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Privacy Policy

This Privacy Policy (“Policy”) describes Empath Cyber, Inc’s policies and procedures on the collection, use, and disclosure of Your information when You visit or access our Website and Application (collectively “Service”). 

 

Please read this Policy carefully and fully before using the Service or submitting personal data to us. This Policy is incorporated into and subject to the Terms of Service. By accessing or using the Service, you consent to the collection, use, and sharing of your information as set forth in this Policy. 

 

Interpretation and Definitions 

Definitions 

 

For the purposes of this Privacy Policy: 

 

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User, as you are the individual using the Service. 
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Empath, “1002 Hastings Ct. Lutz, FL 33548”. For the purpose of the GDPR, the Company is the Data Processor. 
  • Application means the software program (named Empath) provided by the Company accessed by You on any electronic device. 
  • Website refers to the Empath website, accessible from https://empathmsp.com 
  • Service refers to the Application or the Website or both. 
  • Personal Data is any information that relates to an identified or identifiable individual. 

Types of Data Collected 

Personal Data 

 

While using Our Service, We may ask You to provide Us with certain information that can be used to contact or identify You. Personal data may include, but is not limited to: 

 

  • Email address 
  • First name and last name 
  • Phone number 
  • Address, State, Province, ZIP/Postal code, City 

Usage Data 

 

Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. 

 

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. 

 

To monitor use of the Website and improve its quality, we may compile statistical information concerning the use of the Website through analytics services. Examples of this information may include: the number of visitors to sections or pages, patterns of traffic, length of time spent on the Website or in sections, sites that refer visitors to the Website, utilization of the browser and operating systems and versions used by visitors to the Website. While all of this information can be associated with the IP address your computer had while you visited the Website, it will not be associated with you as an individual or associated with any other information you may submit through the Website, or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Website. Please check your web browser if you want to learn what information your browser sends or how to change your settings. 

 

Tracking Technologies and Cookies 

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. 

 

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. 

 

We use both session and persistent Cookies for the purposes set out below: 

 

  • Necessary / Essential Cookies: 
  • Session Cookies Administered by: Us 
  • Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. 
  • Cookies Policy / Notice Acceptance Cookies: 
  • Persistent Cookies Administered by: Us 
  • Purpose: These Cookies identify if users have accepted the use of cookies on the Website. 
  • Functionality Cookies: 
  • Persistent Cookies Administered by: Us 
  • Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. 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 use the Website. 

You may control cookies including preventing or stopping the installation and storage of cookies through your browser settings and other tools. Most browsers will allow you to block or refuse cookies. However, you may need to manually adjust your preferences each time you visit a site. For more information, see the Help section of your browser. Please note that if you block certain cookies, some of the services and functionalities of our Service may not work. 

 

IMPORTANT: By using the Service, you consent to the processing of any personal data for the analytics purposes and functions described above. 

 

Embedded Content and Social Media Widgets 

The Site contains embedded content (e.g., videos) and Social Media Widgets (e.g., LinkedIn). Embedded content may place third party cookies on your device that track your online activity to enhance your experience or assess the success of their application. Social Media Widgets allow us to integrate social media functions into the Website. These widgets may place third party cookies on your device for tracking and advertising purposes. We have no direct control over the information these cookies collect, and you should refer to their website privacy policy for additional information. 

 

Do Not Track 

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Website is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests. We do not track Website users over time and across third party websites. 

 

Use of Your Personal Data 

The Company may use Personal Data for the following purposes: 

 

  • To provide and maintain our Service, including to monitor the usage of our Service, review and improve overall customer experience including to provide customization to meet the specific needs, ensure a consistent experience, and to assess trends, interests, and the demands of customers. 
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. 
  • For other everyday business purposes such as product development, contract management, IT and website administration and security, fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance. 
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the services You have purchased or of any other contract with Us through the Service. 
  • To carry out our obligations and enforce our rights including those arising from any contracts entered into between you and us, including for billing, payment, and collections. 
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. 
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. 
  • To manage Your requests: To attend and manage Your requests to Us. 

We may use and share your personal information in the following situations: 

 

  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company. 
  • To respond to law enforcement requests and as required by applicable law, court order, governmental regulations, or other lawful processes; for public safety purposes. 
  • To process applications for employment, as well as to evaluate and improve our recruiting efforts. 
  • As necessary or appropriate to protect the rights, property, security, and safety of us, our employees, our consumers, our information systems, and the public. 
  • With Affiliates: We may share Your information with Our affiliates only when you have opted in to such sharing.  In those cases any data shared with those affiliates will be bound to and handled under that affiliate’s Privacy Policy.  

Retention of Your Personal Data 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. 

 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. 

 

Transfer of Your Personal Data 

Your information, including Personal Data, is processed at the Company’s data center, Amazon Web Services US-EAST-1. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your submission of such information represents Your agreement to that transfer. The Company will take steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. 

 

Disclosure of Your Personal Data 

In general, we will not disclose your personal data except with your consent and as described in this Policy. We may disclose your data for the same reasons that we may use it as described in this Policy, which includes disclosing it to our affiliates and non-affiliated third parties, as we deem necessary to carry out those purposes. 

 

Third Party Vendors 

We may need to use or disclose this data to a member of our group partners or third-party vendors to help operate the Service; manage, improve and optimize our Service; communicate with you; or engage in marketing activities. 

 

Business Transactions 

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. 

 

Law enforcement 

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). 

 

Other legal requirements 

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: 

 

  • Comply with a legal obligation 
  • Protect and defend the rights or property of the Company 
  • Prevent or investigate possible wrongdoing in connection with the Service 
  • Protect the personal safety of Users of the Service or the public 
  • Protect against legal liability 

We do not share your Personal Data with any third-parties for their advertising or direct marketing. 

 

Your Choices Regarding Your Personal Data 

You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content available on or through the Service. 

 

Security of Your Personal Data 

We have implemented reasonable and appropriate measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using the latest version of TLS. 

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

 

Information on Children 

The Website is not directed to children as the products and services on this Website are intended for persons 13 years of age and older. We do not knowingly collect, use or disclose any Personal Data from children. If we learn that Personal Data of persons less than 13 years-of-age has been collected through our Website, we will take the appropriate steps to delete this information. 

 

Email Marketing 

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. We may use Email Marketing Service Providers to manage and send emails to You. 

 

SMS Marketing

We may use Your Personal Data, such as your phone number, to send You newsletters, marketing or promotional messages, and other information that may be of interest to You via SMS. You may opt-out of receiving any or all of these communications from Us by replying with the provided opt-out keyword (e.g., "STOP") or by contacting Us directly. We may use SMS Marketing Service Providers to manage and send SMS messages to You.

 

Payments 

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g., payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. 

 

GDPR Privacy 

Legal Basis for Processing Personal Data under GDPR 

 

We may process Personal Data under the following conditions: 

 

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes. 
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. 
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. 
  • Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. 
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. 
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. 

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. 

 

Your Rights under the GDPR 

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. 

 

You have the right under this Privacy Policy, and by law if You are within the EU, to: 

 

  • Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. 
  • Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected. 
  • Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your - Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. 
  • Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. 
  • Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. 
  • Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service. 

Exercising of Your GDPR Data Protection Rights 

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. 

 

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. 

 

Do Not Track 

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. Our Website does not respond to Do Not Track signals. Our Website Site does not track users outside of our Website. 

 

However, some third party websites do keep track of You browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser. 

 

Links to Other Websites 

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. 

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. 

 

Changes to this Privacy Policy 

We may update our Privacy Policy from time to time. We will notify You of any material changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Site, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. 

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. 

 

California Residents 

“Shine the Light Law”. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy. 

 

“Eraser Law”. If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. 

 

Contact Us 

If you have any questions about this Privacy Policy, You can contact us: By email: support@empathmsp.com