Privacy policy

This “Privacy Policy” describes the privacy practices of Eureka Software Solutions, Inc. and our subsidiaries and affiliates (collectively, “Eureka”, “we”, “us”, or “our”)in connection with the https://eurekasoft.com website, and any other website that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), in connection with our marketing activities, and as otherwise described in this Privacy Policy. In addition, this Privacy Policy describes your rights and choices with respect to the Personal Information we collect.

We collect personal information as described below. Note, however, that our business customers may transmit personal information to us as part of the services we provide through our voice and messaging platforms, as well as other Services. This Privacy Policy does not apply to such personal information that we process on behalf of our business customers. Our use of this personal information is restricted by our agreements with those business customers. If you have concerns regarding personal information that we process on behalf of a business, please review their privacy policy and direct your concerns to that business, or review their privacy policy.

Table of Contents

Personal Information We Collect
How We Use Your Personal Information
How We Share Your Personal Information
Your Choices
Other Sites and Services
Security Practices
International Data Transfers
Children
Changes to this Privacy Policy
How to Contact Us

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Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

Business and personal contact information, such as your first and last name, email and mailing addresses, phone number, professional title and company name.
Profile information, such as your username and password that you may set to establish an online account with us.
Registration information, such as information that may be related to a service or an event you register for.
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
Precise geolocation information, such as when you authorize us to access your location.
Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.
Usage information, such as any content you upload to the Service or otherwise submit to us, including information you provide when you use any interactive features of the Service.
Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from social media platforms. We may maintain pages for our Company on social media platforms, such as, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

Information we obtain from other third parties. We may receive personal information about you from third-party sources, such as marketing partners, publicly-available sources and data providers. Our use of any information obtained from our business customers is restricted by our agreements with those business partners.

A list of our sub-processors and nature of processing can be requested by contacting privacy@eurekasoft.com.

Marketing and advertising. We do not sell your personal information or the personal information of your users. We and our service providers and our third-party advertising partners, may collect and use your personal information for marketing and advertising purposes:

Direct marketing. We may send you Eureka-related direct marketing communications as permitted by law, including by email and mail. You may opt-out of our marketing communications as described in the Opt-out of marketing communications section below.
Interest-based advertising. We may engage third-party advertising companies and social media companies to display ads on our Service and other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the “Cookies and Other Information Collected by Automated Means” section below) over time across the Service, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Advertising choices section below.

Cookies and Other Information Collected by Automated Means

We, our service providers, and our business partners may automatically log information about you, your computer, and activity occurring on or through the Service. The information that may be collected automatically includes your computer type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites.

On our webpages, this information is collectedusing cookies, browser web storage (also known as locally stored objects, or“LSOs”), web beacons, and similar technologies, and our emails may also containweb beacons.

Referrals

Users of the Service may have the opportunityto refer friends or other contacts to us. If you are an existing user, you mayonly submit a referral if you have permission to provide the referral’s contactinformation to us so that we may contact them.

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How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service. We use your personal information to:

provide, operate and improve the Service;
provide information about our products andservices;
establish and maintain your user profile on theService;
communicate with you about the Service,including by sending you announcements, updates, security alerts, and supportand administrative messages;
communicate with you about events or contestsin which you participate;
understand your needs and interests, and personalize your experience with the Service and our communications;
provide support and maintenance for the Service; and
respond to your requests, questions and feedback.

For research and development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.

To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c)protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

RelatedCompanies. We may share your personal information with our affiliates, subsidiaries, and other related companies. Related companies will only use the information as described in this Privacy Policy.

Service providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, call or message routing, email delivery, marketing, and database management services).These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

Partners. We may sometimes share your personal information with partners or enable partners to collect information directly via our Service.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

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Your Choices

In this section, we describe the rights and choices available to all users.

Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Text message communications. We use text messaging to communicate with you about your service. Normal messaging rates apply and the frequency of messages may vary. Mobile Carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Opt-out of text message communications. You may opt-out of text messaging at any time by replying to any message with STOP contacting us at privacy@email.com. This will end the communications from that particular phone number. You may continue to receive service-related and other non-marketing text messages from other phone numbers managed by Eureka, and you may opt out of those in a similar fashion.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@eurekasoft.com. You may continue to receive service-related and other non-marketing emails.

Cookies. Most browser settings let you delete and reject cookies placed by websites. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, you may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit https://www.allaboutcookies.org. We use Google Analytics to help us understand user activity on the Service. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage and about how Google protects your data at https://policies.google.com/privacy. You can prevent the use of Google Analytics relating to your use of the Service by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout.

Advertising choices. You can limit use of your information for interest-based advertising by:

Browser settings. Blocking third-party cookies in your browser settings.
Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
Platform settings. Google offers opt-out features that let you opt-out of use of your information for interest-based advertising:
Google: https://adssettings.google.com
Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
Network Advertising Initiative: https://optout.networkadvertising.org‍
Digital Advertising Alliance: https://optout.aboutads.info‍
AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.

You will need to apply these opt-out settings on each device from which you wish to opt-out.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit https://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

How can you delete the data we collect from you? Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to delete your personal information, please contact us at privacy@eurekasoft.com. We will respond to your request within 30 days.

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Other Sites and Services

The Service may contain links to other websites, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third-party websites, or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

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Security Practices

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Email, in particular, is an insecure way to transmit personal information. Please take special care regarding what information you send to us via email or text message.

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Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If apparent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

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General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a new European privacy regulation which replaces the EU Data Protection Directive called Directive 95/46/EC. The GDPR aims to strengthen the security and protection of personal data in the EU and harmonize EU data protection law. Eureka is committed to always operating in the best interests of our customers and this includes compliance with GDPR.

GDPR Key Principles. Several major principles underpin many of the requirements found in the GDPR in regards to controlling and processing personal data:

Fairness and Transparency. Organizations must always process personal data lawfully, fairly, and in a transparent manner.
Purpose Limitation. Organizations can collect personal data only for specified, explicit, and legitimate purposes. They cannot further process personal data in a manner that’s incompatible with those purposes.
Data Minimization. Organizations can collect only personal data that is adequate, relevant, and limited to what is necessary for the intended purpose.
Accuracy. Personal data must be accurate and, where necessary, kept up to date.
Data Deletion. Personal data must be kept only for as long as it is needed to fulfill the original purpose of collection.
Security. Organizations must use appropriate technical and organizational security measures to protect personal data against unauthorized processing and accidental disclosure, access, loss, destruction, or alteration.
Accountability. A data controller is responsible for implementing measures to ensure that the personal data it controls is handled in compliance with the principles of the GDPR.

Data Controller vs. Data Processor. In order to fully understand who is responsible for which personal data, youneed to understand the difference between the data processor and the datacontroller.

Data Processor. Data processors process personal data on behalf of a data controller.
Data Controller. Data controllers decide the “purposes” and “means” of any processing of personal data.
Eureka as a Data Controller. Additionally, Eureka acts as the data controller for the personal data we collect about you, the user of Eureka Services, including the Website. We process your personal data necessary for us to perform our contract with you (GDPR Article 6(1)(b)). We process your personal data to meet our obligations under the law (GDPR Article 6(1)(c)). This may involve financial data and information that we need to meet our accountability obligations under the GDPR. We process your personal data for our legitimate interests in line with GDPR Article 6(1)(f).

Individual Rights. The GDPR grants you a number of rights regarding how Eureka handles yourpersonal data:

Data Access. You have the right to confirm with Eureka whether Eureka is processing your personal data.
Right to Object. You can, in certain cases, object at any time to the processing of your personal data, in particular if the processing is for direct marketing purposes.
Data Recertification. You can send us a request to correct or complete personal data if the data is inaccurate or incomplete.
Restriction of Processing. You can request Eureka to stop access to and modification of your personal data.
Right to Erasure. This is also known as “the right to be forgotten.” This right empowers you to request that Eureka delete or remove your personal data in situations such as when the data is no longer needed for the original purpose, when the data subject withdraws consent, or when the data subject objects to the processing and the controller has no overriding legitimate interest in the processing. Eureka provides you this functionality in the settings section of the Eureka Website.
Contact. If you have any questions or feedback, or need to reach our Data Protection Officer, please reach out to our support team by email at privacy@eurekasoft.com.

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California ConsumerPrivacy Act (CCPA)

The California Consumer Privacy Act(CCPA) is a U.S. law enacted in the State of California effective beginning January 1, 2020. In general, the CCPA expands the privacy rights of California citizens and requires certain companies to comply with a range of data protection requirements including:

The consumer’s right to receive a copy of the specific personal information collected about them during the 12 months prior to their request;
The consumer’s right to know a business’s data collection practices, including the categories of personal information it has collected, the source of the information, the business’s use of the information, and to whom the business disclosed the information it has collected about the consumer;
The consumer’s right to have such personal information deleted (with exceptions);
The consumer’s right to know the business’ data sale practices and to request that their personal information not be sold to third parties;
A prohibition on businesses on discrimination for exercising a consumer right; and
An obligation on businesses to notify a consumer of their rights.

Eureka customers that produce and store personal information (e.g., Commercial Users) are considered “Businesses "under the CCPA. Businesses have the predominant responsibility for ensuring that their personal data processing is compliant with relevant data protection law, including the CCPA. Eureka is considered a “Service Provider” under the CCPA and shall collect, access, maintain, use, process, and transfer customer personal information and their end-users solely for the purpose of performing our obligations under Eureka’s existing agreement(s); and, for no commercial purpose other than the execution of such obligations and development of Eureka's Services. Eureka is committed to always operating in the best interests of our customers and this also includes compliance with the CCPA. As such, Eureka addresses data protection requirements throughout this Privacy Policy. Eureka does not sell customer personal information, meaning that we also do not rent, disclose, release, transfer, make available or otherwise communicate that personal information to a third party for monetary or other valuable consideration.

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Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law, will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information)or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting).In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

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How to Contact Us

If you would like to exercise your rights under this Policy, please submit your request to: privacy@eurekasoft.com.

Please direct any questions or comments about this Policy or privacy practices to privacy@eurekasoft.com. You may also write to us via postal mail at:

Eureka Software Solutions, Inc.
3305 Northland Drive, Suite 305
Austin, TX 78731