Effective April 1, 2020
Effectual Inc., which provides managed and professional services, welcomes this opportunity to advise you of its approach to data privacy.
Effectual does not meet the requirements to be a “business” governed by the California Consumer Privacy Act (“CCPA”), and is not in this Policy assuming obligations it does not otherwise have by law. But for convenience, terms used in this Policy are to have the same meaning as in the CCPA (unless stated otherwise). In this Policy, “personal information” (which may be referred to as “PI”) means (unless otherwise stated) information that is maintained in a manner that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly to a particular individual (a natural person), excluding information lawfully available from federal, state, or local government records.
By using Effectual’s Websites, you consent to the collection, storage, and processing of your PI pursuant to this Policy, in any State in the United States, and in any country to which we may transfer your PI in the course of our business operations. As you review this Policy, keep in mind that legal protections for personal information (and definitions of what is governed and how) are not the same in all jurisdictions, inside and outside the United States, are rapidly evolving, and are complex. Not all laws apply to all entities, individuals, or information, or in all locations, or all circumstances. For more information about this Policy’s scope, and region-specific disclosures, including for California, please see Section VIII, below.
II. Contacting Us
Data privacy is important to us. If you have questions about this Policy, wish to exercise rights provided you pursuant to this Policy, or otherwise under applicable law (whether or not referred to in this Policy), wish to correct your PI, or due to a disability need to access the Policy in an alternative format, you (or your authorized agent) should contact us, only at:
By telephone: 800.991.3011 (toll-free); or
By e-mail: firstname.lastname@example.org
When contacting us, please do not provide any personal information beyond the minimum necessary to verify your identity. We strive to limit the PI collected in connection with verification, by matching information you provide with information about you in our systems (if any). Certain requests, however, may require us to obtain additional PI from you. Depending on the circumstances, we may decline or limit responses to requests, including for security where we are unable to verify identity, or where another entity is responsible for that PI and any disclosures related to that PI (such as where Effectual is providing or has provided services to that entity).
Please do not provide us personal information about others unless and until you have their permission to do so (for example, for referrals).
No data transmission over the Internet, or data storage, may be guaranteed as entirely secure. We do implement reasonable physical, administrative, and technical measures to protect PI from unauthorized access, destruction, use, modification, or disclosure. Users can take steps also to protect themselves, such as by keeping confidential any sensitive information; not accessing the Website from unsecure Wi-Fi; and when discarding sensitive information, shredding or otherwise rendering it unreadable.
For your convenience, the Websites may contain links to third party websites. Effectual is not responsible for such websites or their privacy practices. Links to other websites are not an endorsement of, or representation that we are affiliated with, such other entities. If you are interested in visiting (including “liking” us on) other websites, we urge you to first review and ensure you are comfortable with their privacy policies, which may differ from ours.
V. What Personal Information We Collect, Use, And Share, and Why
Effectual directly and indirectly collects information through use of the Website, and receipt of its e-mails. Effectual collects, uses, and discloses that information for various purposes, described on the chart linked here. Effectual does not, sell, rent, trade, or otherwise transfer PI collected through or to use the Website or its e-mails to others for monetary or other valuable consideration, or for another’s direct marketing or other commercial purposes. Entities providing services to Effectual are contractually obliged to only use PI accessed as a result of that contract for the purpose of performing the contract for Effectual, or as otherwise permitted by law, not their own commercial or other purposes (our “service providers”).
Effectual also does not, sell, rent, trade, or otherwise transfer for monetary or other valuable consideration, or for another’s direct marketing or other commercial purposes, PI collected on-line or off-line (1) from Effectual’s job applicants, employees, contractors, owners, directors, officers; (2) from communications between representatives for another entity with Effectual’s representatives within the context of providing or received a product of service (“business-to-business contacts”); or (3) accessed by or accessible to Effectual through a contractual role with (for example, providing services to) another entity (“controller”) that is responsible for the information.
In addition to the uses and disclosures described in this Policy, we, and our service providers, may use and disclose PI to (1) comply with laws, including without limitation federal, state, and local laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by appropriate authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we, our service providers, or others reasonably and in good faith believe may violate law; (4) exercise or defend legal claims; and (5) provide in a privileged communication. PI may also be transferred as part of a merger, acquisition, bankruptcy (or other transaction in which an entity assumes control or all or part of Effectual).
We store and retain PI for no longer than necessary for our purposes, and in accordance with our legal obligations and legitimate business interests.
We may also collect, use, retain, disclose, or sell aggregate consumer information (by definition, not personal information).
VI. Cookies & Do Not Track (“DNT”) Signals
Like many websites, tracking tools (such as “cookies” and other technologies) collect information when you visit our Website or receive our e-mails. Cookies are small data files placed on your device’s hard drive when visiting a website or in e-mails sent to you. Cookies recognize a device when it revisits our Website, let visitors navigate efficiently between pages, remember preferences, otherwise improve the browsing experience on our Website, and help us understand how our Website and e-mails are being used. They collect information about your device(s), and your activity on the Website, such as device data (such as your device’s operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, general location); on-line activity data (such as pages or screens viewed on our Website and for how long, navigation paths between pages or screens, access dates, times and duration).
We allow our service providers to place cookies on our Website, only to provide services to us, through a contract with us. They are not to track you or your device when visiting other websites, or across devices, as a result of visiting our Website. Cookies Effectual places similarly do not track you or your device when visiting other websites, or across devices, as a result of visiting our Website.
You may be able to limit or disable some technologies, such as through your browser’s or mobile device’s settings, or plug-ins. The Website may not work, or with full functionality, if essential cookies are blocked. “Do Not Track” (“DNT”) can be set in some web browsers, expressing a preference to opt out of tracking by websites and other online services over time and across websites. But there is no universal standard for recognizing DNT signals. Nor are websites legally required to respond. Our Websites do not respond to DNT signals or other mechanisms with similar intent.
VII. Children’s Privacy
Our Websites are not intended for use by, or designed to attract, minors. We do not knowingly collect or use personal information from or about anyone under age 16. If you believe we may nonetheless have your child’s personal information, please contact us promptly using the information in Section II so we can investigate. If we discover we have collected PI of a child without appropriate consent as required by law, we will delete it.
VIII. Scope of Policy & Regional Supplements
Some laws (and notice requirements) apply only to entities engaged in certain types of operations, that meet certain specific criteria, or that operate in certain jurisdictions. Nothing in this Policy, including region-specific supplements and statutory references, constitutes an admission that a particular law applies to Effectual, or to information to which it may have access.
Except where explicitly referred to, this Policy does not address personal information:
- gathered off-line (meaning other than through use of the Website);
- of Effectual’s employees, job applicants, contractors, owners, directors, or officers (to the extent their personal information is collected and used solely within the context of those roles);
- from communications between representatives for another entity with Effectual’s representatives within the context of providing or receiving a product of service (“business-to-business contacts”); or
- potentially accessible to Effectual (if any) through a contractual role with (for example, providing services to) another entity that is responsible for the information. As a provider of managed and professional services, not data storage, Effectual does not serve as the “controller” for, and does not anticipate serving as a data “processor” for, its customers’ data (unless provided to the contrary in particular agreements).
The following are supplemental disclosures based on location and/or place of residency.
- Personal Information collected about residents of the State of California
- Inquiries about third party direct marketing (“Shine the Light”)
For this paragraph, we refer to and use the definitions in California’s “Shine the Light” Law (Cal. Civil Code Section 1798.83). Certain California residents who have an established business relationship with certain entities have a right to, once per calendar year, request information about disclosures of categories of personal information for another entity’s direct marketing purposes to the customer in the prior year (if any). A “customer” is a Californian who provides personal information as part of a transaction primarily for personal, family, or household purposes; the direct marketing would similarly be for the customer’s personal, family, or household purposes.Effectual’s managed and professional services, and its Websites, are for business, not personal, family, or household use. And as noted in Section V, Effectual does not transfer personal information to others for that other entity’s direct marketing purposes. Without conceding this law applies to Effectual or that it is obliged therefore to respond, to have a request considered please use the contact information in Section II.
- California Consumer Privacy Act (“CCPA”)
The CCPA (Cal. Civil Code Section 1798.100, et seq.) provides certain rights to residents of California, with respect to personal information (defined differently in the CCPA than in the “Shine the Light” law, and to include households). Terms used in this Policy defined in the CCPA are, for convenience, intended to have the same meaning in the Policy as in the CCPA (unless stated otherwise). Disclosures made in the Policy are influenced by the CCPA, for example the chart linked to Section V. But only entities which the CCPA specially defines as a “business” have certain obligations (for example, to respond to requests “to know,” for copies of personal information, to delete it, to post a “do not sell” link if it is otherwise sold). As noted in Section I, Effectual does not meet the requirements to be a CCPA business, and so is not bound by the special obligations placed upon a CCPA-business. Effectual is not, in this Policy, agreeing to assume obligations it does not have by law. Without conceding the CCPA applies to Effectual, for inquiries regarding it please use the contact information in Section II.
- Inquiries about third party direct marketing (“Shine the Light”)
- Personal information collected from other States’ residents
Recognizing that data protection laws are evolving throughout the United States, individuals wishing to exercise rights under jurisdictions not specifically referenced in this Policy are welcome to contact Effectual using the information in Section II. Effectual will evaluate, and comply with requests to the extent required under applicable law.For example, Nevada law allows certain website visitors to direct entities not to sell their covered information. What information is covered, and what it means to sell, are different, narrower categories than in the CCPA. Specifically, only if covered information is sold for resale, may a consumer opt-out. As noted above, Effectual does not sell personal information collected through use of the Website. Without conceding this law applies to Effectual, for requests regarding Nevada law please use the contact information in Section II.
- Personal information collected from outside the United States
The Website is owned and operated by Effectual in the United States, where Effectual is established. Website data will be accessible to us, our affiliates, vendors, and suppliers, there, and in other countries to which we may transfer data in the course of our business operations (subject to the disclosure practices described in the Policy). If you visit our Website or otherwise communicate with us from outside the United States it will necessarily result in the transfer of data across international boundaries. By doing so, you consent to collection, storage, and processing of your data in any State in the United States, and in any country to which we may transfer your data in the course of our business operations, which may have different (including lesser) data protection standards than does your State or country of residence.Some laws apply to information gathered from or about individuals outside the United States, under certain circumstances. However, the Website is not intentionally directed at individuals outside the United States. Nor are Website visitors tracked across other websites. Without conceding that data protection laws outside the United States apply to Effectual, out of an abundance of caution, to the extent any personal information is collected from within the European Economic Area (“EEA”), and if the General Data Protection Regulation (“GDPR”) applies to it, that information will be governed by the supplemental disclosures linked here. Those supplemental disclosures will, as to that information (only), take precedence over anything to the contrary in this Policy. Individuals wishing to exercise rights under the GDPR, or other international regimes not specifically addressed in the Policy, should contact us using the information in Section II. We will evaluate, and comply with requests to the extent required under applicable law.