Ekata.com.