First month free! Use code:
ECHOTRIAL30
Effective Date: November 25, 2024
Comarch, Inc. together with its affiliates — “Echo Loyalty”, “Echo System”, “Comarch”, “we”, “our” or “us” respects the privacy of our Clients, Users, and Prospects ("Clients", “you”, or “your”).
This Privacy Policy describes how we collect, store, use, and disclose the following of personal data:
Specifically, this Privacy Policy describes our practices regarding:
Please read this Privacy Policy carefully and make sure that you fully understand and agree to it. If you do not agree with our policies and practices, please do not use our Services. By accessing or using our Services, you agree to this Privacy Policy. This policy may change from time to time and if so, Comarch will notify Clients when this policy is updated (see www.echoloyalty.com). Your continued use of our Services after we make changes is deemed to be acceptance of those changes.
If you are a Client, please also review the Terms of Service, which governs your use of the Services. To the extent there is a conflict between this Privacy Policy and the Terms of Service, the provisions of the Privacy Policy will control.
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please avoid any interaction with us including visiting our Sites or using our Services. If you are a User of the Services on behalf of any of our Clients, we suggest that you contact your account administrator with any questions.
(i) Client-Owned Data: Our Services provide our Clients with a wide variety of tools and features to better manage and optimize their end-users’ experience and interaction with the Client’s online assets.
Certain privacy and data protection laws require that prior to processing personal data, a legal basis for such processing be established. Accordingly, while Echo System supports these laws by providing our Clients with features and options for how they use our Services — our Clients are solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that the appropriate legal basis for the processing of Client-Owned Data has been established prior to having such data processed through the Services.
Echo System processes Client-Owned Data, and any personal data contained therein, strictly on our Client’s behalf, in accordance with their reasonable instructions and as further stipulated in our commercial agreements with such Client.
Accordingly, to the extent applicable by law, our Client will be deemed the ‘data controller’ or ‘business’ of Client-Owned Data; and Echo System will be deemed the ‘data processor’ or ‘service provider’ when processing such data, as further described in Section 11 below.
(ii) Echo System User Data: User Data we collect and generate, includes some or all of the following types of personal data:
User account information (e-mail address, age, and hashed password);
Profile and Contact information (name, address information, company, e-mail, phone number, gender, preferred language, birth date, and User consent);
Echo System usage information (connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data [like type, OS, device id, browser version, locale and language settings used], activity logs, session recordings, and the cookies installed or utilized on their device); and transaction data, communication history, and other data processed such as number of collected points and/or points or rewards received);
Direct interactions and communications with us — including recordings and transcripts of your calls and emails with us (e.g. for user onboarding and registration, support, APIs, and training purposes);
While Echo Loyalty may process some User Data on its Clients’ behalf, as its ‘data processor’ or ‘service provider’ we also use it for our own purposes, (as described in Section 2 below) as an independent and separate ‘data controller’ or ‘business’ (as further described in Section 11 below).
(iii) Echo System Prospect Data: We collect and generate the following types of personal data concerning our Clients and Prospects:
Website usage information (connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data [like type, OS, device id, browser version, locale and language settings used], activity logs, session recordings, and the cookies and pixels installed or utilized on their device);
Information concerning our Clients and Prospects (contact and business details, our communications with such Clients and Prospects, as well as any needs, preferences, attributes, and insights relevant to our potential engagement);
Direct interactions and communications with us (including recordings and transcripts of your calls, emails, form submissions and interactions with us via our website chat feature, e.g. for Client support, feedback, training purposes, etc.).
We collect such data either automatically, through the data subject’s interaction with us or with our Sites or Services; or through third-party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
For the purposes of the California Consumer Privacy Act ("CCPA"), specifically in the last twelve (12) months, we have collected the following categories of personal information: Identifiers; Commercial Information; Customer Record Information; Internet or other electronic network activity information; Geolocation Data; Audio, Electronic, or Similar Information; and Inferences.
(i) Data Uses: Data uses are meant to facilitate, operate, and provide our Services, including authenticating our Users, User System access, to provide our Users with assistance and support, and to evaluate and develop potential new features and technologies to our Services.
(ii) Client & Prospect Data Usage Purposes: We use Client & Prospect data for the following purposes:
While privacy laws may vary between jurisdictions, Comarch, its affiliates and Service Providers are committed to protect personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
Unless Client consents in writing, or unless required by applicable law, Comarch will process Client’s and Customers’ Personal Data in a facility located in the United States of America which may be accessed also by Comarch employees in the European Union.
We retain Client-Owned Data strictly on our Client’s behalf, in accordance with their reasonable instructions and as further stipulated in our commercial agreements with such Client.
We retain User Data and Prospect Data for as long as it is reasonably necessary to maintain and expand our relationship and provide you with our Services and offerings; to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy. Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.
If you have any questions about our data retention policy, please contact us by e-mail at contact@echoloyalty.com (see Section 11 below for contact information).
In the event the Receiving Party receives a subpoena or other governmental order requiring disclosure of Confidential Information, or disclosure is required by applicable laws or Regulations, the Receiving Party shall notify the Disclosing Party and cooperate with Disclosing Party to obtain a protective order or other remedy from disclosure. If disclosure is nevertheless required, the Receiving Party may disclose the Confidential Information to the extent required.
Both Parties agree to notify the other Party in writing immediately after any breach of this confidentiality section.
Upon expiration or termination of this Contract for any reason, each Receiving Party shall return or destroy any Confidential Information received from the Disclosing Party. Notwithstanding the foregoing, the Receiving Party shall be entitled to retain any Confidential Information to the extent required by applicable laws or Regulations, or the Receiving Party’s document retention policy, provided the terms of this Section 14 shall continue to apply.
The confidentiality obligations of the Parties mutually undertaken shall survive termination and/or expiration for a period of 5 years from the date of termination or/and expiration.
In the event the Receiving Party receives a subpoena or other governmental order requiring disclosure of Confidential Information, or disclosure is required by applicable laws or Regulations, the Receiving Party shall notify the Disclosing Party and cooperate with Disclosing Party to obtain a protective order or other remedy from disclosure. If disclosure is nevertheless required, the Receiving Party may disclose the Confidential Information to the extent required.
Service Providers: We may engage selected third-party companies and individuals to perform services. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web and mobile analytics, data enrichment, e-mail and/or SMS distribution and monitoring services, call, session or activity recording and analysis services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers”).
These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them.
Partnerships: We engage selected business and channel partners, resellers, distributors and providers (collectively, “Partners”) of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our prospective and existing Clients and Users. In such instances, we may disclose relevant contact, business and usage details with the respective Partner, to allow them to engage with those Clients and Users for such purposes. If you directly engage with any of our Partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Echo System is beyond the scope of Echo System’s Terms and Privacy Policy, and may therefore be governed by the partner’s terms and privacy policy.
Clients and other Users: Client-Owned Data is typically disclosed and is available to the Users belonging to such Client’s account. Echo System User Data is disclosed to the administrator of the Client’s account to which such User belongs (including data and communications concerning such user’s account). In such cases, disclosure of such data means that the administrator(s) or other users of the same account may access it on behalf of the Client, and will be able to monitor, process and analyze the personal data contained therein. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same Client).
Please note that Echo Loyalty is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the Client, that itself acts as the ‘data controller’ of such data (as further described in Section 11 below).
Echo Loyalty Subsidiaries and Affiliated Companies: We may disclose personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Echo System or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be disclosed or transferred to the parties involved in such an event. If we believe that such a change in control might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via e-mail or a prominent notice on our Services.
We and our Service Providers may use cookies, pixels, tags and other technologies in order for us to provide and monitor our Services and Sites, to ensure that they perform properly, to analyze our performance and marketing activities, and to personalize your experience. Such cookies and similar files or tags may also be temporarily placed on your device. Certain cookies and other technologies serve to recall personal data, such as an IP address, as indicated by you. You may also use the “Cookie Settings” feature available in our footer depending on your location and activity on our Services, as applicable.
Our website is not configured to recognize "Do Not Track" signals.
We engage in service and promotional communications, through e-mail, e-mail notifications, and push notifications.
Service Communications: We may contact you with information regarding our Services. For example, we may send you an email (through any means available to us) of changes or updates to our Services or legal terms, billing issues, log-in attempts or password reset notices, etc. Our Clients, and other Users on the same Client account, may also send notifications regarding their or your use of the Services.
Promotional Communication: We may also notify you about new features, additional offerings, events, special opportunities or any other information of a promotional nature we think you will find valuable, as our Client, User or Prospect. We may provide such notices through any of the contact means available to us (e.g. e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive promotional communications, you may notify us at any time by sending us an email (see Section 12 below for contact information).
To protect your personal data held with us, we use industry-standard physical, administrative and technical security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties as described in Section 5 above. In addition, the following applies:
Comarch shall implement and maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect Data,
Client shall maintain its own security and confidentiality measures that protect against risk and threats of unauthorized access to System Access and Data.
Comarch reserves the right to perform security and vulnerability tests of the Echo System or Echo System Access to, among others, ensure security and integrity of the Echo System or Echo System Access. In the event of detection of serious security issues that may threaten the Echo System or Echo System Access, the Client will be informed in e-mail and proper commercially reasonable remedial steps shall be taken by the Client to address vulnerability and identified risks without undue delay. Failure to take commercially reasonable corrective actions or implementing them improperly may result in suspension of the Echo System.
Individuals may have rights concerning their personal data under applicable law, including the EU or UK General Data Protection Regulation (GDPR) or the CCPA and other US state privacy laws (as applicable).
Such rights may include, to the extent applicable:
to know/request access to personal data (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third-parties to whom we have disclosed personal data),
to request rectification or erasure of personal data held with Echo Loyalty,
to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future),
to port such personal data, and/or
to equal services and prices (each to the extent available to you under the laws which apply to you).
To exercise any of these rights you may have, please contact us, or have your authorized agent contact us (see Section 11 below for contact information). You may also have the right to lodge a complaint with your local data protection authority.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide certain credentials to make sure that you are who you claim you are (to avoid disclosure to you of personal data related to others) and to provide further information to better understand the nature and scope of data for which you request access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request, or proof of request fulfillment).
We may redact from the data that we will make available to you, any personal data or confidential information related to others.
If your request relates to personal data that we process on our Client’s behalf, you should contact such Client directly, as they are the “data controller” of such data (see Section 11 below). Note that such Client exclusively determines how such data may be processed, as well as if, and how, your request should be handled — so we advise that you submit your request directly to them. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data, and if such data is processed on behalf of any of our Clients — to which Client it particularly relates, so that we may forward it to them for their further handling.
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR or the CCPA/CPRA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA/CPRA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA/CPRA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent such laws and regulations apply.
Echo Loyalty is the “data controller” of Echo Loyalty Prospect Data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law) as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.
Echo System is the “data processor” of Client-Owned Data, which we process on behalf of our Client (who is the “data controller” of such data); and our Service Providers, who process such Client-Owned Data on our behalf, are the “sub-processors” of such data.
Echo System is both a “data controller” and “data processor” of Echo System User Data. Such data is processed by Echo System for its own purposes (as described in Section 2 above) as an independent ‘controller’; while certain portions of it which are included in Client-Owned Data are processed by us on our Client’s behalf, as a ‘processor’.
Accordingly, Echo System processes Client-Owned Data strictly in accordance with such Client’s reasonable instructions and as further stipulated in our commercial agreements with such Client. The Client, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each Client is solely responsible for establishing a legal basis for proceeding and providing adequate notice to their account users and clients whose data may be contained in Client-Owned Data (including sufficient reference to the processing of their personal data via the Services), and any other information necessary to comply with all applicable privacy and data protection laws; as well as for obtaining all approvals and consents from such individuals as required under such laws.
Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice through email if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.
Requirements under US State Privacy Laws: This policy describes the categories of personal data we may collect and the sources of such information (in Section 1 above), and our retention (Section 4) and deletion (Section 9) practices. We also included information about how we may process your information (in Sections 2 through 7), which includes for “business purposes” under the CCPA and similar state laws, as applicable. Our disclosure of certain internet activity and device information with third parties through cookies, pixels and other tracking technologies may be considered a “sale” or “sharing” of personal data, or processing for purposes of “targeted advertising” as such terms are defined under relevant US State Privacy laws. We may disclose personal data to third parties or allow them to collect personal data from our Services as described in Section 5 above, if those third parties are our customers (in respect of Client-Owned Data processed on their behalf), or our authorized Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you integrate the services of third parties with our Services, or direct us to disclose your personal data to third parties, or as otherwise described in [Section 5] above. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us. Note that we will not discriminate against you by withholding our Services from you or providing a lower quality of service to you for requesting to exercise your rights under the law.
If you have any questions or would like to exercise your rights under the CCPA/CPRA, you can contact us using the contact information provided below in this Section.
External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.
Nothing in this policy contradicts the following statement: With respect to Echo System’s products, Echo System does not collect, retain or disclose any data regarding a particular user or device (including IP addresses and user identifiers) on sites or apps not owned by Echo System.
Our Services are not designed to attract children under the age of 16: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail using the contact information provided below in this Section.
Questions, concerns or complaints: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact us at: privacy@echoloyalty.com.