Enrollsy, Inc. Privacy Policy

Effective: July 3, 2022

I. Introduction

Enrollsy, Inc. ("Enrollsy") respects your privacy and is committed to protecting it. Our Privacy Policy explains how we do this and how you can exercise your privacy rights. This policy uses the term "Personal Information" to mean information relating to an identified or identifiable individual (e.g., name, address, email address, or phone number). The term “Personal Information” does not apply to de-identified, anonymized, and aggregated data that may be derived from Personal Information, that cannot be reasonably connected with any individual, (“De-identified Data”). We hold all rights in and may use De-identified Data for our own purposes in any legal manner and without attribution or compensation to any person.

If you have any questions or concerns about our use of your Personal Information, please contact us using the contact details provided below.

Enrollsy is a cloud-based software provider headquartered in Utah. We help companies manage and optimize their enrollment and customer engagement processes. For simplicity, we have separated this Privacy Policy into three sections. The first explains how Enrollsy processes and uses the Personal Information of visitors to our website found at www.enrollsy.com (the "Website Privacy Policy"). The second explains how our customers use our cloud enrollment software and associated apps (the "Services") to process Personal Information from their customers (the "Services Privacy Policy"). The third explains some general principles that apply to both the Website Privacy Policy and Services Privacy Policy.

Please note that the data controller of Personal Information processed through our website is Enrollsy, Inc. The data controller of Personal Information processed through our Services is the Enrollsy customer who has purchased our Services. We rely on your compliance with our Terms of Service or other agreement(s) you may have with us to process Personal Information through the Services.

A. Website Privacy Policy

PERSONAL INFORMATION WE PROCESS

Enrollsy may process the following information, including Personal Information from and about you:

From your interaction with Sales, Marketing, and Customer Support: We process Personal Information such as your name, company name, email address, phone number, and billing information when you request a demo of our Services, sign up for a plan (including abandoned carts), or request sales information or customer service.

Cookies, Scripts, and Related Technologies: When you visit our website, we (and some third-party service providers) receive and record Personal Information you may have provided, including your digital signature or IP address. The technologies we use to track your movements around our website include cookies, tracking scripts and pixels, and tagging technologies. We use these tools to understand your preferences and improve your experience on our website.

LAWFUL BASIS FOR PROCESSING

In general, our lawful basis for processing your Personal Information is based on your specific consent or your contract with us.

By accessing or using our website or by otherwise interacting with us online, you consent to our processing of your Personal Information as described in this Website Privacy Policy. If the processing of your Personal Information is based on your consent, you may withdraw your consent at any time, and we will cease processing your Personal Information. However, in some cases, this may result in your inability to receive partial or full access to our website, and your withdrawal of consent does not limit our ability to use De-Identified Data for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent may not prevent us from processing Personal Information if we have processed such Personal Information pursuant to a different lawful basis or to preserve legal claims. For example, if you give your consent for us to process your Personal Information, but we are also required by law to process your Personal Information, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with us, either by registering for and accessing the website, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Personal Information for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Personal Information is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Personal Information has been fulfilled and after we no longer have a legal obligation to process that Personal Information.

In all cases, we will comply with applicable law and we will cease processing your Personal Information after the legal right, obligation, or another lawful basis expires.

If you have questions about or need further information concerning the legal basis on which we process and use your Personal Information, please contact us at info@enrollsy.com.

HOW ENROLLSY USES YOUR PERSONAL INFORMATION

We may use the information we process, including Personal Information, for the following purposes:

• To customize our website: We will analyze the data we process about your use of our website.
• To communicate with you: If you request more information about our products, we will contact you using the information you provide. We may send you information about products and services with your prior opt-in consent where required by applicable law.
• To aggregate data: We use De-Identified Data processed through our website to create statistics that help us improve our business.

HOW ENROLLSY MAY DISCLOSE OR SHARE YOUR INFORMATION

We do not sell or otherwise disclose the Personal Information we process about you, except as described below.

We may share your Personal Information:

• With our partners and third-party service providers. We authorize these service providers to use or disclose the information only as necessary to perform services on behalf of Enrollsy (for example, to support the delivery of, provide functionality on, or help enhance our website's security or to process payments). We require these service providers by contract to safeguard the privacy and security of Personal Information that they process on our behalf;
• To any competent law enforcement body, regulatory, government agency, court, or another third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• To an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, provided that we inform such third parties that they must use your Personal Information only for the purposes disclosed in this Website Privacy Policy; and
• To any other person with your consent to the disclosure.

Our website may contain links to third-party websites or third-party applications ("apps"). When you click on a link to any other website, app, or location, you will leave our website and go to another site. Another entity may process Personal Information or anonymized data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Website Privacy Policy do not apply to these external websites, apps, or content, or to any processing of your Personal Information after you click on links to such outside websites or apps. We encourage you to read the privacy policies of every website you visit or app you use. The links to third-party websites, apps, or locations are for your convenience. They do not signify Enrollsy's endorsement of such third parties or their products, apps, content, or websites.

B. Services Privacy Policy

This Services Privacy Policy applies to all information and data, including Personal Information we process through our Services. However, please note that Enrollsy only processes Personal Information in our Services as a data processor on behalf of our customers and per their instructions. We have no direct relationship with the individuals whose Personal Information our customers process ("End Users”). For example, if an End User enrolls online with one of our customers, such End User’s Personal Information will be automatically transferred to our Services. However, the company offering enrollment is the data controller and their privacy policy may supersede and control over such processing of Personal Information. End Users should contact that entity directly with any questions regarding its privacy policies or data processing practices, or if an End User wants to modify Personal Information, restrict its processing, or delete it from our Services.

PERSONAL INFORMATION WE PROCESS

Enrollsy processes certain Personal Information input or uploaded into our Services by our customers' employees or End Users, including contact information, photos, enrollee activities, notes, and other information.

Enrollsy will use such Personal Information only as necessary to provide and deliver the Services to our customer, to prevent or address any service or technical issues, to respond to a customer's support request, or for any other purpose provided for in the customer agreement, or in accordance with or as may be required by law.

LAWFUL BASIS FOR PROCESSING

In general, our lawful basis for processing such Personal Information is based on our contract with our customers and, as may be applicable, an End User’s specific consent. We rely on our customers' compliance with our Terms of Service or the separate agreement we may have with our customers to process Personal Information in our Services. We may also process Personal Information for our legitimate business interests, where applicable.

In all cases, we will comply with applicable law and we will cease processing Personal Information after the legal right, obligation, or another lawful basis expires.

If you have questions about or need further information concerning the legal basis on which we process and use your personal information, please contact us at info@enrollsy.com.

HOW ENROLLSY USES YOUR PERSONAL INFORMATION

Enrollsy may access or use the Personal Information processed through the Services for a range of reasons, which may include:

• To provide, operate, optimize and maintain the Services;
• To address customer questions and support requests;
• To manage Enrollsy's platform, system administration, and security;
• To compile De-Identified Data about the operation and use of the Services and to better understand the preferences of our customers;
• To send customers technical alerts, reports, updates, security notifications, and other Service-related communications;
• To carry out research and development to improve our products and services;
• To investigate and prevent fraud, unauthorized access or use of Services, breaches of terms and policies, and other wrongful behavior;
• To carry out other legitimate business purposes and other lawful bases about which Enrollsy will notify You.

HOW ENROLLSY MAY DISCLOSE OR SHARE YOUR INFORMATION

We do not sell or otherwise disclose Personal Information we process in our Services, except as described in this Services Privacy Policy or as we disclose to you when this information is processed. As described in more detail below, we may share your Personal Information:

• With third-party data subprocessors. We authorize these subprocessors to use the information only as necessary to assist Enrollsy in providing the Services (for example, to provide cloud storage services, support ticketing, payment processing, or enhance security). We require these subprocessors by contract to safeguard the privacy and security of any Personal Information that they process on our behalf;
• To any competent law enforcement body, regulatory, government agency, court, or another third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• To an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, provided that we inform such third parties that they must use your Personal Information only for the purposes disclosed in this Services Privacy Policy; and
• To any other person with your consent to the disclosure.

Our customers may choose to integrate their Enrollsy accounts with other third-party service providers. While we try to select integration partners that share our privacy standards, such third-party websites and services are outside of our control and are not covered by this Services Privacy Policy, and we are not responsible for their content, security, or privacy practices.

C. General Information

HOW ENROLLSY HOLDS AND SECURES YOUR INFORMATION

We care about your Personal Information security and take appropriate steps to ensure that your Personal Information is treated securely. The measures we use are designed to provide a security level appropriate to the risk of processing your Personal Information and protect its loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Such measures include, but are not limited to:

• the pseudonymization and encryption of Personal Information;
• the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
• the ability to restore the availability and access to Personal Information promptly in the event of a physical or technical incident;
• a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

INTERNATIONAL DATA TRANSFERS

Your Personal Information will be processed on servers located in the United States. Your Personal Information may also be transferred to and processed by our third-party service providers, subprocessors, and partners.

Personal Information that is transferred to our third-party service providers, subprocessors, and partners may be processed, in countries other than the country in which you are a resident, according to their individual privacy policies. These countries may have data protection laws that are different from your country (and, in some cases, may not be as protective). We will comply with all applicable laws related to the transfer of your Personal Information to other countries.

We have taken appropriate safeguards to require that your Personal Information remain protected according to the Website Privacy Policy and the Services Privacy Policy.

HOW LONG ENROLLSY RETAINS YOUR PERSONAL INFORMATION

We will process your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you or our customers. We may process certain Personal Information as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of De-Identified Data, account recovery, or if required by law. All retained information will remain subject to the terms of the Website Privacy Policy or the Services Privacy Policy.

"DO NOT TRACK" OPTIONS

Your web browser(s) may offer a "Do Not Track" option, which allows the individual to signal to operators of websites and web applications and services (including behavioral advertising services) that he or she does not wish such operators to track certain of his or her online activities over time and across different websites. We do our best to support Do Not Track requests but cannot guarantee full support based on the variety of internet browsers and technologies which means that we may process information about your online activity both while you are using the website and Services and after your use of the website and Services.

YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

Under applicable data protection, privacy, and other laws, you may have certain rights related to your access and control of your Personal Information. Such rights may include the following:

1. The right to access, correct, update, or request deletion of your Personal Information.
2. The right to object to processing or restrict the processing of your Personal Information (Please note that if you exercise this right, it may limit or eliminate our ability to provide you the website or the Services).
3. The right to request portability of your Personal Information.
4. The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.
5. The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making.
6. The right to submit a complaint to any applicable regulatory authority about our processing activities.
7. The right to opt-out of us sharing (as defined in the CPRA) your Personal Information, including for direct marketing purposes, subject to certain legal exceptions.
8. The right to limit use, disclosure, and restrict sensitive personal information (as defined in the CPRA).

We may use additional processes to verify your identity before we reveal or delete any of your Personal Information, including two-factor or two-step authentication measures to ensure we can identify you.

This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods herein.

Further, although we currently do not process Personal Information without consent, if we at any time in the future process Personal Information without your express consent, you may opt-out or withdraw consent at any time.

Please note that exercising any of the above rights may limit or eliminate our ability to provide you the website or the Services. If so, we may terminate the Services or your access to the website due to such requests.

We will try to comply with your request(s) as soon as reasonably practicable and at the very least as required under applicable law. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. Please note that if you are an End User, you should contact the entity who is our customer to make any data requests.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the website and Services, and you cannot opt-out from receiving those messages while continuing to use the website and Services.

To exercise any of these rights, or if you have any questions about our processing of your Personal Information, please contact us at info@enrollsy.com.

A.  Privacy For EU/UK Residents

The Regulation (EU) 2016/679 (General Data Protection Regulation) made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects the data we process and how we use that data. These Privacy Policies do that and if you have any questions for us regarding our data processing, please contact us at info@enrollsy.com]. We comply with the GDPR requirements to the extent they apply to us.

We are based in the United States. By accessing or using the Services or otherwise providing information to us, you understand that your information will be subject to processing, transfer, and storage in and to the United States.

Due to the nature of our Services, we typically act as a "Processor" as defined under the GDPR. If you believe that this role should be defined differently, please contact us info@enrollsy.com.

Pursuant to the GDPR, residents of the EU (and the EEA, as applicable) have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we hold about you. Please contact us if you have any questions.

Further, if you are a resident of the United Kingdom ("UK"), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the "UK GDPR") is different than the GDPR, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.

B.  Privacy For California Residents

California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act ("CPRA"), portions of which took effect January 1, 2022. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.  

If you are a California resident, you may request to exercise your rights for any Personal Information we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Personal Information. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.

Due to the nature of our Services, we typically act as a "service provider" as defined under the CCPA and CPRA. If you believe that this role should be defined differently, please contact us at info@enrollsy.com.

C. Other Data Privacy And Protection Laws

We strive to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply to us and our Services. We strive to be transparent about our data processing activities and have disclosed our practices throughout these Privacy Policies. If you have any questions about your rights under any applicable data protection and privacy laws, please contact us info@enrollsy.com.

CHILDREN'S PRIVACY

Other than for Personal Information processed for the specific purpose of providing the Services to our customers and their End Users, we do not knowingly process Personal Information from individuals who are under 13. If we become aware that we have processed Personal Information from a person under 13, except to provide the Services, and except to the extent allowed or required by law, then we will attempt to delete such Personal Information as soon as possible, subject to our obligations under applicable law. If you are under the age of 18 in the jurisdiction in which you reside and want to make a request under applicable law, we may require you to make such request through a parent or guardian. If you believe that we have processed Personal Information from a person under 13 in contravention of this policy, our provision of the Services, or applicable law, please contact us at info@enrollsy.com.

UPDATES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to change legal, technical, or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the "last updated" date displayed at the top of this Privacy Policy.

CONTACT INFORMATION

If you want to provide comments or questions about our Privacy Policy or to exercise your rights, feel free to contact us at info@enrollsy.com.

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