Privacy Policy (October 13, 2020)

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 consumers, including contact details, shopping histories and other personal information.  We analyze that information and develop and send communications to the consumers 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.  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 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 “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.

PERSONAL INFORMATION WE COLLECT

Personal Information we collect for Emotive’s own commercial and business purposes

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.

How we collect the information

We may collect information:

• Directly from individuals.
• From third party vendors, data brokers, or business partners.
• From recruiters for US-based job candidates.

Types of information we collect

The types of information we collect include:

• Contact information and other identifiers (such as name, business name, address, telephone number, email address, and mailing address).
• Payment information (such as credit card or other financial account numbers from our clients).
• Employee or HR related data for US-based job applicants seeking employment with Emotive.

Personal information we collect and process on behalf of our clients

We may collect information about individual consumers from our client 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’ consumers’ contact details and demographic data, shopping histories, and details about consumers’ interaction with marketing communications.

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. 

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.  Please see the “Privacy Preferences, Rights and Choices” section below for information about how you may opt out of, or limit the use of, your browsing behavior for online behavioral advertising purposes. 

The information we collect by automated means varies based on whether we are collecting information for our own commercial or business purposes or whether we are collecting information from or on behalf of our clients to provide our services.

Automated data collection for Emotive’s own commercial and business purposes

The information collected by automated means for our own commercial and business purposes includes:

• Details about the devices that are used to access our websites (such as the IP address, and type of operating system and web browser).
• Dates and times of visits to, and use of, our websites.
• Information about how our websites are used (such as the content that is viewed on our websites and how users navigate between our webpages, and the date and time of access).
• Details about how individuals interact with our emails (such as whether the email is opened and which links are clicked in the email).
• URLs that refer visitors to our websites.
• Search terms used to reach our websites.

Web browsers may offer users of our 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.

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.

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.

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, technology support, web hosting, and email communications).
• Survey and market research providers.
• Advertising and marketing partners.
• Analytics organizations.

In addition, we may share your information to comply with legal and regulatory requirements, toprotect 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, or as part of a sale or restructuring of our business. 

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.

PRIVACY PREFERENCES, RIGHTS AND CHOICES

Applicable law may give you certain rights and choices regarding Emotive’s processing of your personal information.  Individuals 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).

Online behavioral advertising

Some of the business partners that collect information about users’ activities on our websites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising.  For example, users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative (https://optout.networkadvertising.org/) or the Digital Advertising Alliance (https://optout.aboutads.info/).

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.

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.

CALIFORNIA RESIDENTS

Emotive does not sell personal information to third parties for their direct marketing purposes.

Because most of the personal information we process is collected on behalf of our clients, and not for our own commercial purposes, Emotive is not a “business” as defined in the California Consumer Privacy Act (CCPA).  As our business and operations grow, we may become a covered business under the CCPA, in which case we will update our practices and this Privacy Policy accordingly.

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.

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.

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.  We will then destroy the personal information or anonymize the information, in accordance with applicable law.

HOW TO CONTACT US

You may contact us with questions, comments, or complaints about this Privacy Policy or our privacy practices, or if you wish to access, delete or correct information, by emailing info@emotive.io.

Previous Version: February 6, 2020