Amperity

Privacy Policy

Last Revised and Effective Date: July 31, 2020

We at Amperity, Inc. (“Amperity,” “we,” “us,” or “our”) created this Privacy Policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Amperity in connection with our online services (“Services”), which are made available to you through our website (the “Site”).

We will only process your personal information in accordance with applicable data protection and privacy laws.

This Privacy Policy applies to visitors to the Site, who view only publicly-available content (the “Visitors”) and individuals who work for our customers who are the Data Controller/Business subscribers who have signed up to access and use our Services (“Subscribers”). To the extent that we are collecting or processing personal information as a Data Processor/Service Provider for a Subscriber, please review the privacy policies associated with the Data Controller/Business.

By visiting our Site, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service. By signing up, accessing and/or using our Services or by clicking “I Accept”, each Subscriber is agreeing to the terms of this Privacy Policy and the accompanying Terms of Service.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

1. Information We Collect

We collect information about you in a range of forms, including personal information. In this Privacy Policy, “personal information” is to be interpreted as “personal data” is defined in Article 4 of the General Data Protection Regulation and any successor legislation.

When you sign up to use the Services, either as an individual or on behalf of a company, you may be asked to provide us with certain information. The following chart provides examples of the type of information that we collect from you and how we use that information.

Context

Types of Data

Primary Purpose for Collection
and Use of Data

Account Registration

We collect your name and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account.

We have a legitimate interest in providing account related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history.

Client Information

We collect the name, and contact information, of our clients and their employees with whom we may interact.

We have a legitimate interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing.

Cookies and first party tracking

We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. See our Cookie Section below for more information.

We have a legitimate interest in ensuring our website operates efficiently.

Cookies and Third Party Tracking

We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites. See our Cookie Section below for more information.

We have a legitimate interest in engaging in behavior-based advertising to capture website analytics.

Demographic Information

We may collect personal information, such as your age, location, and gender.

We have a legitimate interest in and are obligated to comply with applicable laws including, but not limited to, COPPA and CCPA.

Distance Information

When you use our App we collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance from a store that sells our products.

We have a legitimate interest in understanding our users and providing tailored services. In some contexts our use is also based upon your consent to provide us with geolocation information.

Email Interconnectivity

If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.

We have a legitimate interest in understanding how you interact with our communications to you so that we can improve our business operations and communication practices.

Employment Applicants

If you apply for a job posting, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your contact information and education and employment history.

We have a legitimate interest in collecting personal information from applicants for jobs to determine the applicant’s candidacy and to contact you where needed.

Feedback/Support

If you provide us feedback or contact us for support we will collect your name and e-mail address, as well as any other content that you send to us, in order to reply.

We have a legitimate interest in receiving and acting upon your feedback or issues to improve our business operations or communication practices.

Mobile Devices

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our stores.

We have a legitimate interest in identifying unique visitors and understanding how users interact with us on their mobile devices to improve our technology, business operations or communication practices.

Subscriber Information

We collect your name, billing address, shipping address, e-mail address, phone number, and payment information when you subscribe to our services.

We collect this information to perform our contract to provide you with services.

Website interactions

We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.

We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.

Web logs

We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.

We have a legitimate interest in monitoring our networks and the visitors to our websites as well as ensuring the security of our network to protect data. Among other things, it helps us understand which of our products or services is the most popular.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.

You may choose to sign-in using your Google or any other third-party identity provider account (“Third Party IdP”). By signing-in using your Third Party IdP, you are authorizing Amperity to collect, store, and use, in accordance with this Privacy Policy, any and all information that you have authorized the Third Party IdP to provide to Amperity. Such information may include your first and last name, unique identifier, e-mail address and picture.

We will collect billing and payment information, which may include your credit card number, billing address, and other payment related information (“Billing Information”). Billing Information is collected and processed by our third-party payment processor operating as our agent (See, Onward Transfers to Third Parties). Amperity does not directly obtain or process any Billing Information.

2. Information Collected Using Cookies

Like most websites, we use automatic data collection technology when you visit the Site to collect information that identifies your computer. This comprises information about your operating system, your IP addresses, browser type and language, referring pages and URLs, keywords, date and time, and what sections of the Site you visit (the “Usage Information”).

We collect this Usage Information by using cookies. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. You can reject cookies by following the directions provided by your browser vendor or by your Internet provider’s “help” file. If you reject cookies, you may still visit the Site, but may not be able to use some areas of the Site.

(a) Cookies We Use

Type of cookie

Purpose

Essential Cookies

We also use certain cookies which are strictly necessary for the provision of the Services to customers’ end users who have requested those Services (for example, so that we can identify customers’ end users). Use of these cookies is essential to enable us to provide the Services requested by customers’ end users.

Functionality Cookies

We use cookies on our Site (and the Usage Information collected) to help us identify you and analyze how you use our Site. These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Services which you can customise. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.

(b) Third Party Cookies

We also work with trusted third party partners which use cookies to collect Usage Information about how visitors use our Site, for example, which pages our visitors go to most often, and if they get error messages on those pages. Until you become an Amperity subscriber, these performance cookies don’t collect information that identifies you as an individual. The Usage Information gathered is only used to improve how our Site works. The trusted third parties we currently work with include the following (click on the links to view these organizations’ privacy policies and find out more about what data they hold about you, what they do with it, and how to opt-out from certain data collection):

Type of cookie

Purpose

Analytics and Performance Cookies – Google Analytics

These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services.

We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services works. You can find out more information about Google Analytics cookies here.

You can find out more about how Google protects your data here.

You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link

Targeted and advertising cookies – Google AdWords and Twitter

We also use one or more third-party remarketing services (including Twitter and Google AdWords) to advertise to our Visitors and Subscribers on third party websites. It could mean that we advertise to previous Visitors who haven’t completed a task on our Site, for example using the contact form to make an enquiry. These third-party remarketing service providers use cookies to serve ads based on a past visit to the Site. Any data collected by such third-party remarketing service providers will be used in accordance with this Privacy Policy and the privacy policy of such third-party remarketing services provider. For more information on such third-party remarketing service providers, including how to opt out from certain data collection, please visit the following links:

  • For Google AdWords, you can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
  • For Twitter, please visit here.
  • You can disable cookies which remember your browsing habits and target advertising at you by visiting here.

If you choose to remove targeted or advertising cookies, you will still see advertisements, but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

Social Media Cookies

These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.

(c) Disabling Cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings”, “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

If you do not accept our cookies, you may experience some inconvenience in your use of our Services. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Services.

(d) Pixel Tags

We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Services to track the actions of users on our Services. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of Amperity website, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal information.

(e) User Generated Content

You may share personal information with us when you submit user generated content to our Services. Please note that any information you post or disclose on our Services will become public information and will be available to other users of our Services and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, on our Services. Such personal information and other information will not be private or confidential once it is published on our Services.

If you provide feedback to us, we may use and disclose such feedback on our Services. If you have provided your consent to do so, we may post your first and last name along with your feedback on our Services. We will collect any information contained in such feedback and will treat the personal information in it in accordance with this Policy.

3. Information Collected and Stored on Behalf of Our Customers Using the Services

As part of the Services, Amperity collects and receives authentication data about individuals as instructed by our Subscribers who are our Data Controller/Business customers (as defined above) (“End User Authentication Data”). Amperity processes and stores End User Authentication Data for purposes of providing the Services to its Subscribers. In this context, the Subscriber (and specifically not Amperity) has the direct relationship with the individuals and is solely responsible for providing notice to, and obtaining all consents and other assurances required under applicable law from, individuals regarding the collection, transfer, processing and storage of End User Authentication Data by Amperity including, for any end users that are residents of the European Economic Area.

If you are an end user who would like to correct or delete your End User Authentication Data, please contact the customer, your application, API or service provider, or contact us directly as set forth in the Section titled “Access to personal Information” below.

4. How We Use Your Information

We will use your personal information and Usage Information (together, “Information”) for the following purposes:

  • To identify you when you visit our website.
  • To respond to your requests and to provide you with the Services;
  • To respond to your inquiries and contact you about changes to the Site, and/or the Services;
  • To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving, and for billing and collection purposes;
  • To improve the Site and/or the Services;
  • For any other purposes disclosed at the time the information is collected or to which you consent. Direct Marketing Communication will only be sent with your explicit consent.
  • For internal administrative purposes, as well as to manage our relationships.
  • We may also use your information to improve our Site, and/or the Services, and may use cookies and other information to enable us to customize your user experience.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our general interest in conducting our business. Note, Amperity does not sell personal information.

We may analyze your personal information in aggregate form which does not identify you personally. We may share this aggregate data with our parent, affiliates, agents, advertisers, manufacturers and business partners.

5. Onward Transfer to Third Parties

Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third-party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: mail services (hard copy and email); hosting services; database management/back-up services; monitoring services; customer support and customer relationship management services; accounting services; and payment processors. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this Privacy Policy and implemented by Amperity. You may opt-out of having your personal information transferred to any or all of our categories of agents by contacting us at privacy@amperity.com. Please allow up to 45 days to process your request.

6. Opt-In to Certain Onward Transfers

We will not transfer your personal information to a third-party controller without first providing you with information regarding the identity of such controller or the nature of such controller’s business and obtaining your opt-in consent.

We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. You may grant such consent by contacting us at privacy@amperity.com. In each instance, please allow up to 45 days to process your response.

7. Business Transfers

We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). In the event of a merger, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity, including at the negotiation stage. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.

8. Disclosures to Public Authorities, Other Third Parties

We may be required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

9. Opt-Out for Direct Marketing

Amperity will only use your personal information for direct marketing purposes with your explicit consent (opt-in). After opting-in, you may opt-out at any time from the use of your personal information for direct marketing purposes by contacting us at privacy@amperity.com. Please allow up to 45 days to process your request.

10. How We Protect Your Information

Amperity implements reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.

Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. In the event that we are required by law to inform you of a breach of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

11. Sensitive Personal Information

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

If you send or disclose any sensitive personal information to us when you submit user generated content to our Services, you consent to our processing and use of such sensitive personal information in accordance with this Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such user generated content to our Services.

12. Your Choices

If you wish to opt-out of receiving promotional e-mails from us, please send us a message via privacy@amperity.com. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email. If you decide not to receive promotional emails, we may still send you service-related communications.

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.

13. Links

The Site and the Services may contain content, services, advertising and other materials that link to external Sites. Amperity does not endorse and is not responsible for the content of any such External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

14. California Residents

California residents have the following rights, which can be exercised as follows:

(a) Access to Your Personal Information. You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.

(b) Deletion of Your Personal Information. You may request information about how long we keep a specific type of information, or request that we delete your personal information, by contacting us at the address described below. If we are processing your information on behalf of one of our clients we will forward your request to that client and await instructions from them on whether your information should be deleted. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.

To make a request, please send a completed Request Form to privacy@amperity.com or call us at 1-800-674-8267.

Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, your telephone number, email address, and/or date of last communication with Amperity. We may also ask you to provide a signed declaration confirming your identity.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of the following information to the request:

  1. A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.
  2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.

If we do not receive both pieces of information, the request will be denied.

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Amperity may choose to opt out of our sharing your personal information with third parties for direct marketing purposes. Additionally, California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are collected, “sold” or transferred for an organization’s “business purpose” (as those terms are defined under California law). You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than you. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit an e-mail to privacy@amperity.com with “Privacy Policy” in the subject line or submit a written request to us using the information in the "Contact Information" section below. We do not discriminate against California residents who exercise any of their rights described in this Privacy Policy.

15. Questions

If you have any questions regarding this Privacy Policy, please contact us as set forth in the “How to Contact Us” section below. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question.

16. Children

This website is not directed towards children. We do not knowingly collect personal information from children under the age of 16 through the Site and/or the Services. If you are under 16, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information through the Site without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

17. Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will notify you of any changes during your next log-in to your account. This notification will include a link to the updated Privacy Policy. Your continued use of our Services after this notification will be deemed acceptance of the new Privacy Policy

18. How to Contact Us

Please address written requests and questions about your rights to privacy@amperity.com or call us at 1-800-674-8267. In the event that you have any website security concerns, please address them to security@amperity.com.