Equus Software Privacy Policy

Equus Software LLC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Equus Software LLC has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Equus Software LLC has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

The following describes how Equus Software, LLC (together with its affiliates, “Equus”) collects, uses or discloses personal information we receive through our website (https://www.equusoft.com/) and any related online and offline services we provide (collectively, the “Services”). This policy also describes your choices about the collection and use of your information.

Please read the Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms of Use (“Terms”), which include this Privacy Policy by reference. If you do not agree to the Terms, or if you violate them in any way, your right to access or use the Services is terminated. Please see Sections 11-13 of our Terms regarding your legal rights in any dispute involving our Services.

IF YOU HAVE A BUSINESS RELATIONSHIP WITH US (E.G., CUSTOMERS), YOUR EXECUTED CONTRACT WITH US WILL SUPERSEDE THE TERMS AND THIS PRIVACY POLICY WITH RESPECT TO THE SERVICES WE PROVIDE, AND THE PERSONAL INFORMATION WE PROCESS, UNDER THAT CONTRACT.

 

1. COLLECTION OF PERSONAL INFORMATION

Equus may collect certain information from you directly, such as when you send a direct mail inquiry or online registration, participate in seminars or webinars or contact us through the website. Information that we may collect typically includes:

  • Business contact information, such as name, telephone number, email address, company name, job title, and address;
  • Subscription preferences, which may include signing up to communications from us;
  • Survey information if you choose to answer questions we may send you about our product offerings, including for feedback and research purposes;
  • Communications between you and us, such as via e-mail, mail, phone or other channels;
  • Offline activity you directly engage in with us, if any (e.g., industry conference); and
  • “Online User Activity” as described in the next section.

If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy.

 

2.  ONLINE USER ACTIVITY AND COOKIES

Equus and its service providers and advertising partners may collect certain information about your device and use of our Services by automated means, including but not limited to cookies, pixels and other similar technologies (“Online User Activity”). For example, a cookie is a file that may be placed on your device when using our Services to uniquely identify you or store information on your device for later retrieval. Cookies are very commonly used by websites and most browsers are configured by default to accept cookies.

Cookies and these other technologies can help us automatically identify you when you return to our Services. Cookies help us review website traffic patterns and improve the website, and determine what Services are popular. We can also use such information to deliver customized content and advertising to users of the Services whose behavior indicates that they are interested in a particular subject area.

When you use the Services, the information we may collect by automated means includes, for example:

  • Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses);
  • Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device's telephone number); and
  • Location information where you choose to provide the website with access to information about your device’s location.

We may also ask advertisers or other partners to serve ads or services to you, which may use cookies or similar technologies placed by us or the third party. If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features our Services provide. We may share non-personal information obtained via cookies with our advertisers and affiliates.

You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies. In addition, we endeavor to process “Global Privacy Control” (GPC) signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.

3. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

Certain jurisdictions (like the EU/EEA) may require us to have one or more lawful basis for processing personal information. For such purposes, our legal basis for processing personal information as described herein 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: (1) We have your consent to do so, such as by agreeing to our Terms and this Privacy Policy; (2) We are processing the personal information in connection with a contract with you; (3) The processing is in our legitimate interests (such as the administration and management of our business and the improvement of our services), and doing so will not interfere with your data protection interests or fundamental rights and freedoms; and/or (4) where we have a legal obligation to process personal information about you, or need to do so to exercise, establish, or defend legal claims.

4. USE OF PERSONAL INFORMATION

Equus may use information we obtain about you for lawful purposes including, without limitation, to:

  • Provide our Services to you, including in response to a request for a demonstration, send you requested information or materials, or otherwise respond to your questions and comments;
  • Communicate with you about our products, services, offers, and promotions;
  • Operate, evaluate, and improve our business and the products and services we offer;
  • Monitor the performance of our Services, such as to analyze trends and statistics regarding the use of the website;
  • Tailor the content we display to you in our Services and communications, including advertising, and offer products and services that we believe may be of interest to you;
  • Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
  • Inform you about important changes to this Privacy Policy, our Terms or other policies; and
  • Comply with applicable legal requirements, industry standards, our policies and our contractual rights.

We may combine the information we collect with publicly available information and information we receive from our affiliates, business partners, and other third parties. We may use that combined information to enhance and personalize your experience with us, communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and other purposes described in this Privacy Policy. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We may also use or share information in an anonymized or aggregate manner for many purposes such as research, analysis, modeling, marketing, and improvement of our Services. Our use of de-identified information is not subject to this Privacy Policy.

5. ONLINE ADVERTISING

You may see us advertising on various websites, web pages, social media and other platforms. Please note that online advertising services do not always provide us with complete information about the platforms or website on which our advertising may appear. If you believe that our advertising is being displayed through websites or channels that promote inappropriate or offensive content, please contact us.

We may serve advertisements, and allow third parties to serve advertisements, through our Services. Advertisements served through our Services may be targeted to users who fit a certain general profile category, which may be inferred from information that you provide to us or, based on your usage patterns, or based on your activity on other websites or online services as may be available to the ad networks.

6. DISCLOSURE OF PERSONAL INFORMATION

We will not disclose your personal information to third parties without your consent, except in the following circumstances:

  • We may share your information as permitted by law, including, for example, with service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include IT services, maintenance and hosting of our Services, payment processors, shipping and returns partners, marketing partners, and other service providers). We only provide such vendors with information so they can perform their required functions on our behalf.
  • If you voluntarily share or submit any User Content (e.g., product recommendation) for public posting through our Services, or link it to any social media platforms, that post and any content or information associated with it may become available to the public. See our Terms for more information about how we may use User Content.
  • We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) when we believe disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users or the public.
  • We may also be required to disclose and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. To the extent permitted, Equus will inform its relevant customer or prospective customer before making such disclosure and provide it with a reasonable opportunity to object to such disclosure.
  • We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

Equus requires third parties acting on behalf of Equus (e.g., services providers) who receive personal or sensitive information to provide Equus with adequate assurances and contractual commitments that they will safeguard such information consistent with both this Privacy Policy and applicable laws. Equus may remain responsible for such personal information under certain applicable laws.

7. DATA SECURITY

Equus implements commercially-reasonable safeguards designed to secure personal information, including restricting access to such information only to individuals who have a legitimate need to know in order to discharge their job responsibilities on behalf of Equus, securing access to the facility where the information is stored, and the use of technology and physical controls to secure the information. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

Any information you provide through use of the Services may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Privacy Policy regardless of where your personal information is stored or accessed.

8. DATA RETENTION

We will retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will endeavor to either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

9. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

  • We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
    • Marketing emails: From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. You may choose not to receive marketing emails from us by clicking on the “unsubscribe” link in the marketing emails you receive from us. Even if you opt out of receiving such communications, we will continue sending you non-marketing email communications, such as administrative notices.
    • Cookies: Web browsers may offer users the ability to disable certain types of cookies; however, if cookies are disabled, some features or functionality of our Services may not function correctly.

10. RECOURSE, ENFORCEMENT AND LIABILITY – DATA PRIVACY FRAMEWORK

In compliance with the EU-U.S. DPF Principles, including the UK Extension of the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles, Equus commits to resolve complaints about your privacy and Equus collection or use of Personal Data transferred to the United States pursuant to this Policy.

European Union, Swiss, and United Kingdom individuals with Data Privacy Framework inquiries or complaints should first contact Equus by emailing hello@equusoft.com.

In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, Equus further commits to cooperate and comply, respectively, with the advice of the panel established by the EU data protection authorities (DPAs), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF, and the Swiss-U.S. DPF.

If your Data Privacy Framework complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not otherwise resolved by other redress mechanisms. For more information about binding arbitration, visit https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2 [dataprivacyframework.gov].

The Federal Trade Commission (FTC) has jurisdiction over Equus´s compliance with the Data Privacy Framework.

11. STATE-SPECIFIC NOTICES

(A) Residents of California or Virginia (and residents of Colorado or Connecticut after July 1, 2023)

In addition to the disclosures provided in this Policy, if you are a California or Virginia resident (or a Colorado or Connecticut resident after July 1, 2023) you can exercise certain additional rights regarding your personal information:

  • You may request a copy of the following: (1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the personal information; (4) the categories of third parties with whom we shared personal information, and the categories of personal information shared; and (5) the specific pieces of your personal information that we have collected, used, disclosed, or sold.
  • You may request that we (and our service providers) correct your personal information if it is inaccurate or delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for certain other internal business purposes described in this policy.

If you have a customer account with us, you may access and change certain personal information (such as profile and transaction information) directly through your account after logging in to our Services. Otherwise, to request a copy of personal information we have collected about you, to request a correction of your information, or to request that the your information be deleted, please contact us as provided as directed below. You may authorize another person (your “agent”) to submit a request on your behalf the same way. Shortly after you (or your agent) submit a request, we will check our records for matching information and contact you (via email at the email address provided during submission of your request) with instructions on how to verify the request before we fulfill it. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws. Note that you can access and update account information, or opt out of email marketing, as provided above.

You also have the right at any time to opt out of (i) selling or sharing of your personal information to third parties, and (ii) targeted advertising through third parties. We do not transfer your personal information to third parties in exchange for money but information may be shared with certain third party advertising partners for our targeted advertising purposes, specifically, limited identifying information may be shared with such partners through targeting cookies or other means.

  • You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies. As noted above, we also endeavor to process GPC signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.
  • Other than with respect to such targeting cookies, you can contact us as directed below to exercise your opt-out rights.

Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to users, and we do not collect, use or disclose sensitive personal information (such as government identification number, precise geolocation, financial account credentials, etc.) except for the specific purpose(s) that you provide it.

We may not, and will not, discriminate against any individual for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your personal information with our affiliates and service providers, and as otherwise directed by you, for the purposes described in this policy.

If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific personal information that concern you. We will endeavor to provide a prompt response. If we deny your appeal, you can raise concerns with your state’s Office of the Attorney General.

(B) Residents of California Only

This Section is provided specifically for California residents.

  • We do not generally provide a loyalty program or other financial incentive in return for the collection or use of personal information. On some occasions we may engage in a limited-time marketing event, promotional offer or discount on fees that includes a registration or other collection of personal information, and we will disclose the benefits and terms of that promotion at the time of collection.
  • Privacy rights requests for non-customers:
    • California privacy rights apply to all individuals (not just website visitors or registered users), including job applicants, current and former employees, contractors and business partners. Job applicants may provide contact information and resume-related information (e.g., past education and experience) as well as complete relevant background checks. Employees receive internal privacy disclosure relevant to them. Contractors and business partners provide business contact information and payment-related information as necessary to facilitate a prospective or actual business relation. Due to the nature of these relationships, the precise collection and use of personal information can vary.
    • All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests described above, by contacting us as directed below. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request.
  • Do Not Track (DNT) is a privacy preference you can set in most browsers but there is no standard interpretation or practice for responding to DNT signals (see https://allaboutdnt.com/ for more information), and we therefore handle all user information consistent with this policy. We do endeavor to support browser GPC signals as discussed above.
  • We do not share personal information such as your contact information with third parties for their own direct marketing purposes.
  • As stated below, our Services are intended for a general audience and not directed toward children or those who cannot enter into binding Terms with us. In the event a California resident under the age of 18 has posted information to a public-facing forum we offer, the individual may contact us as directed below to request that we remove or anonymize such content to the extent required by California law.

(C) Nevada residents

Please note that we do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), but you can submit a request to us as directed below regarding the sale of such information.

12. EU/EEA, SWITZERLAND AND UK RESIDENTS

Our Services provided in the United States are not generally intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States, as provided in our Terms.

With respect to Services that are subject to the laws of the European Union or European Economic Area (together with the United Kingdom and Switzerland for purposes herein, “Europe”), or another applicable jurisdiction, we provide as follows:

  • For the purposes of the General Data Protection Regulation (“GDPR”) and similar privacy laws, (i) we are a data processor when providing our global mobility management solutions to a customer who is operating as the data controller (such as when we operate as a processor under a data processing agreement), but (ii) we are a data controller when we provide Services directly to a user, such as visitors to our website. These roles have different responsibilities under applicable data protection laws.
  • As noted in the preamble above, this Privacy Policy does not apply to personal information we process under a customer contract. In that case we are operating as a data processor, we process personal information under the terms of a contract between us and the data controller. This is to ensure that any personal information is processed lawfully and securely. This defines the purpose, duration and nature of processing, the type of data, categories of recipient and the plan for returning and/or destroying personal information at the end of the contract. When we are a data processor, we cannot operate outside of that contractual relationship with respect to the personal information within its scope, and must follow the instruction of the data controller.
  • When operating as a data controller, our legitimate interests in processing your personal information are to provide the Services and as further described in the sections above. Under privacy laws like the GDPR, you may have the right to make certain requests concerning your personal information, such as knowing what personal information we hold about you and obtaining a copy of it, the right to correct your personal information, the right to have us delete or restrict our use of your personal information, or withdraw any consent you previously provided. Note that these rights may be subject to certain scope and limits under applicable law. If you have any concerns with how information is being used under data protection law as described in this section, or would like to submit any such requests, you can contact us as directed below. If you believe that we have violated any rights, we encourage you to contact us first so that we can try to resolve the issue. However, you may have the right to lodge a complaint with an applicable data protection authority.

Equus will investigate any complaints about its use or disclosure of personal information. If Equus is unable to informally resolve any such matter to the individual’s reasonable satisfaction, it will cooperate where legally required with applicable supervisory authorities (“SAs”) and comply with the information and advice provided to it by an informal panel of SAs in relation to such unresolved complaints. Please contact us to be directed to the relevant SA contacts. You may have the right to complain to an SA about our collection and use of your personal information.

13. CHILDREN'S INFORMATION

Equus’ services are not directed to, and Equus does not knowingly solicit personal information from, minors under 16. If you believe we might have any information from or about a child under the age of 16, please contact us.

14. LINKS TO OTHER WEBSITES AND THIRD PARTY CONTENT

Our Services may contain links to other websites, apps or online services, including social media. Please be aware that we are not responsible for the content or privacy practices of such other websites, apps or online services, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website, app or online service that collects personal information.

15. CHANGES

Equus may amend or modify this policy from time to time by posting the amended or modified version. If we make a change to our Privacy Policy that materially changes our use, collection, or disclosure of your personal information, we will provide notice to you (by email and/or posting on our website) that our privacy practices have changed and will provide a link to the new policy. If we make a material change to how we use your personal information, we will give you an opportunity to opt-out of such new or different use.

16. CONTACT INFORMATION

Any questions or comments about this Privacy Policy or our privacy practices, requests to exercise privacy rights, or concerns or complaints about possible violations, including Data Privacy Framework-related complaints, should be directed to us by mail to Equus Software, 1809 Blake Street, Suite 200, Denver, CO 80202; or by phone to (800) 653-0536; or by email to hello@equusoft.com.

Any questions, comments, or concerns specifically regarding Equus’ privacy practices in regard to GDPR or other European privacy laws can be submitted through the contact information above or by reaching out directly to our London office at: Equus Software, Attn: Tyler Reynolds, 1 Norton Folgate, 3rd Floor, London E1 6DB, United Kingdom.

This Privacy Policy was last updated on January 4, 2024

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