Privacy Policy

EmployeeMetrics, LLC ONLINE PRIVACY POLICY

Effective: December 1, 2018

OUR APPROACH TO PRIVACY

EmployeeMetrics and its affiliates take your privacy seriously. We at EmployeeMetrics believe that transparency and respect form the foundation for any long-standing relationship and, as a result, we take every reasonable effort to protect the information you provide to us.

Our Online Privacy Policy outlines:

• How we collect your personal information

• What personal information we collect

• How we use that personal information

• How we may share that personal information

• How we protect your information

• Your choices regarding your personal information

Please read this Policy and the Terms of Use carefully to understand our policies and practices regarding your personal information. When we refer to “EmployeeMetrics,” “we,” “us,” or “our,” we mean EmployeeMetrics or the specific division, subsidiary, or affiliate that operates this Site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

If you have arrived at this Privacy Policy by “clicking” or following an authorized link directing you to an EmployeeMetrics-operated Site, including, without limitation, the site EmployeeMetrics.com (each, a “Site” and together the “Sites”), then this Privacy Policy applies to such Site. This Privacy Policy does not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a link to such website on one of our Sites. Capitalized terms used herein without definition shall have the meanings given such terms in our Terms of Use, which also applies to your use of this Site. We recommend reviewing these materials regularly, as EmployeeMetrics may update these materials from time to time.

If you have any questions regarding this Policy or our privacy practices, please contact us at Privacy@EmployeeMetrics.com.

COLLECTION METHODS

Information is collected from you in the following ways:

Directly from You

• General “Contact Us” forms

• Submissions made in connection with a request to register an account

• Information you provide in connection with your use of the Site or a Mobile Application

From You through Third Parties

The following third parties provide services within EmployeeMetrics websites. If you choose to use these services, we suggest that you review those third parties’ privacy policies to better understand what personal information is collected, when it is collected, how it is used, and how it is protected, as well as when and with whom your personal information is shared or disclosed by those third parties. EmployeeMetrics does not control these entities or what they do with your information.

Google Analytics

Google Analytics (http://www.google.com/analytics/) is a web analysis service provided by Google Inc. (“Google”), which uses cookies to help EmployeeMetrics, among other things, analyze how users use our Site(s), to prepare reports on activity on our Sites, and assist us with expanding and/or enhancing our Services. Generally, and unless you take appropriate action, any information generated by the cookies about your use of our Site(s) or Services will be transmitted to Google and stored by Google. Google may also use the data collected to contextualize and personalize the ads of its own advertising network and/or share the data with other Google services (Google’s privacy policy may be viewed at http://www.google.com/policies/privacy/). Please note that your opting out hereunder will not serve as an opt out for Google or Google’s advertising network, and you may continue to receive ads from Google and/or Google’s advertising network. You may at any time opt out from the collection of information stored and generated by the Google Analytics cookies as well as the use of such data by Google by downloading and installing the browser-plugin which is available at https://tools.google.com/dlpage/gaoptout.

Information Collected from Business Partners and Affiliates

EmployeeMetrics may collect information from certain of our business partners that support transactions with us or have a relationship with you. This includes, but is not limited to, EmployeeMetrics affiliates or affiliated or third-party financial services companies if you make a payment to us.

Information Collected through Use of Our Websites and How We Respond to “Do Not Track” Signals

When you log on to our websites for the first time, you are presented with a notice regarding our use of cookies to automatically track certain information. We do not collect any information until you have accepted our cookie policy. You may still use our websites if you decline our cookie policy, and your information will not be collected or tracked. However, you will not have the benefits arising from our use of cookies, such as recognition of repeat users or service of advertisements for products that may interest you.

By using our Site, you consent to the collection of information about your online activities when you use our website through certain online tracking mechanisms deployed on our websites. They collect information regarding your browsing activities, including:

• IP address

• Device type

• Operating system

• Browser language

• Web pages visited, time on the website, and total number of pages viewed

• Network service provider

• Location

If you accept our cookie policy, we also use third-party ad network providers to help present targeted advertising. These providers place and access cookies, pixel tags, or similar technologies on your device to serve you ads or other content personalized to your interests, which they infer from your location and/or your browsing on the platform and other sites you have visited. In doing so, the provider collects or has access to nonpersonal information such as your browsing history.

We maintain a full list of online tracking technologies in use on our websites so you can better understand what information is being collected when you use our websites. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, and so we are not currently set up to respond to those signals. However, if you decline our cookie policy when you first log on to one of our websites, your information will not be tracked.

WHAT INFORMATION WE COLLECT

Our websites collect several categories of information, including “Personal Information,” “Anonymous Information,” and “Product or Inquiry Information.” EmployeeMetrics collects your information to provide the services outlined in this Policy or to serve you as a customer. On some pages of our website, you can make a payment or register for an account. EmployeeMetrics might also collect your information at an in-person event. The types of personal information collected at these pages and events may include:

• Name

• Affiliation

• Address

• E-mail address

• Phone number

• Credit/Debit Card Information (for payment purposes only)

These data elements are collected and processed based on your consent because such consent is necessary to carry out our obligations to you and/or in furtherance of our legitimate interests.

Personal Information

Depending on the functionality you use on our websites, EmployeeMetrics may collect the following types of personal information:

• Physical Location and Contact Information – This information allows us to identify and communicate with you, and it includes information such as your name, mailing address, e-mail address, and phone number.

• Financial Account Information – This information is needed to complete your purchase, such as your credit card information.

Anonymous Information

By using our websites and online services, you agree to the collection of certain information that EmployeeMetrics uses to improve our websites’ functionality. This information is not tied to you personally, and it is used in aggregate to better understand our website visitors, including visitor demographics (such as age, language, and gender), what web pages our visitors are browsing to, the amount of time spent on each page, the device type used to visit the website, and other technically relevant information.

Product or Inquiry Information

EmployeeMetrics uses inquiry forms throughout its websites to allow you to request information, including product or service quote information. Any personal information collected in these forms is used to fulfill your request or to better understand your request. We do not intentionally collect sensitive personal information such as Social Security numbers or financial information in these inquiry forms, but, if you provide sensitive personal information to us, you must consent to our use of this information as described in this Policy.

OUR USE OF YOUR INFORMATION

Your personal information may be transferred to and stored on servers located in any country in which we or our affiliated companies do business. We use the information you provide for the following functions:

Fulfilment of Your Request

When you use our inquiry, contest, or survey functionality on our websites, we may use submitted information in conjunction with other information we have about you to supply you with relevant product and service offerings to better respond to your specific product or service inquiries or respond to complaints. If using the Dealer Locator or Build My EmployeeMetrics functionality, your information may be provided to our dealers to satisfy your request.

Marketing and Promotions

EmployeeMetrics may use information you provide through transactions and through our websites to market new products and services to you.

Customer Service and Support

We collect and use information about you to support our customer service and support activities or related transactions. This can include, but is not limited to, warranty services, financing or purchasing, product delivery, and maintenance support.

Website Improvement

Anonymized information collected through general use of our websites is used to better understand our visitors and to improve the overall browsing experience.

THIRD-PARTY USE AND DISCLOSURE

There are links on our Sites that direct users to third-party websites. If you follow any such links and you enroll in the respective services, your name and other requested information will be transferred to the operators of the respective third-party website. If you choose to use these third-party services, please review the third-party website’s terms of use and privacy policy prior to any transfer of your personal, or other, information. EmployeeMetrics is not affiliated with such third-party websites, and you therefore acknowledge and agree that your use of such third-party websites is at your own risk, and EmployeeMetrics will not be responsible for the operation of such third-party websites or your access and use thereof.

EmployeeMetrics understands consumers’ concern over the sharing of their information with other parties. For this reason, EmployeeMetrics does not share your information except as described in this policy. We work with third-party service providers who help serve ads on our behalf on various online advertising networks. The online ad networks may use your browsing history across participating websites to show you interest-based advertisements on those websites. You may see ads for EmployeeMetrics on participating websites based on how you browse our site as well as on how you browse those websites. If you delete your cookies‚ use another computer or device‚ or change browsers‚ you will need to repeat the opt-out process. Other websites you visit may offer their own opt-outs. If you do opt out of interest-based advertisements‚ you may still see advertisements on websites you visit‚ but those ads will not be based on your browsing behavior. [To learn more about interest-based advertising‚ including how to opt out‚ please visit [LINK]. Please note that the opt-out mechanism relies on cookies to remember your choices with respect to ad-serving on websites. We may also use technologies‚ such as our own cookies‚ to provide you with personalized online display advertising tailored to your interests. To opt out of our cookies used for this online advertising‚ please visit [LINK]. To opt out of additional, third-party cookies, go to [LINK].]

We may share certain personal information with third parties retained by us to provide fraud detection and prevention services, which shared information includes some of the information that you share with us (such as your contact information and details about the subject transaction(s)), as well as some of the information from your online interactions with this Site (such as the IP address of your device). That information is shared with such third party who analyzes it, along with other information regarding other transactions by you, to determine whether a transaction could be fraudulent. Additionally, such third party may use such shared information when providing fraud detection and prevention services to its other clients. One of the third parties we use to help us detect and prevent fraudulent transactions is a company called __________ (www.__________.com), which remains responsible for its use of your personal information and will use it for the purposes set out in its privacy policy (www.__________.com/privacy).

We may also provide your Personal Information and other information that you have provided to us through our site to other companies (“Agents”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical, or reporting services; or to provide technical support. In connection with providing those services to EmployeeMetrics, an Agent may have access to your Personal Information. Such Personal Information will be treated as private and confidential by such Agents and will not be used for any purpose other than as EmployeeMetrics authorizes, and it will not be disclosed by such Agents to any third party.

EmployeeMetrics may disclose your Personal Information when required by subpoena, court order, or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state, or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent, or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of EmployeeMetrics’s rights, (e) protect the rights, property, or safety of EmployeeMetrics and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against EmployeeMetrics, or (g) protect the security and integrity of our site.

We consider the information that you provide to us to be a business asset of ours. Accordingly, EmployeeMetrics may also disclose Personal Information and other information to a third party in connection with the sale, assignment, or transfer of some or all of the assets of EmployeeMetrics or its subsidiaries or affiliates or as the result of a change in control of EmployeeMetrics, in which case we will require any such third party to treat any such Personal Information in accordance with this Policy. Any such third party to whom EmployeeMetrics sells, assigns, or transfers EmployeeMetrics’s assets will have the right to use the Personal Information and other information that you have provided to us.

We may also disclose personal, financial, and other information that you have provided to us to our subsidiary and parent companies and businesses, and to other affiliated legal entities and businesses with whom we are under common corporate control. Please note that no attorney/client or similar relationship exists between us, and therefore no communication between us, or information you provide to us or input via use of a site, will be subject to any confidentiality obligation or privilege against disclosure.

EmployeeMetrics reserves the full and unrestricted right to use and disclose anonymized information, aggregated information, or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, EmployeeMetrics’s internal use and research.

We may also share your information with the following parties:

• Business partners, dealers and, service providers to provide products and services relating to the sale of EmployeeMetrics products, internal company processes, or the servicing of your accounts or transactions

• Marketing partners, to market to you directly

• Auditors, regulators, and other entities, where legally required

• As needed to protect our rights or property

• Our affiliated companies (i.e., companies under common control or management with us)

EmployeeMetrics does not share your personal information with other unaffiliated third parties for their own direct marketing purposes. All our vendors are required to protect your information in any way they interact with it, and they are limited to using it only in accordance with their intended purpose.

EmployeeMetrics may also share or transfer your information to third parties: (a) when necessary to comply with federal or state law, a court order, or other legal or regulatory process; (b) to protect our rights or property; or (c) in connection with the sale of assets and/or the company.

NOTICE, CHOICE, AND CONSENT

Where allowed by state and federal law, you may opt out of our use of your personal information collected through the EmployeeMetrics websites to market EmployeeMetrics services, by using our Contact Us form and selecting “____ Opt Out” in the subject line drop-down menu. Please note that even if you opt out of receiving marketing material, we may still need to contact you with important information about your account or the services we are providing to you. For example, even if you opt-out of marketing e-mails, we will still send you a confirmation when you purchase our services, as well as other service-related communications.

EU residents have the legal right to request access to, and rectification or deletion of, any data you provide to us. You also have the right to seek a restriction of our processing of the data, to object to our processing of the data, or to transfer the data to another company. Note, however, that certain information is required for us to process your order, and restricting or deleting your data may make it impossible for us to provide the requested services. Should you believe that our processing of your personal information is inappropriate, you also have the right to lodge a complaint with a regulatory authority.

If you would like to minimize the information collected on your browsing of our websites, you may choose not to use all features on our websites. This may limit your online experience and the available functionality on the websites. You may also manage the information we collect through our websites by adjusting the cookie and privacy settings in your web browser or on your mobile device.

EmployeeMetrics may still contact you for information needed to service your account or to support ongoing transactions related to your account.

REQUESTS TO REVIEW AND TO MAKE CHANGES TO YOUR PERSONAL INFORMATION

Keeping your personal information accurate and up to date is very important. Please e-mail us at Privacy@EmployeeMetrics.com if you want to request, correct, or update your personal information we possess.

To protect your privacy, you will be required to provide authenticating information prior to making changes or gaining access to your information. We will respond to all inquiries and requests to review and request changes to personal information within 30 days.

SECURITY OF YOUR INFORMATION

No data transmission over the Internet can be guaranteed to be 100 percent secure. Accordingly, despite our efforts to protect your information, EmployeeMetrics cannot ensure or warrant the security of any information you transmit to us online. You transmit all such information at your own risk.

EmployeeMetrics maintains appropriate technical and organizational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected. We periodically assess risks to your information and update our policies, procedures, and technology accordingly.

CHILDREN’S PRIVACY

EmployeeMetrics does not knowingly collect personally identifiable information from or market to children under the age of 16 years old. If a child under the age of 16 has provided personally identifiable information to EmployeeMetrics through our website, a parent or guardian may contact Privacy@EmployeeMetrics.com to request that the information be deleted from our records. Following receipt of such a request, we will make reasonable efforts to delete the child’s information from our records.

PRIVACY POLICY UPDATES

As we continue to improve the products, services, and offerings to consumers, we occasionally will update this Policy. EmployeeMetrics reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Policy in whole or in part. We will provide you notice of any such changes.

OTHER IMPORTANT INFORMATION

California Residents Only:

The California “Shine the Light Law,” California Civil Code Section 1798.83, permits California residents to request and obtain once a year, free of charge, information about Personal Information (as defined by California law), if any, that we disclose to certain third parties for direct marketing purposes in the preceding calendar year. California residents may make such a request by calling  toll free at 877-781-2556 OR in writing by e-mailing Privacy@EmployeeMetrics.com with your name and address, and noting “California Shine the Light Request” in the subject line of the e-mail. Within 30 days of receiving your request, and where required by law, EmployeeMetrics will send you a list of the categories of personal information disclosed for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.

Connecticut Residents Only:

While EmployeeMetrics does not intentionally collect Social Security Numbers, EmployeeMetrics’s Social Security Number Policy (1) protects the confidentiality of Social Security numbers, (2) prohibits unlawful disclosure of Social Security numbers, and (3) limits access to Social Security numbers.