Ever Accountable Legal

Privacy Policy, Customer Terms of Service, Accountability Partner Terms of Service, and Cookie Policy

 


Appendix A: Privacy Shield Statement

Ever Accountable, LLC (“Ever Accountable”) complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the collection, use and retention of Personal Data transferred from the European Economic Area (“EEA”) and Switzerland to the United States as further described in the Scope below.  This Privacy Shield Statement outlines Ever Accountable’s commitment to the Privacy Shield Principles (“Principles”) and practices for implementing the Principles. If there is any conflict between the terms in this statement and the Principles, the Principles shall govern. To learn more about the Privacy Shield program and to view our certification, please visit https://www.privacyshield.gov/.

Scope and Responsibility

Ever Accountable commits to comply with the Principles with respect to Personal Data it receives from its Customers or their Users in the EEA and Switzerland in connection with the use of (i) Ever Accountable’s services (“Subscription Services”), and (ii) related support services (“Support Services”) offered by Ever Accountable.

All employees of Ever Accountable that have access in the U.S. to Personal Data covered by this Statement are responsible for conducting themselves in accordance with this Statement and the Principles. Adherence by Ever Accountable to this Statement may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations, but Personal Data covered by this Statement shall not be collected, used, or disclosed in a manner contrary to this Statement without the prior written permission of the Ever Accountable President.

Ever Accountable employees responsible for engaging third parties to which Personal Data covered by this Statement will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of the Principles, including any applicable contractual assurances required by Privacy Shield.

Jurisdiction

The Federal Trade Commission (FTC) has jurisdiction over Ever Accountable’s compliance with the Privacy Shield Principles.

Definitions

For the purposes of this Statement:

“Cookies” means any file with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to a browser from a website and transferred to a user’s device.

“Customer” means any entity that purchases the Service.

“Customer Data” means the electronic data uploaded into the “Subscription Service” or “Support Service” by or for a Customer or its Users.

“Log Data” means any information such as a computer’s Internet Protocol (IP) address, browser type, browser version, the pages of the Service that are visited, the time and date of a visit, the time spent on those pages and other statistics.

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual and (ii) received by Ever Accountable in the U.S. from the EEA or Switzerland in connection with the Service.

“User” means an individual authorized by Customer to access and use the Service

 

Types of Personal Data Collected

The information that Ever Accountable collects is grouped into two categories: Personally Identifiable Information (PII), which is data that identifies or could identify a User, and non-PII, which is data that, by itself, could not be used to identify a User. Examples of PII include a User’s name, email address, and phone number. Examples of non-PII include information about device specifications and connectivity to the Service.

 

Purposes of Collection and Use

 

Personally-Identifiable Information

Ever Accountable may collect PII from Users in a variety of ways, including but not limited to screen scraping, when Users install and use our app or Service, purchase a subscription to the Service and when leveraging all of the features of the Service. Ever Accountable will collect PII from Users only if they voluntarily submit such information to us by using our Service and by explicitly providing consent for us to collect data as part of that usage. Ever Accountable collects three different types of PII:

  1. Your name, email address, and the email addresses of your accountability partners. This information is needed so that Ever Accountable can contact your accountability partners and report on your activity. Ever Accountable uses this information to provide accountability reports to your accountability partners, to contact you occasionally related to your account, to request feedback on our service, or to notify you about new services and features. This information is retained for the life of your account and for one year after your account lapses. To immediately remove information from our Service, please contact our support team at support@everaccountable.com.
  2. The websites you visit, apps you use, content you view inside apps, settings you change on the device, and other information related to the usage of your device. This information is transferred via an encrypted connection and stored temporarily on our secure server. It is used only to build the reports Ever Accountable sends to your accountability partners.
  3. App diagnostic logs that Ever Accountable may use to troubleshoot problems with the Service, and to assist with customer support. This information, as well as the diagnostic logs, are automatically deleted after the report emails have been sent and the information is no longer needed for the service.

Non-Personally-Identifiable Information

Ever Accountable may collect non-PII about Users whenever they interact with our Service. Non-PII may include:

  1. The type of device and technical information about Users’ means of connection to our Service, including but not limited to operating system and version, Internet Service Providers (ISPs) used, and other similar information.
  2. The way a User interacts with our Service and website, such as through button clicks, time spent using our app, the percentage of users who purchase subscriptions, etc.

Security

Ever Accountable takes reasonable, commercially-available, acceptable security procedures and practices appropriate to the nature of the information stored, in order to protect Personal Data covered by this Statement from unauthorized access, destruction, use, modification, or disclosure.

Onward Transfers of Personal Data

In the event Ever Accountable transfers Personal Data covered by this Statement to a third party acting as a controller, Ever Accountable will do so consistently with any notice provided to Customers and Users and any consent they have given, and only if the third party provide contractual assurances that it will:

(i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Customers and Users,

(ii) provide at least the same level of protection as is required by the Privacy Shield Principles and notify us if it makes a determination that it cannot do so; and,

(iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination.

If Ever Accountable has knowledge about a third party acting as a controller is processing Personal Data covered by this Statement in a way that is contrary to the Principles, Ever Accountable will take reasonable steps to prevent or stop such processing.

With respect to agents of Ever Accountable, Ever Accountable will transfer only the Personal Data covered by this Statement needed for an agent to deliver to Ever Accountable for the requested product or service. Furthermore, Ever Accountable will:

  1. Permit the agent to process such Personal Data only for limited and specified purposes.
  2. Require the agent to provide at least the same level of privacy protection as is required by the Principles.
  3. Take responsibility and appropriate steps to ensure the agent effectively processes the Personal Data transferred in a manner consistent with Ever Accountable’s obligations under the Principles.
  4. Require the agent to notify Ever Accountable if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the Principles, Ever Accountable will take reasonable and appropriate steps to stop and remediate unauthorized processing.

Ever Accountable remains liable under the Principles if an agent processes Personal Data covered by this Statement in a manner inconsistent with the Principles, except where Ever Accountable is not responsible for the event giving rise to the damage.

Third Party Disclosures

Ever Accountable uses many third-party services in order to deliver a robust, reliable and feature-rich service to Users and prospective users, and therefore may disclose Personal Data that Customers and Users provide to the service on:

  1. To subsidiaries and affiliates.
  2. To perform Service-related services and/to assist in analyzing how the Service is used.
  3. In the event Ever Accountable sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation), in which case Personal Data held by Ever Accountable about its Customers and Users will be among the assets transferred to the buyer or acquirer. In such case, Ever Accountable will provide notice before Personal Data is transferred and/or becomes subject to a different Privacy Policy.
  4. If required to do so by law or legal process.
  5. In response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.

A complete account of third-party services used by Ever Accountable is in the Privacy Policy. In accordance with Ever Accountable’s legal, contractual and regulatory obligations such as the European Union (EU) General Data Protection Regulation (GDPR) and Privacy Shield, all third-party services are vetted by Ever Accountable’s Data Protection Officer with the appropriate contractual agreements in place that guarantee the appropriate handling and security of your data.

Third Party Sites

The Ever Accountable website and digital communications may contain links to other websites for news and other information. Our Privacy Shield Policy and Privacy Policy only applies to the Ever Accountable websites and are not responsible for the privacy practices or the content of other websites. You should check the privacy policies of those websites before providing your personal information to them.

Children

Ever Accountable is not intended for children and does not purposefully collect personally identifiable information from children under the age of 16. If a child has provided Ever Accountable with personally identifiable information, please have a parent or guardian send an email to support@everaccountable.com with the child’s name and Ever Accountable will do our best to delete the information from our files.

Access

Customers and Users whose Personal Data is covered by this Statement have the right to access such Personal Data and to correct, amend, or delete such Personal Data if it is inaccurate or has been processed in violation of the Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject’s privacy, or where the rights of other persons other than the Data Subject would be violated).

Requests for access, correction, amendment, or deletion should be sent using the contact information indicated below.

Recourse, Enforcement, and Liability

Ever Accountable’s participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework is subject to investigation and enforcement by the Federal Trade Commission or any other U.S. authorized statutory body.

In compliance with Privacy Shield Principles, Ever Accountable commits to resolve complaints about your privacy and our collection or use of your Personal Data free of charge. Data Subjects with inquiries or complaints regarding this Privacy Shield Policy should first contact Ever Accountable using the contact information below.

Ever Accountable has further committed to refer unresolved Privacy Shield complaints to the BBB EU Privacy Shield, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us or if Ever Accountable has not addressed your complaint to your satisfaction, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information or to file a complaint. The services of the BBB are provided at no cost to you.

Binding Arbitration

If neither Ever Accountable nor the BBB EU Privacy Shield resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel. To learn more about the Privacy Shield Panel, visit its section on the Privacy Shield Website.

Customers may have the option to select binding arbitration for the resolution of a complaint under certain circumstances, provided they have taken the following steps:

  1. Raised the complaint directly with Ever Accountable and provided the opportunity to resolve the issue;
  2. Made use of an independent dispute resolution mechanism; and,
  3. Raised the issue through relevant data protection authority (DPA) and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost.

For more information on binding arbitration, see U.S. Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Changes to this Privacy Shield Statement

This Statement may be amended from time to time consistent with the requirements of the Principles. Appropriate notice regarding such amendments will be given.

Additional Legal and Privacy Policy Information

Further details on the collection and usage of data can be found in our published Legal and Privacy Policy.

How to Contact Ever Accountable

To ask questions or comment about this Statement and privacy practices, or to update, change or remove Personal Data, contact Ever Accountable at support@everaccountable.com.