Encora Digital Inc. and its affiliates (“Encora,” the “Company” or “we”) believe that the responsible use of Personal Data is critical to our business objectives and reputation. This Encora Apps Global Privacy Notice (the “Privacy Notice” or “Notice”) explains the different ways in which we collect, use and share Personal Data. The extent and type of information we receive from you depends on the information you provide to us voluntarily. The purpose of this Notice is to ensure that all individuals whose Personal Data is collected by Encora are well informed about how and why Encora collects Personal Data and what rights are available to them, including under the General Data Protection Regulation (“GDPR”), California Consumer Privacy Act (‘CCPA’) and any other applicable data protection legislation and regulations.
This Notice is intended to provide website users, social media users, customers, job applicants, users of our apps, business partners/ vendors and other service providers with information on how Encora collects, protects, and uses Personal Data. This Notice refers to Encora’s website and apps as the “Services.”
“Data Subject” means an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Personal Data” and “Personal Information” means any information relating to an individual that can be used to identify that individual either on its own or in combination with other readily available data.
“Pixels” means small, graphic images on web pages, web-based documents, or in email messages that allow us or third parties to monitor who is visiting our Sites (or other third-party sites) or if an email has been read.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of Encora.
“We”, “our”, and “us” in this Privacy Notice refers to Encora Digital Inc., its affiliates and any sub-processor or contractor delivering the services and products herein on behalf of Encora and its affiliates.
4. Collection of Personal Data
Information you actively submit
We collect Personal Data when you voluntarily provide it to us. Personal Data we collect may include contact information, such as your name, address, email address or telephone number, professional information. We collect user names and passwords from users of our apps.
We may also collect information you choose to provide to us when requesting information. In the ordinary course of our business, we do not collect or otherwise process Personal Data about race, religion, sexual orientation, health or any other information that is deemed to be sensitive.
Personal Data from other sources
Personal Data may be collected either electronically or physically, including but not limited to emails, cold calls, resumes, social media networking sites, subscription to databases, prospective candidate search engines and online identifiers, sales events, as well as offline events and information provided offline to one of Encora’s representatives.
Data we collect automatically
When you visit our sites, we automatically collect general technical user data, including but not limited to, your device’s Internet Protocol (IP) address, operating system and browser type, your location, and the date and time of your visit, may be automatically collected through the use of “cookies”, as described below.
Combination & synchronization
We may combine and synchronize information that your device transmits, information that you actively submit and information that we obtain from third party sources (including web publishers, advertisers, data brokers and online service providers that may have obtained information from you or your devices via cookies, pixels, and other tracking technologies for the purpose of analytics and ecommerce).
Information tracking technologies
A technology called cookies may be used to provide you with tailored information. A cookie is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive, so we can recognize you when you return.
If you prefer to not receive cookies while browsing the website, you can set your browser to warn you before accepting them and refuse the cookie(s) when your browser warns you, or you can set your browser to refuse all cookies from the website (or certain parts of the website), and/or you can delete cookies received from the website using your browser, for instance. Cookie handling instructions vary depending on the particular browser being used, and Encora does not assume responsibility for any undesired results arising from altering your browser's cookie handling settings.
We may use, and allow third parties to use, pixels (sometimes called web beacons) on our Sites (or other third-party sites). Pixel and/or cookie data may be linked to other data that we or third parties have about you. For more information on the categories and types of cookies used by Encora’s website, please refer our Cookie Disclosure Policy. https://www.encora.com/cookie-disclosure-policy.
We collect Personal Data of our employees, applicants and candidates, business partners, suppliers, and vendors which includes but not limited to contact names, addresses, phone numbers and email addresses, for the administration of our business relationships. If you feel that your Personal Data is being collected inappropriately, please notify us at email@example.com.
5. Purpose & use of collected Personal Data
Personal Data we collect, and use will depend on the personal information concerned and the specific context in which we collect it and the purpose for which it is used. In general, Encora uses the data collected for the purposes described below.
A. To Provide the Services: We use Personal Data, including your email address, user identifier, and password, to provide Encora’s apps and other services to you.
B. Sales and Operations: To operate our business, including our website, we use Personal Data to assess queries, requirements, and process requests for services, to understand and assess website usage and to deliver our services to clients and potential clients.
C. Communications and Marketing: We use data collected to communicate with you and personalize our communications with you. Additionally, you can sign up for email subscriptions and choose whether you wish to receive promotional communications from Encora by email, SMS, post and telephone or other means of communication. We may process your Personal Data to contact you via email, telephone, SMS or other methods of communication to provide you with information regarding our offerings that may be of interest to you.
D. Careers: We may use information provided by you in connection with your application for employment to assess your qualifications for employment and we may share this information with clients and affiliates of Encora solely in connection with our efforts to evaluate you for current and future positions at Encora and for assignment to one or more Encora clients.
E. Personalized Advertising. We use Personal Data to deliver advertising to you on other sites.
F. Security. We use Personal Data to detect, investigate, and prevent activities that are fraudulent or illegal, violate our policies, or pose safety or security threats.
G. Aggregated/Anonymized Information. We combine Personal Data into aggregate or anonymized data that is not reasonably identifiable to you. We use such data for a variety of purposes, including performing analytics to understand the use of our Services.
6. Data protection rights
Below, you will find additional information about how Data Subjects in the European Economic Area [and UK] [and California] may exercise their data protection rights:
- If the processing of Personal Data is based on your consent, you have a right to withdraw consent at any time for future processing.
- You have a right to request us to rectify or correct your Personal Data. Please inform us of any data which you would like rectified, and we usually respond within a month of the request.
- You have a right to access your Personal Data. Please contact us if you would like confirmation that your data is being processed and to request access to your personal data. There is no charge for providing you with this data and it will usually be provided within a month of the request.
- You have a right to request that your Personal Data be erased, subject to certain exceptions. You may exercise your right to have your personal data erased in a number of circumstances (e.g. if the data is no longer necessary in relation to the purpose for which it was created, or you withdraw your consent). Wherever possible, we will comply with all such requests, though some details are part of Encora’s permanent records (e.g., your name, accounting records) which cannot reasonably be deleted.
- You have a right to restrict processing of your Personal Data. You can tell us that we can keep your data but must stop processing it, including preventing future mailings and communications. If possible, we will inform any third parties to whom your data has been disclosed, of your requirement.
- You have a right to object to the processing of your Personal Data. We will stop processing your data if you object to processing based on legitimate interests or the performance of a task in the public interest / exercise of official authority.
- You have a right to request data portability. Your data is stored across manual records and electronic database. We will do our best to provide information in a portable format.
- You have a right to not to be subject to automated decision-making including profiling; and
- You have a right to lodge a complaint with a data protection authority.
Sale of Personal Information
While Encora does not sell your Personal Data in exchange for any monetary consideration, we do share your information in ways that could be deemed a “sale” as defined by the CCPA. We support the CCPA and wish to provide you with control over how your Personal Data is collected and shared.
7. Information retention & accuracy
We take reasonable steps to ensure that Personal Data we receive, process, or maintain is accurate, complete, and reliable for its intended use. We rely on the accuracy of the information provided directly to us but accept responsibility for the management and confidentiality of the Personal Information collected.
In general, we keep Personal Data only as long as we need it to provide you the services you requested, to consider your application for current and future positions or for the purpose for which the information was provided. We retain your data as long as we have an ongoing relationship with you (in particular, if you have an account with us). We may also process data on behalf of third parties who have engaged us. We keep Personal Data processed on behalf of third parties for as long as needed to provide services to third party in question. However, we reserve the right to retain Personal Data for any period required by law or to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. Data Minimization
We take reasonable steps to ensure that the Personal Data that we process is limited to the purposes set out in this Notice or as required to provide the services you request.
9. Sharing of Personal Information and Accountability for Onward Transfer
a) Personal Data is shared in accordance with the procedures stated as follows:
- With your consent.
- At your direction. For example, when you use certain Encora apps, you may direct us to share your account credentials and other Personal Data with the third-party platform with which the app interacts.
- We use affiliated and unaffiliated service providers all over the world that help us deliver our service and run our business subject to confidentiality agreements.
- We will disclose data as required by law including to meet national security requirements or to protect you, other users, us or third parties from harm, including fraud, data security breaches or where someone’s physical safety seems at risk; and
- In a reorganization or sale of some or all of our company or assets, your data may be transferred, subject to the acquirer accepting the commitments made in this Privacy Notice and in compliance with applicable law.
When Encora does share your Personal Data with other entities that act as our service providers and/or sub-processors, Encora will:
- transfer such data only for limited and specified purposes.
- ascertain that the sub-processor is obligated to provide at least the same level of privacy protection as is required by this Policy.
- take reasonable and appropriate steps to ensure that the sub-processor effectively processes the Personal Data transferred in a manner consistent with our obligations under this Policy.
- require the sub-processor to notify Encora if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by this Policy.
- upon notice, take reasonable and appropriate steps to stop and remediate unauthorized processing; and
- provide a summary or a representative copy of the relevant privacy provisions of its contract with that sub-processor to authorized regulators upon request.
b) international transfers and data processing
As a global organization, Personal Data we collect may be transferred or be accessible internationally throughout Encora’s offices around the world and between its entities and affiliates. Any transfers throughout Encora’s offices around the world takes place in accordance with the applicable data privacy laws and in accordance with our internal Privacy and Security Policies.
If you are visiting this website from a country other than the country in which our servers are located, your communications with us will result in the transfer of information across international boundaries. By visiting this website and communicating electronically with us, you consent to such cross-border transfers.
10. Security of Personal Data
Encora is committed to protecting the security of your Personal Data. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. However, we cannot guarantee that we will be able to protect your Personal Data against all security threats.
11. Limits to Your Privacy
Please learn about the privacy and security practices and policies of external websites, platforms, and third parties before providing them with Personal Data.
12. Choice Regarding Collection, Use & Distribution of Personal Information
You can choose to opt-out whenever your Personal Data is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you choose to opt-out, please contact us via email at firstname.lastname@example.org. In such an event, you will be only able to access public areas of the Sites and may be limited in the use of Encora’s Sites. In certain cases, limiting the use and disclosure of your personal data may impact functionality or prevent the use of Encora products or services.
13. Automated Decision-Making
You may be subject to a fully automated decision that could have a legal or negative impact on you if this is necessary to conclude or perform a contract, or if you have granted consent. This automated decision can include profiling in some cases, i.e. the processing of personal data that evaluates resume characteristics.
We reserve the right to modify this Privacy Notice at any time. If we decide to change our Privacy Notice, we will prominently post those changes here and any other place we deem appropriate, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make any material changes, we will notify you by means of a notice on this site. We will use information in accordance with this Privacy Notice under which the information was collected periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the confidentiality of information.
15. How to contact us
If you have any comments, questions or concerns about any of the information in this Notice, or any other issues relating to the processing of user information carried out by us, or on our behalf, please contact us by email at email@example.com.
ENCORA’S PRIVACY STATEMENT FOR CALIFORNIA RESIDENTS
NOTICE OF COLLECTION OF PERSONAL INFORMATION
This Encora Privacy Notice (“Notice”) sets forth Encora Digital Inc. and its affiliates (“Encora,” the “Company,” “we,” or “us”) disclosure obligations under California law, including California Consumer Privacy Act of 2018 (“CCPA”).
We collect the following categories of Personal Data when you interact with us: identifiers and contact information, professional or employment-related information, Internet or other electronic network activity information, and geolocation data.
We collect this Personal Data to operate and maintain our website, provide Encora’s services to you, evaluate employment applications, and display advertising relevant to you.
As described in our full Privacy Notice, we “sell” (as defined under the CCPA) information associated with your activity on our website.
CCPA Mandatory Disclosures
We collected the following categories of Personal Data in the last 12 months: identifiers and contact information, professional or employment-related information, Internet or other electronic network activity information, and geolocation data.
We collected Personal Data from the following types of sources: website visitors (through direct submissions by visitors as well as automated means); customers; job applicants and employees; social media networking sites, third-party databases; and in-person events.
We disclosed the following categories of Personal Data for a business purpose in the last 12 months: identifiers, Internet or other electronic network activity information, and geolocation data. We disclosed these categories of Personal Data to vendors who support the operation of our services and perform advertising services on our behalf. In addition, we disclosed information about job applicants and employees to our service providers to support Encora’s human resources operations.
a. Abbreviated Right to Know (Collection): You have the right to request, at no charge, that we disclose to you the categories and specific pieces of Personal Information collected in the prior 12 months. b. Expanded Right to Know (Collection and Disclosure): You have the right to request that we disclose certain information about how we have handled your Personal Information in the prior 12 months, including the:
- categories of Personal Information collected about you;
- categories of sources from which we collected your Personal Information;
- business and/or commercial purposes for collecting and disclosing your Personal Information; and
- categories of third parties to/with whom your Personal Information has been disclosed/shared, including for a business purpose; and
- the specific pieces of Personal Information collected about you.
c. Access and Portability: You have the right to obtain a list of categories and a copy of the Personal Information, in a portable and (if technically feasible) readily usable format, collected on you covering the 12-month period preceding the request. d. Deletion: You have the right to request the deletion of your Personal Information we have collected from you. This right may be subject to certain conditions and limitations under the law.
Right to be Free from Discrimination: Encora will not discriminate against you for exercising your rights under the CCPA.
Instructions for CCPA Requests
Right to Know, Delete, and Access: You can make a request to exercise your right to know, access, or delete Personal Data by sending an email to firstname.lastname@example.org. We may ask you to provide additional information to verify your identity before we process your request.
Instructions for Authorized Agents
You may authorize an agent to make a CCPA request on your behalf. The agent must present your signed authorization allowing the agent to act on your behalf, or a power of attorney that meets the applicable requirements of the California Probate Code. In addition, we may contact you directly to confirm that you authorized the agent to submit the request.
Additional Rights under California Law A business subject to California Business and Professions Code Section 22581 must allow California residents under age 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be removed. Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
RIGHT FOR INDIVIDUALS LOCATED IN CERTAIN COUNTRIES
People residing in specific countries, such as those in the European Economic Area, California State in USA, possess legal entitlements pertaining to their personal data. Within the confines of applicable exceptions, they possess the right to request access to their personal data to update, modify or, delete it. To do so, reach email@example.com. Kindly note that the simply writing request does not guarantee the complete removal and that it could be some legal provisions that may prevent Encora to complete the removal under specific circumstances.
If you have a question about Encora’s privacy practices, please send an email to firstname.lastname@example.org.
Last Updated: November 21, 2021
Please note that this Privacy Notice will regularly be updated to reflect any changes in the way we handle your Personal Data or any changes in applicable laws. If we make a material change in how we process your Personal Data, we will provide appropriate notice and, if legally required, request your consent.