Elo is a global business headquartered in the United States ("US"). Our management structure and business processes cross borders. Some of our information technology systems and databases are shared among our U.S., European, and other international offices. This means that your personal information may be transferred across borders. If you are located in the European Economic Area ("EEA") or Switzerland, our collection and use of your personal information is governed by the EU-U.S. and Swiss-U.S. Privacy Shield Framework, as described below (the "Framework"). Elo strives to comply with all laws and regulations governing the collection, use, and disclosure of personal information applicable between us and you, including the Framework for those in the EEA or Switzerland (these laws, collectively, "Privacy Laws").
Information Collected and Purposes of Collection
We collect and use personal and corporate information in the specific ways listed below:
EloView User Accounts.
If you are a user of the EloView service (or another one of our services utilizing software hosted on our servers) and have received log-in instructions from our customer support or sales teams for use of the password-protected portion of the Site, you may use those instructions to log in. Upon log-in, you may be asked to register, and following the prompts, supply your name, company name, company address, company website, email address, and phone number ("Contact Information"), as well as your preferred password for access to the Site. This Contact Information is used to carry out actions you request through the Site, such as requests for support, tracking transactions that are performed through the Site, to communicate with you about these actions, and to bill you and collect payment for our services. Your personal information will be shared with any other users designated as administrators for your corporate account, where applicable. Where permitted by Privacy Laws, we may also use your email address to send you promotional messages, surveys, product updates, and other communications, unless you opt out of such emails. See below under "Use of Email and Your Choices" below to understand how you may control use of your Contact Information.
Certain Elo products and services including EloView (such as trial or paid subscriptions designed to enable your business to accept payments or that allow you to use our Site to make purchases) require you to provide certain information (e.g., credit card information and billing, shipping, and e-mail addresses) solely to initiate payment processing. We do not retain or store your credit card information. All payment processing is done by a designated third-party payment processor. The information you provide to us to process payments will be shared with our payment processor as necessary to carry out the transaction. Any sharing of your personal information with such processors will be made in accordance with Privacy Laws such that the processor will use your information solely to process your payment with us, on a confidential basis, and will not retain your personal information after conclusion of the transaction.
In connection with registration on the Site, we collect other information, such as your IP address, which may be considered personal information in some jurisdictions. This information is used for purposes of validation, verification of a user account, tracking of transactions that you perform through the Site, security, and other purposes. Please see below under "Cookies" for further descriptions of information collected automatically through our Site.
Information Requests and Feedback.
The Site contains various user interfaces to allow visitors to the Site to request more information about our products and services, to use the functionalities of the Site, or to provide us feedback about them. Contact Information is requested in each case, along with information about your computer environment and/or industry, and details of your request or reported feedback. This information is used in order to allow us to respond to your requests, to assure that our software and services work correctly with your computer environment, to better understand our users' needs or your specific issue, to communicate with you about your requests and feedback, and to execute on the actions that you request via the various functions on the Site. Where permitted by Privacy Laws, we may also use your email address to send you promotional messages, surveys, product updates, and other communications, unless you opt out of such emails.
We receive referrals of new customers and business partners from other customers, business partners, or distributors of our products. These referrals usually consist only of business contact information such as company name, and contact person name and email. We use this information to contact the referred company directly for interest in our products and services.
Applicants for Positions.
The Site contains a user interface under which you may scan the Site for open employment positions within Elo and apply for the position directly via the Site. In such case, we collect your name, address, email address, phone number(s), preferred time and method of communication, as well as your resume. We use this information in order to evaluate your application and communicate with you about the position. In processing your job application, we may send information about you to credit reference agencies and fraud prevention agencies and use information from those agencies. We may also share information about you with your former employers and may use information from them.
Click-thru URLs in Email Communications.
Submission of your email address on the Site may result in your being added to our mailing list for purposes of product updates, promotional and marketing messages, and other communications, until such time as you opt out. In some of our email messages, we use a "click-through URL" linked to certain websites administered by or on behalf of Elo. Elo may track click-through data to assist in determining interest in particular topics and measure the effectiveness of these communications. If you prefer not to be tracked in this way, you should not click on text or graphic links in the email messages. See below under "Use of Your Email and Your Choices" to understand how you may control use of your Contact Information.
Use of EloView Products.
If you use our EloView service to deliver and display your own content via our hosted environment and you enable the optional analytics function, we collect device usage-related data to analyze the effectiveness and performance of your Elo device(s). The data collected includes number of touches on the device per minute and the number of faces coming into view of the device. Once images are processed to extract the number of faces, the images are deleted. The anonymous analytics data is shared with Google for its Google Analytics service (see below), as well as other similar services, and is used by us generally to improve our products and services.
We may collect information about how you use the Site such as general demographic information, viewership data, and other anonymous information (e.g., what content is viewed, related transfer rates, length of viewing, which pages are viewed, from which websites end-users came to our Site, IP address(es), browser type and other information relating to the device through which the Site is accessed, for certain service or product offerings selected by you, or other information relating to the device through which the Site or services are accessed.
We may collect certain information provided by third parties such as information for identity verification purposes, credit checks, financial or credit bureau information (such as a business owner's credit score, credit history, and bank account information) and publicly available information. We use this information in order to determine whether to extend credit in connection with sale of products and services, and to collect amounts owed to us.
In addition to the specific uses of your personal information described above, we may also make use of your personal information for the following purposes:
- Conduct our business with our worldwide affiliates and subsidiaries, consultants, and service providers;
- Improve the Site and our products and services;
- Deliver and support our services and products;
- Carry out transactions you have requested;
- Perform auditing, data analysis, and research;
- Prevent illegal activity, protect or enforce our rights, property, or customers, and contact appropriate authorities in accordance with Privacy Laws; and
- Comply with applicable law (including Privacy Laws), and with subpoenas or other mandatory legal process.
Please note, we will keep your personal information for as long as necessary for us to provide you services. We will also keep your information as necessary for backup, archiving, audit, preventing fraud, resolving disputes, and troubleshooting problems.
Cookies and Location-Based Services
"Cookies" are small text files that are stored by your web browser on your computer's hard drive. They allow websites to store such things as user preferences. Websites generally use both session cookies and persistent cookies. Session cookies are temporary cookies that expire (and are automatically erased) when you close your browser. Persistent cookies usually have an expiration date far into the future and thus stay in your browser until they expire, or until you manually delete them. While some cookies are strictly necessary to use our website or required for the performance of certain functionalities of our website, other cookies are used for marketing purposes.
The cookies used on our site are categorized as follows:
Strictly necessary cookies - let you move around the Site and use essential features like secure areas and shopping baskets. Without these cookies, we may not be able to provide services you have requested. Please note that these cookies do not gather any information about you that could be used for marketing or tracking where you have been on the internet. We use these strictly necessary cookies to enable you to submit information via online forms such as registration forms. Accepting these cookies is a condition of using the full functionality of the Site, so if you prevent these cookies we can't guarantee your use of our Site, or how the security on our Site will perform during your visit.
Performance cookies - collect information about how you use our Site, e.g. which pages you visit and if you experience any errors. These cookies used to help us improve how our Site works, understand what interests our users, and measure how effective our content is. We use performance cookies to provide anonymous statistics on how our Site is used. Some of our performance cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above. Accepting these cookies is a condition of using the full functionality of our Site, so if you prevent them we cannot guarantee how our Site will perform for you. Please see the information on our use of Google Analytics.
Functionality cookies - are used to provide services or to remember settings to improve your visit. These cookies are only placed on your hard drive if the related functionality is used.
Elo servers automatically record information that your browser sends whenever you visit the Site. The server logs may include information such as your web request, IP address, browser type, and language, dates, times, and cookies.
We may engage third parties to track and analyze Site activity. These third parties may place cookies or web beacons to track user activity on our Site. We use the data collected by such third parties to help us administer and improve the quality of the Site, analyze usage of the Site, and provide a more enhanced user experience on the Site, such as personalizing and delivering relevant offers and content based on user activity on the Site.
Elo and its partners may provide certain features as part of the Service that rely upon device-based location information in order to pre-fill certain fields or supply localized information. To provide such features, Elo may collect, use, transmit, process, and maintain your location data, including the real-time geographic location of your device, and you hereby consent to Elo's collection, use, transmission, processing, and maintenance of such location data to provide such services. Such information may include device ID, device type, and real-time geographic location of your device at the time of your request. You hereby acknowledge that Elo may associate certain personal identifiable information with the location of your device. In addition, we may store your "last known location" on your device, and we collect, maintain, or track your location history. If your location data is transmitted to a partner in order to provide a feature or service, it is passed anonymously and not shared in such a way as to be personally identifiable. Currently, various browsers - including Internet Explorer, Firefox, and Safari - offer a "do not track" or "DNT" option that relies on a technology known as a DNT header, which sends a signal to Web sites' visited by the user about the user's browser DNT preference setting. You may enable or disable those capabilities through the browser of your choice. Elo currently adopts the browsers' DNT signals with respect to the Site.
To the extent certain third-party website features are available on our Site, the following terms apply:
Use of Emails and Your Choices
Where permitted by Privacy Laws, we may use your email address to communicate with you about:
- Your use of the Site, our products and services, and your account;
- Orders you have placed, and to send you receipts and possibly other transactional emails;
- Inquiries or requests that you have made;
- Other notices necessary and specific to you as a subscriber to one of our services and or a product offering, and
- Where permitted by Privacy Laws, we may send you emails to inform you about our products and services, news, promotional activities, and other opportunities that we believe may be of interest to you. If, at any time, you would like to stop receiving these types of promotional e-mails, you may follow the opt-out instructions contained in any such e-mail or contact us as described under "Contact Elo with any Questions" below. Please note, changes may not be effective immediately but will be made as provided under applicable law.
If at any time you wish to discontinue receiving promotional and other non-transactional emails from us, you may either follow the opt-out instructions in the message or contact us as described below under "Contact Elo with any Questions." If you have an account on the Site, you may update your Contact Information with an alternative email address at any time.
Sharing and Disclosure of Information
Unless you have provided us with your consent, Elo does not share, sell, transfer, or otherwise disseminate your personal information to third parties, unless required by law, for the purpose of carrying out your transactions with us; provided that:
We take reasonable physical, technical, and administrative measures designed to protect the security of information that you provide to us. Despite our efforts, no data security measures can guarantee the security of any information you disclose online. We do not make any warranty, express, implied or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of personally identifiable information you provide to us.
We may use third-party advertising companies to serve ads when you visit the Site. These third-party advertising companies may also separately place or recognize a cookie on your browser in the course of delivering advertisements on the Site. Using cookies or other technology, these advertising providers may use information about your computer or device, combined with personally identifiable information collected from their advertiser or customer, about your visits to the Site and other websites in order to provide targeted advertisements of interest to you. You may visit the website, linked here, of the Network Advertising Initiative, an alliance of digital advertisers, to learn more about practices with respect to personal data within this industry, and to opt-out from such practices where possible.
Elo does not knowingly permit children under the age of 18 to register on the Site or use any of its functionality for which registration is required. Elo does not knowingly collect the personal information of children under age 18. If you are under 18 years of age, you may not use the Site and you should not provide any information to Elo. If Elo determines that a minor under the age of 18 is using the Site or has provided information to Elo, then Elo will terminate the account, the minor's use of the account and delete all related information. In addition, if you are a minor under the age of 18 and wish to remove any content you have provided on the site, then please send an email to EloDPO@elotouch.com with a copy to email@example.com requesting removal of any content provided.
Disclosures to and Rights of Users in EEA
Legal Basis for Processing
If you are a user from the EEA, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the "Contact Elo" heading below.
Your Data Protection Rights
Users in the EEA have the following data protection rights, all of which you may exercise as stated below or by contacting us using the contact details provided under the "Contact Elo" heading below:
- You may access, correct, update, or request deletion of your personal information.
- You can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the "Contact Elo" heading below.
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Our primary data protection authority is the Belgian Commission for the Protection of Privacy, whose contact information is here.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
EU-US and Swiss-U.S. Privacy Shield Framework
For purposes of the "Accountability" Privacy Principle, Elo remains accountable for personal information that is transferred to it under the Framework and any subsequent transfers to a third party by Elo as described in the Privacy Shield Principles. Elo remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal information on its behalf do so in a manner inconsistent with the Principles, unless Elo proves that it is not responsible for the event giving rise to the damage.
Elo may be compelled to disclose personal information in response to lawful requests by public authorities, including for purposes of national security or law enforcement.
For purposes of the "Access" and "Choice" Privacy Principles, if you are located in the EEA and Switzerland, you have the right to object to, or restrict, our collection, use, sharing, transfer, and/or storage of your personal information. You may also request a copy of the information that we have about you. You may also ask us to correct or remove information you think is incorrect. You may do this either by directly changing your account information through logging into the Site, or by contacting us directly at EloDPO@elotouch.com, or otherwise as set forth below under "Contact Elo." Our fulfillment of any such request may be subject to the limitations, including fees for access, permitted by the Framework.
Users Outside the US, EEA and Switzerland
California Privacy Rights
California law allows residents of the State of California to request certain information Elo discloses to third parties for direct marketing purposes. If you are a resident of California and would like to request such information send a request to: EloDPO@elotouch.com with a copy to firstname.lastname@example.org or via standard mail to our address set forth below.
Changes to this Policy
Elo Touch Solutions, Inc.
670 N McCarthy Boulevard
Milpitas, California 95035
Attn: Elo Data Protection Officer
With a copy General Counsel at the same address, or by email at:
EloDPO@elotouch.com, with a copy to:
All complaints will be evaluated, and replies sent as soon as appropriate and in accordance with Privacy Laws. In some instances, Elo may have to cease services to you if necessary to satisfy your request.
Effective Date: May 25, 2018