CODE3 AND OUR PRIVACY POLICY

Updated March 2, 2022

Welcome to our website. This Privacy Statement describes the types of information that Social Code, LLC dba Code3 (“we” or us”) collects from and about you on www.Code3.com (the “Site”)

The Site provides information about our company and our software, mobile applications and related services and collects minimal information about Site visitors. This Privacy Statement is for informational purposes only and describes how we generally collect and use information. When you interact with us through the Site, we may collect information from you, as further described below.

Code3 provides various data analytics and marketing services to corporate customers (our “Customers”) and is generally a processor, and not a controller, of personal information. To the extent one of our Customers discloses Personal Information of California consumers or households to Code3, Code3 may be considered a “service provider” under California law. Code3 does not intentionally collect identifiable personal information directly from website visitors.

Your privacy is important to us. This Privacy Statement sets forth our policy with respect to the collection, use and disclosure of information that is collected on our Site. By using the Site, you agree to the data collection, use, disclosure and storage practices described in this Privacy Statement.

We collect information about you in a range of forms, including personal information, when you choose to provide it to us. Personal information (or personal data) means information about an individual from which that person can be identified. It does not include personal information where the identity has been removed (anonymous personal information). This may include when you contact us with inquiries or otherwise contact us. We do not collect personal information directly from individual consumers.

If you are visiting this Site on behalf of one of our Customers, please see the “Authorized Users” section below.

CODE3 DOES NOT SELL YOUR INFORMATION TO THIRD PARTIES

Information You Provide to Us

We do not intentionally collect personal information from visitors to the Site. If you use a third party service to link to us or communicate with us (such as a social network or third party video chat), we may receive certain information about you from the third party based on your registration and privacy settings on those third party services.

Information Collected From Other Sources

We may obtain information about you from other sources, including social networks that you use to connect with us. This information may include name, user name, demographic information, updated address or contact information, interests, and publicly-observed data, such as from social media and online activity.

Information Obtained from Third Parties

If we receive personal information about you from or on behalf of our Customers, we will only use that information for the specific reason for which it was provided to us.

Information Use

We may use the information we collect from and about you on our Site to:

  • Assess the needs of your business to determine suitable products;
  • Send you requested product or service information;
  • Respond to customer service requests;
  • (With your consent), send you a newsletter and marketing communications;
  • Respond to your questions and concerns;
  • Improve the content and functionality of our Web site and marketing efforts;
  • Conduct research and analysis;
  • Display content based upon your interests;
  • Comply with applicable laws, including to respond to requests from public and government authorities;
  • Enforce this Privacy Statement;
  • Protect our rights, privacy, safety or property, and/or that of you or others.
  • Develop new programs, products or services
  • Protect the security or integrity of the Services and our business; and
  • As described to you at the point of data collection or in our Agreement with our Customer.

Information Sharing

We may share the information we collect from and about you:

  1. with third parties that we believe may provide promotional materials, and goods and services that may be of interest to you;
  2. with our Service Providers, if the disclosure will enable them to perform a business, professional or technical support function for us, including as part of our agreement with our Customers;
  3. as necessary if we believe that there has been a violation of this Privacy Statement, our Terms of Use [link], of our rights or the rights of any third party;
  4. when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  5. to respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, national security or law enforcement, as permitted by law, or otherwise as required by law; and
  6. as described to you at the point of collection or in our Agreement with a Customer.

If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Information We Automatically Collect and cookie policy

As is true of most web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We may use cookies, web beacons, pixel tags, log files, or other technologies to automatically collect certain information when you use our Services or interact with our emails and online or mobile advertisements. For example, we may automatically collect certain non-personal information from you such as your mobile device identifier or MAC address, browser type, operating system, device model, software version, Internet Protocol (“IP”) address, mobile or ISP carrier information, and the domain name from which you accessed the Services. We also may collect information about your use of the Services including the date and time you access the Services, the areas or pages of the Services that you visit, the amount of time you spend using the Services, the number of times you return, whether you open forward or click-through emails and ads, and other usage data.

We may also use third-party tools or services, such as Google Analytics, to assist us with analyzing and improving the Site. These third parties are not permitted to use the information collected on our behalf except to help use conduct and improve our business.

As a service provider, we may use certain tracking technologies to assist our Customers in collecting information about your online activities and across third-party websites or other online services (behavioral tracking). Specific inquiries about online advertisements, including on social media, should be directed at our Customers.

7. Tracking Options and California Do Not Track Disclosures. You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers.

8. Combination of Information

We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Site, as well as information collected offline or from third party sources to help us tailor our communications to you and to improve our services.

We do not sell your personal information to third parties.

9. We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Statement.

10. If you do not want us to share your personal information as set forth in this Privacy Statement, contact us at privacy@Code3.com.

Third Parties

We may contract with third parties to perform functions related to the Site and services we provide to our Customers. These third parties will have access to your personal information needed to perform their business functions, but may not use or share that personal information for other purposes. These companies are authorized to use your personal information only as necessary to provide these services to us and/or to support the services we provide to our Customers.

CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. Our Site collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumeror household (“Personal Information”).

Personal information does not include:

publicly available information from government records.

deidentified or aggregated consumer information.

information excluded from the CCPA’s scope, like:

health or medical information covered by the Health Insurance Portability and Accountability Act

of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Notice of Collection of Information.

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute

(Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s licenseor state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES in connection with employee hiring and/or onboarding

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related

information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal

information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

 

Code3 obtains the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase.

Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

CODE3 DOES NOT SELL YOUR INFORMATION TO THIRD PARTIES

We may use or disclose the personal information we collect for one or more of the following purposes:

-To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

-To provide, support, personalize, and develop our Website, products, and services.

-To create, maintain, customize, and secure your account with us.

-To process your requests, purchases, transactions, and payments and prevent transactional fraud.

-To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

-To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

-To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

-For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

-To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

-As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with Service Providers and with third party advertisers, analytics, aggregators, and content providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose/has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Your Rights and Choices

The CCPA provides consumers who are California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

-The categories of personal information we collected about you.

-The categories of sources for 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 (also called a data portability request).

-If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

-sales, identifying the personal information categories that each category of recipient purchased; and

-disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

-Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

-Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

-Debug products to identify and repair errors that impair existing intended functionality.

-Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

-Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

-Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

-Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

-Comply with a legal obligation.

-Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

Emailing us at privacy@Code3.com

Visiting www.Code3.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

-Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

-Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

CODE3 DOES NOT SELL YOUR INFORMATION TO THIRD PARTIES.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Notice of the Right to Opt-Out of Sale of Personal Information

CODE3 DOES NOT SELL YOUR INFORMATION TO THIRD PARTIES

Non-Discrimination; Notice of Financial Incentive

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

-Deny you goods or services.

-Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

-Provide you a different level or quality of goods or services.

-Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Your Other California Privacy Rights

California Civil Code Section §1798.83 permits users of our site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@Code3.com or write us at Code3, 3615 Superior Ave., Cleveland, OH 44114.

Legal Requirements

We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Children

Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of thirteen.

Links to Other Web Sites

This Privacy Statement applies only to the Services. The Services may contain links to third-party sites or applications, including social media sites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites or applications. The links to third-party sites from the Services do not imply that we endorse or have reviewed the third-party sites.

Data Security

The security of your personal information is important to us. We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about You. While we make every effort to help ensure the integrity and security of our network and systems, the transmission of information via the internet is not completely secure. E-mail sent to or from the Services may not be secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Data Storage and Retention

Your personal information is stored on our Service Providers’ servers in the United States. You understand and agree that we may collect, use, disclose, and otherwise process the information you provide as described in this Privacy Statement even if you are from an area outside the United States. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the United States. We will retain your personal information for as long as it is needed to provide you with the Services, or to fulfill any legal or contractual obligations we may have.

Access to Your Personal Information

You may also send us an email atprivacy@code3.comto request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change or delete information if we believe doing so would violate any law or legal or audit requirement or cause the information to be incorrect.

Authorized User Notice

If you access the Site on behalf of one of our Customers, you are considered an Authorized User under the Customer’s contract with us. The Customer decides how the information you provide is collected and used, including what is shared with us for our use. Your use of the Site is subject to our privacy policy and terms of use, as well as the contract with our Customer. If you have questions about the collection and use of your information on a Site as part of services we provide to a Customer, please contact the Customer, who may be your employer.

This Site is not intended to collect personal health information or other sensitive information about you as a Customer representative. Any such information should remain with the Customer and should be shared and used only in accordance with our contracts with our Customers and the Customer’s privacy and other policies and procedures.

The information we collect from Authorized Users may include your name, address, email address, telephone number, mobile telephone number or geolocation information or any other information you provide while you use our Services on behalf of our Customer, such as login or password. We may only be able to change how we share personal information of Authorized Users in accordance with our agreement with our Customers or our Customer’s instructions.

If you provide us with the name of your company, we may use the name of your company (but not other personal information) on a list of current or former customers for promotional purposes.

Changes to Our Privacy Statement

We reserve the right to revise this Privacy Statement at any time. When we do, we will post the changes on the Site. If we change the Privacy Statement in a material way, we will provide appropriate notice to you. Your continued use of the Services after any changes or revisions to this Privacy Statement shall indicate your agreement with the terms of such revised Privacy Statement.

Please also feel free to contact us at privacy@code.com if you have any questions about our Privacy Statement or the information practices of the Services.

Privacy Policy from July 11, 2017