Experlogix Privacy Policy

Effective date: August 31, 2022

This Privacy Policy (“Privacy Policy”) explains how Experlogix, LLC and its affiliates and subsidiaries (collectively, “Experlogix,” “us,” “we,” or “our”) collects, uses, and shares your personal information in connection with our website located at www.experlogix.com, our customer and partner portals, and any other websites we operate that link to this Privacy Policy (collectively, the “Site”), our mobile applications (collectively, the “App”), and our social media pages, email communications, and other offerings (collectively, and together with the Site and the App, the “Service”).

This Privacy Policy does not apply personal information that Experlogix stores or maintains on behalf of our customers.  For more information about the privacy practices of any Experlogix customers, please contact the relevant customer.

Experlogix reserves the right, at any time, to modify this Privacy Policy.  If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy.  You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices.  We will note the effective date of the latest version of our Privacy Policy at the top of this Privacy Policy.  Your continued use of the Service following posting of changes constitutes your acceptance of such changes.

1. COLLECTION OF PERSONAL INFORMATION

• Personal Information that You Provide. We collect the personal information that you provide to us, such as when you fill in forms on the Site, use the Service, register for an account, subscribe to our emails, request further products and services, communicate with us, or complete transactions with us.
• Personal Information Collected Automatically. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device and your activity over time on our Service and other sites and online services, such as the online identifiers, online activity information, and device information described in the table above.  Like many online services, we use cookies and similar technologies to facilitate some of our automatic data collection, including:
  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising. For more information, please visit our Cookie Policy.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
  • Software development kits, or SDKs, are third-party computer codes used in connection with our App for a variety of purposes, including to provide us with analytics regarding the use of our App, to integrate with social media, add features or functionality to our App, or to facilitate online advertising. SDKs may enable third parties to collect information directly via our App.
• Personal Information Received from Third Parties. We may also receive personal information about you from third parties, such as our business partners, resellers, the organization you work for, other customers, our subsidiaries and affiliates, data licensors, marketing partners, and publicly-available sources, such as social media platforms.
• Referrals. Users of the Service may have the opportunity to refer colleagues or other contacts to us and share their contact information.  Please do not provide us with someone’s contact information unless you have their permission to do so.

2. USE OF PERSONAL INFORMATION

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

2.1. To Provide the Service. We may use your personal information to:

• provide and operate the Service and our business;
• monitor and improve your experience on the Service;
• create and maintain your account;
• review and respond to your requests;
• communicate with you about the Service and other related communications;
• respond to your inquiries or support tickets;
• provide products and services you request;
• process your transactions, send you invoices, and monitor your orders; and
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.

2.2. Research and Development. We may use your information for research and development purposes, including to improve the Service, understand and analyze the usage trends and preferences of our users, and develop new features, functionality, and services.  As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

2.3. Direct Marketing. We may send you Experlogix-related or other direct marketing communications as permitted by law.  You may opt-out of our marketing communications as described in the “YOUR CHOICES” section below. 

2.4. Interest-Based Advertising. We may work with third-party advertising companies and social media companies to help us advertise our business and to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data and online activity data described above) over time across our Service and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you.  You can learn more about your choices for limiting interest-based advertising in the “YOUR CHOICES” section below. 

2.5. To Comply with Laws and Regulations. We will 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.

2.6. For Compliance, Fraud Prevention, and Safety. We may use your personal data and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Service, products and services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Service; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

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

3. SHARING OF PERSONAL INFORMATION

We may share your personal information with the entities and individuals listed below or as otherwise described in this Privacy Policy or at the point of collection.

3.1. Related Companies. We may share information collected about you with any member of our group of companies, including subsidiaries, our ultimate holding company, and its subsidiaries. For example, we will share your personal information with our related companies to provide our products and services to you, where other companies within our group perform components of the full service offering.

3.2. Service Providers. We share personal information with third parties and individuals who perform functions on our behalf and help us run our business.  For example, service providers help us perform technical maintenance (including maintenance of network equipment and electronic communications networks), website hosting, maintenance services, database management, web analytics, billing, payment processing, marketing, and other purposes.

3.3. Other Users. If you post any information to any public or community areas of the Service, such as in our community forums, your personal information will be shared and displayed to other users and any parties that may access your post, including the public.  Please note, we are not responsible for the activities of other users, third parties, or the public, and do not control how they may use or share the information you make available through the Service.

3.4. Advertising Partners. We may also share personal information collected about you with third parties who we partner with for advertising campaigns, contests, special offers or other events or activities in connection with our Service, or that collect information about your activity on the Service and other online services to help us advertise our products and service, and/or use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms.

3.5. Business Transferees. We may disclose personal information collected about you with third parties in connection with any business transaction (or potential transaction) involving a merger, sale of company shares or assets, financing, acquisition, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).

3.6. Authorities, Law Enforcement, and Others. We may also disclose information collected about you to law enforcement, government authorities, and private parties, if disclosure is necessary to comply with any applicable law or regulation, in response to a subpoena, court order, governmental inquiry, or other legal process, or as we believe necessary for the compliance and protection purposes described in section titled “USE OF PERSONAL INFORMATION” above.

3.7. Professional Advisors. We may share your personal information with persons, companies, or professional firms providing Experlogix with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.

4. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Some Experlogix companies are headquartered in the United States, and we have service providers in the United States and other countries.  Your personal information may be collected, used, and stored in the United States or other locations outside of your home country.  Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.  By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.

European users may view the section below titled “NOTICE TO EUROPEAN USERS” for additional information regarding any transfers of your personal information.

5. SECURITY

No method of transmission over the internet, or method of electronic storage, is fully secure.  While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.

6. OTHER WEBSITES AND SERVICES

The Service may contain links to other websites and 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.

7. YOUR CHOICES

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

7.1. Accessing and Correcting Your Personal Information. You may access or make changes to certain personal information by logging into your account and updating or correcting your profile and registration information.  You may also request to change your personal information by contacting us as described below.

7.2. Promotional Emails. 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 as described below.  You may continue to receive service-related and other non-marketing emails.

7.3. Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and our Site 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 www.allaboutcookies.org.  You may also visit our Cookie Policy.

7.4. Advertising Choices. You can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device.  You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the European Interactive Digital Advertising Alliance (for European users – http://www.youronlinechoices.eu/), and the Digital Advertising Alliance (optout.aboutads.info).  The opt-out preferences described here must be set on each device and/or browser for which you want them to apply.  Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.  If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

7.5. Do Not Track. Some 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 http://www.allaboutdnt.com.

7.6. Declining to Provide Information. We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.

8. NOTICE TO CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

This section applies only to California residents. It describes how we collect, use, and share personal information of California residents when we act as a “business” as defined under California privacy laws, and their rights with respect to their personal information.  For purposes of this section, “personal information” has the meaning given under California privacy laws but does not include information exempted from the scope of such laws.  In some cases we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.

8.1. Personal Information That We Collect, Use, and Disclose. We describe:

• the categories of personal information we may have collected about you in the preceding 12 months, and the categories of sources from which we collect such personal information, in the section above called “COLLECTION OF PERSONAL INFORMATION;”
• the business and commercial purposes for which we collect this information in the section above called “USE OF PERSONAL INFORMATION;” and
• the categories of third parties to whom we disclose this information in the section above called “SHARING OF PERSONAL INFORMATION.”
  

8.2. Personal Information Disclosed for a “Business Purpose” or “Valuable Consideration.” Experlogix must also disclose whether the following categories of personal information are disclosed for a “business purpose” or “valuable consideration” as those terms are defined under California privacy law.  This latter category is also called a “sale” of personal information.

In the preceding twelve months, Experlogix has disclosed each of the categories listed in the section above titled “COLLECTION OF PERSONAL INFORMATION” for the business purposes set forth in this Privacy Policy.  Because California law broadly defines a “sale” to include data that our advertising partners may collect or receive from us, Experlogix has “sold” the following categories of personal information in the preceding twelve months: online identifiers; online activity information; device information.

8.3. Your Rights as a California Resident. California privacy law provides California residents with the rights listed below.  Please note, these rights are not absolute and in some cases we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity.

• Right to Access. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including:
  • The categories of personal information we collected about you.
  • The categories of sources of the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
• Right to Erase/Delete. You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions.
• Right to Opt-Out of Sales. If we “sell” your personal information according to California law, you can opt-out.  In addition, if you direct us not to sell your personal information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.
• Right to Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form or legally prohibited increases in the price or decreases in the quality of our products and services.
  

8.4. How to Exercise Your California Privacy Rights. Requests to exercise your California privacy rights may be submitted using the methods below:

• Access or Deletion. You can request the access or deletion rights described above by:
  • Emailing us at privacy@experlogix.com, or
  • Sending us a request via mail at the mailing address provided in the “CONTACTING US” section below.
• Opt-Out of “Sales.” You can opt-out of the “sale” of your personal information by:
  • Emailing us at privacy@experlogix.com, or

When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity.  This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it.  We may also contact you to ask you for further information in relation to your request to speed up our response.

You may also designate an authorized agent to make a request on your behalf.  If you do so, we may require the requester’s proof of identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify your request, including evidence of valid permission for the authorized agent to act on your behalf.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights).  However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

We try to respond to all legitimate requests within 45 days of your request.  Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests.  In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.

9. NOTICE TO EUROPEAN USERS

The information provided in this section applies only to individuals in the European Union, the European Economic Area, and the United Kingdom (collectively, “Europe”).

Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. 

9.1. Controller. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Experlogix, LLC, 10808 S Riverfront Pkwy, Suite 650, South Jordan, UT 84095, USA.

9.1. Legal Bases for Processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it.  However, the legal bases we typically rely on are set out in the table below.  We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at privacy@experlogix.com.

Processing Purposes	Legal Basis
To Provide the Service	Processing is necessary to perform the contract governing our operation of the Service, or to take steps that you request prior to engaging our services. Where we cannot process your personal data as required to operate the Service on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request.
Research and Development	Processing is based on our legitimate interests in performing research and development as described in this Privacy Policy.
Direct Marketing	Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business and showing you tailored relevant content.
Interest-Based Advertising	Processing is based on your consent where that consent is required by applicable law. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.
To Comply with Laws and Regulations	Processing is necessary to comply with our legal obligations.
For Compliance, Fraud Prevention and Safety	Processing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others’ rights, privacy, safety, or property.
With Your Consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.

9.3. Use for New Purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis. 

9.4. Retention. We will retain your personal data for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations. 

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

9.5. Your Rights. European data protection laws give you certain rights regarding your personal information.  You may ask us to take the following actions in relation to your personal information that we hold:

• Access.  Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct.  Update or correct inaccuracies in your personal information.
• Delete.  Delete your personal information.
• Transfer.  Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict.  Restrict the processing of your personal information.
• Object.  Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights. 

You may submit these requests by contacting us at privacy@experlogix.com or at the mailing address listed below.  We may request specific information from you to help us confirm your identity and process your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here. 

9.6. Cross-Border Data Transfer. If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so.  Please contact us at privacy@experlogix.com for further information about any such transfers or the specific safeguards applied.

10. CONTACTING US

If you have questions or concerns about our Privacy Policy or any other privacy or security issue, please email us at privacy@experlogix.com or write to us at the address below:

Experlogix, LLC
Attn: Privacy Agent
10808 S River Front Pkwy, Suite 650
South Jordan, UT, USA 84095