Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the privacy practices of 317 Labs, Inc. d/b/a Emotive and its subsidiaries and affiliates (collectively, “Emotive” or “us” or “we”).

Emotive provides marketing technology services to other businesses – our clients.  To take advantage of our services, our clients share with us information about their individual end customers, including contact details, shopping histories and other personal information.  We analyze that information and provide a platform to clients so they may develop and send communications to their customers only at the direction of the client who provided the information, and only on that client’s behalf.  We may also collect personal data for our own commercial and business purposes, such as business contact details of potential clients or US-based job applicants’ resumes.  We don’t have an office, employees or other establishment in the European Economic Area (EEA) and don’t offer our services to individuals in the EEA.  

This Privacy Policy applies to the www.emotive.io and www.emotiveapp.co websites and any other websites or online services controlled by us and which display this Privacy Policy (collectively, the “services”). It describes how we collect, use and share personal information in connection with operating those services, as well as related rights you may have.  This Policy also refers to our processing of personal information received from and processed solely on behalf of our clients in support of their commercial and business purposes, which is ultimately governed by the terms of our client agreements.  If you are a customer of one of our clients, our client is the owner and “controller” of your personal information, so please refer to our client’s privacy policy for complete information about your rights.

Our website and online services are designed for businesses and are not intended for personal, family or household use. By accessing or using our services, you signify that you have read, understood and agree to our collection, storage, use and disclosure of personal information as described in this Privacy Policy, Terms of Service, and any other agreement you have with Emotive.

PERSONAL INFORMATION WE COLLECT

We may collect information about individuals who interact with Emotive when using our website or services (such as employees of our clients), US-based job applicants, and other individuals. The categories of information we collect can include:

• Information you provide directly to us.  We may collect personal information, such as your contact information and other identifiers (such as name, business name, address, telephone number, email address, and mailing address) and payment information (such as credit card or other financial account numbers from our clients).  We collect this information when you register for or use our services, sign up for our mailing list, or otherwise communicate with us.  We may also collect any communications between you and Emotive and any other information you provide to Emotive.  

• Customer information we receive from clients.  We may collect information about end customers from our clients or – at clients’ request – from their other service providers.  Our clients determine the scope the information transferred to us, and the information we receive may vary by client.  Typically, we may collect clients’ customers’ contact details and demographic data, shopping histories, and details about consumers’ interaction with marketing communications. Customer information is owned and controlled by our clients, and we collect and process such information solely on behalf of our clients in accordance with our agreements with clients.

• Data collected through the use of the services.  We collect information about how you use the services, your actions on the services, and content you post to the services (“User Content”).  Please remember that Emotive may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property.  By using the services, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes.

• Information we receive from third parties. From time to time, we may receive information about you from third parties, such as vendors, data brokers or business partners.  We may also collect information about you that is publicly available. 

• Information we collect and receive about US-based job applicants/candidates.  If you apply for a job with us, we may collect personal information directly from you, such as [insert].  We may also collect information from recruiters about US-based job candidates. 

2. COOKIES AND OTHER INFORMATION COLLECTED BY AUTOMATED MEANS

We, our service providers, and our business partners, may collect certain information about the use of our websites by automated means, such as cookies, web beacons and other technologies.  Likewise, as part of our services, we may offer our clients the ability to install these types of technologies on their websites or in the emails they send to their customers; and if a client does so, we collect information on its behalf.  A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.  A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server.  We and our service providers and business partners may collect information about your online activities over time and across third-party websites when you use our websites and mobile applications. 

We, and our third-party partners, use these technologies to automatically collect usage and device information, such as:

• Your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, device or your account, and other such information. 

• We also collect information about the way you use our services, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, search terms used, how frequently you access the services, whether you open e-mails or click the links contained in e-mails, whether you access the services from multiple devices, and other actions you take on the services. 

• When you access our services from a mobile device, we may collect unique identification numbers associated with your mobile device, carrier, device type, model and manufacturer, device operating system brand and model, phone number and, depending on your device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.

We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the services and to understand more about our users by monitoring aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices. 

Do Not Track Signals. Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.  

If you would prefer not to accept cookies, most browsers will allow you to (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that not accepting cookies may negatively impact your experience using the services, as some features and services on our services may not work properly. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. 

We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third-Party Tracking and Online Advertising” below.

Automated data collection on behalf of our clients

The information collected by automated means on behalf of our clients may include:

• Details about the devices that are used to access our clients’ websites (such as the IP address, and type of operating system and web browser).

• Dates and times of visits to, and use of, our clients’ websites.

• Information about how our clients’ websites are used (such as the content that is viewed on our clients’ websites, purchase history, and how users navigate between webpages, and the date and time of access).

• Details about how individuals interact with our clients’ text messages (such as whether the message is opened and which links are clicked in the message).

• URLs that refer visitors to our clients’ websites.

• Search terms used to reach our clients’ websites.

Web browsers may offer users of our clients’ websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly.

3. OUR USE OF PERSONAL INFORMATION

Our use of personal information for Emotive’s own commercial and business purposes

We may use personal information to:

• Provide our services to our clients.

• Communicate about the products and services we offer, and respond to requests, inquiries, comments, and suggestions.

• Analyze and enhance our communications and strategies (including by identifying when email or other messages sent to you have been received and read).

• Operate, evaluate and improve our business, our websites, and other products and services we offer (including to develop new products and services).

• Invoice and collect payment for our services.

• Establish and maintain an individual’s profile in our service.

• Tailor the content we display in our communications, in our services and in mobile apps.

• Administer surveys and other market research.

• Comply with legal requirements, judicial process, and our company policies (including to verify users’ identity in connection with access or correction requests).

• Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.

• Process employment applications.

• Monitor recruiting statistics, to inform our recruitment activities. 

We may aggregate and/or de-identify any information that we collect, including information collected from or on behalf of our clients, such that the information cannot reasonably be linked to a particular individual.  We may use, disclose and otherwise process such non-personal information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

Our use of personal information on behalf of our clients

We use personal information we collect from or on behalf of our clients to provide services to our clients at their direction.  We do not use this information for Emotive’s own purposes.  We use personal information only as directed or authorized by our client.  Typically, we are directed or authorized to use personal information collected on behalf of the client to:

• Help customize marketing strategies for our clients.

• Personalize marketing content for our clients’ customers.

• Target customers for our clients’ marketing campaigns.

• Analyze and enhance our clients’ communications and strategies (including by identifying when text messages sent to you have been received and read).

• Analyze results from marketing campaigns for our clients.

4. OUR SHARING OF PERSONAL INFORMATION

We may share personal information for the purposes set out in this Privacy Policy with:

• Service providers that perform services on our behalf, such as technology providers (including providers of payment processing, analytics services, technology support, web hosting, and email communications).

• Survey and market research providers.

• Advertising and marketing partners.

• Other companies and brands owned or controlled by Emotive and other companies owned by or under common ownership as Emotive, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns.  These companies will use your personal information in the same way as we can under this Privacy Policy or relevant agreement with Emotive.

• Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings.

In addition, we may share your information to comply with legal and regulatory requirements, to enforce our Terms or Service or other agreements with you, and to protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities. 

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify an individual directly.

5. CAREERS

If you submit your information in connection with job opportunities at Emotive, we will use and disclose the information to process your application (including to contact you and/or your references and former employers if appropriate), to monitor recruitment statistics, and to comply with government reporting requirements.  We also retain statistical information about applicants to help inform our recruitment activities.  We will process this information based on our legitimate interest of evaluating job candidates or, when you provide us with sensitive information, based on your consent.

6. PRIVACY PREFERENCES, RIGHTS AND CHOICES

Applicable law may give you certain rights and choices regarding Emotive’s processing of your personal information. Individual customers whose personal information Emotive processes on behalf of a client should contact that client to exercise the rights and choices they have.

With respect to requests that concern personal information collected for our own commercial and business purposes, we reserve the right to verify the identity of the individual to help ensure that we provide the information to individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information.

Marketing emails

You may unsubscribe from receiving marketing or other commercial emails from Emotive by following the instructions included in the email.  However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our website terms).

7. THIRD-PARTY TRACKING AND ONLINE ADVERTISING

We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our services over time so that they may play or display ads on our services, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an e-mail address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.  

To learn more about interest-based advertising and how you may be able to opt out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again. 

Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our services on your browser, log in to your account on our services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed e-mail address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/. 

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the services. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.   

8. HOW WE PROTECT INFORMATION

We maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized access, disclosure, alteration, use, loss, or destruction.  However, we cannot guarantee that the safeguards we maintain will ensure the security of the personal information.

9. LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT

We may provide links to websites and other third-party content that is not owned or operated by Emotive.  The websites and third-party content to which we link may have separate privacy notices or policies.  Emotive is not responsible for the privacy practices of any entity that it does not own or control.

10. DATA SUBJECTS IN THE E.E.A., UNITED KINGDOM AND SWITZERLAND

317 Labs, Inc. d/b/a Emotive is a corporation headquartered in Los Angeles, California that does not have an office, employees or other establishment in the EEA, United Kingdom or Switzerland (collectively, the “Other Countries”).  Emotive’s services are for other businesses, not natural persons.  If you visit our website or contact us, your personal information will be processed in the United States—which has neither sought nor received a finding of “adequacy” from the European Commission as referenced in Article 25 of the European Union’s General Data Protection Regulation (GDPR)—and will be handled in accordance with this Policy and applicable U.S. law, unless we have agreed otherwise in writing with you or with a client or other third party you are affiliated with.

Some of the data that we process on behalf of clients in connection with providing our services may include personal information relating to natural persons who are in Other Countries.  Our processing of such information is governed by our agreements with those clients.

11. CHANGES TO OUR PRIVACY POLICY

Emotive reserves the right to change this Privacy Policy at any time.  When we update this Privacy Policy, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Policy and providing other notification as required by applicable law.  We may also notify you of changes to the Privacy Policy in other ways, such as via email or other contact information you have provided.

12. DATA RETENTION

We will retain personal information only for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may govern the retention of the data, and our legal or regulatory obligations.  

13. HOW TO CONTACT US

You may contact us with questions, comments, or complaints about this Privacy Policy or our privacy practices by emailing info@emotive.io.

Previous Version: October 13, 2020