PRIVACY POLICY

INTRODUCTION:

Eclipse Tech, L.L.C. (“Eclipse Tech”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how Eclipse Tech collects and uses your personal information and data. This Privacy Policy covers all Personal Data that we receive from various sources, as outlined below. By using or accessing Eclipse Tech’s website(s) in any way, or by engaging in transactions with Eclipse Tech through any other means, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use this website or transact business with Eclipse Tech.

For purposes of this Privacy Policy, “Personal Data” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Both federal and state law in the United States define Personal Data or Personal Information, as do the laws of Canada, the European Union, and other countries and jurisdictions. This Privacy Policy is intended to include the most expansive definition. However, please recognize that your rights related to Personal Data, and how Personal Data is defined, differs somewhat from state to state and country to country. For example, a California resident likely has different rights than a Utah resident, and each of them likely has different rights than a resident of Canada.

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page, and may also provide notice of material changes to this Privacy Policy on our website home page or on the web portal for our subscription service. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website and services. Each time you use any service of Eclipse Tech, you agree that the current version of this Privacy Policy applies.

PERSONAL DATA THAT WE COLLECT:

In connection with our business, we collect and process the following categories of Personal Data of individuals:

  • contact information (which may include name, physical address, telephone, and email address)
  • other individual identifiers, including the names of subscribers who have licenses for Eclipse Tech’s online content creation and data solutions platform and subscription service (such as employer or educational institution) and student/employer identification.
  • payment information, such as credit card type and number and/or bank account number, which will be collected by our third-party payment gateway. However, please note that Eclipse Tech and its employees will not have access to payment data or store such data on Eclipse Tech’s servers, other than minimal information such as the last four digits of a credit card or bank account.
  • purchasing history, such as historical purchase records; order numbers; identification of products and quantities purchased.
  • information regarding your electronic device(s) and IP address
  • information regarding your use of our Subscription Service and other services.
  • internet use information
  • regulatory information (to satisfy regulatory obligations such as tax and other reporting obligations).

California Consumer Privacy Act Notice: Pursuant to the § 1798.110 of the California Consumer Privacy Act (“CCPA”), the categories of personal information that we have collected about individual consumers in the preceding twelve months are:

  • Identifiers (such as name, email address, address, telephone number, social security number, IP address, etc.)
  • Commercial information
  • Internet activity
  • Geolocation data
  • Electronic information
  • Employment information
  • Education information
  • Inferences about personal preferences and attributes drawn from profiling (e.g., using cookies)

HOW WE COLLECT YOUR DATA:

General. We collect Personal Data when you or your employer or organization register an account with us, when you visit our general website or the web portal for the Subscription Service, when you use our services (including the Platform and other parts of the Subscription Service), participate in a feature of our website that requests or requires your Personal Data, and when you otherwise transact business with or communicate with Eclipse Tech.

Data received from Platform users. Our cloud-based content creation and data solutions platform (the “Platform”) is available to access on Eclipse Tech’s web portal as a subscription service (the “Subscription Service”). The Subscription Service includes virtual machines and all other related products and services offered by Eclipse Tech that are made available online at the web portal for access to the Subscription Service. Our customers have employees who are granted administration rights to create user accounts for other employees and designated persons. These customers act as data controllers (“Controllers”) in the use of the Platform and the collection and processing of Personal Data to be able to effectively operate the Platform. In such cases, our role in processing the Personal Data provided by our customers is as a “Processor,” since we are processing data on behalf of the Controller (who is the customer). As a Processor, we are obligated to process this Personal Data as part of our license agreement entered with the customer. The Personal Data collected in this scenario generally includes the name, physical address and phone number of each assigned user, but may also include information related to employment, such as job title and role. Processing of this Personal Data is performed on behalf of the customer and for the purpose of providing the services requested by the customer.

Data obtained for marketing purposes for potential customers or others. We obtain marketing data from third parties that we use to reach out to inform potential customers and others of the services offered by our organization. The Personal Data collected generally includes the email address of a potential customer or other and may also include their name and phone number. We also use the contact information provided to us by our customers to communicate information about our products and services, which may include marketing our products and services.

Cookies and Other Tracking Technologies: Eclipse Tech uses tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s).

Cookies are small text files placed on a user’s computer with the user’s browser to collect standard internet log information and to enable our website to track a user’s activities on the website. We use cookies to: (1) keep you signed in on our website; (2) enable website features for you; (3) help us understand how you use our website and what products or services may be most relevant to you; (4) provide analytics to improve website performance and effectiveness; (5) store user preferences; and (6) facilitate relevant targeted advertising on advertising platforms or networks. Cookies may also be set within emails in order to track how often our emails are opened. We may share this information with our affiliates and service providers.

You can change your web browser settings at any time to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you do not accept cookies, however, our website may not function properly for you, and you may not be able to use some sections or functions of our websites.

To learn more about cookies and how to manage and delete them, visit http://www.allaboutcookies.org.

Information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, and information you search for on our sites. We can also track the path of page visits on a website and monitor aggregate usage and web traffic routing on our sites.

Information from Third Party Platforms.  If you access our website or communicate with us using your account or account credentials from a third-party owned or operated platform/service (e.g., Amazon, Apple, AWS, Facebook, Google, Shopify, Twitter, etc.), post content from our website to a social network, or use various social media features (e.g., “Like” button), we may process certain information from the third parties, such as your username, “likes”, location, birthday, comments and reviews, preferences, network reach and influence, and any other information you provided to the third parties in connection with your account. Depending on your account and privacy settings, we may also be able to see information that you post when using these third parties whether or not you are an active customer. We may also collect Personal Data about you from our third-party service providers who provide us with e-commerce and/or technical services related to the website. The information you post or provide to third parties, as well as the controls surrounding these disclosures are governed by the policies of these third parties.

Special categories of data not collected. We do not actively collect or otherwise process Personal Data from minors and include in our Subscription Service agreements a condition that the customer will not provide any Personal Data of minors to us. The age of a minor varies by jurisdiction. For the purposes of Personal Data collected from the European Union, the age of a minor is under age sixteen (16). For purposes of the Children’s Online Privacy Protection Act (COPPA) in the U.S., the age of a minor is under age thirteen (13).

We also do not actively collect or otherwise process special categories of Personal Data, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, or genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

We do not actively collect or otherwise process Personal Data relating to criminal convictions and offences.

HOW WE USE YOUR DATA:

We may use and process Personal Data for any purpose that is permitted under applicable data protection laws in accordance with this Privacy Policy. “Processing” of Personal Data includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Data. We may process your Personal Data with or without automatic means.

These purposes include:

  • Purposes related to our Subscription Service and business. These purposes include licensing and operation of the Subscription Service and Platform, remote management, education and information services, training, webinars, communication, Subscriber service, system monitoring and data security. In addition, we process Personal Data for our business purposes, including processing sales leads, invoicing, tradeshows, quotes, submitted forms, trials, consultations, demonstrations, response to inquiries, seminars, web analytics, other marketing, security monitoring, business operations and administration, tax, and other regulatory requirements. We use Personal Data to enable use of Subscription Service features and the Platform and related Services, including through use of third-party service providers. We may also use Personal Data for internal purposes, including auditing, data analysis system troubleshooting, and research.
  • Marketing. Eclipse Tech sends users marketing communications to inform them of new products, services, promotions, or other special events or offers that might be of interest to them, which may include information about products and services of companies that we partner with (“Special Offers”). When you register for one of our products or services, you consent to receiving communications about Special Offers. In connection with Special Offers, we may ask for contact information or other Personal Data. If you would like to stop receiving information about Special Offers from Eclipse Tech, please see the “YOUR RIGHTS RELATING TO YOUR DATA” section of this Privacy Policy below
  • For the Protection of Eclipse Tech and Others. If Eclipse Tech, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Eclipse Tech and others.
  • Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Eclipse Tech believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Eclipse Tech’s rights and property or prevent fraud; (3) protect Eclipse Tech against abuse, misuse or unauthorized use of Eclipse Tech’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then Eclipse Tech may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address. 
  • Aggregated and de-identified data. We may anonymize data to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with other’s data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by Eclipse Tech to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.

Legal basis. We base our processing of Personal Data on the need to perform our contractual obligations under our license agreements and our legitimate activities as a provider of technology and related services. We also process Personal Data to comply with applicable law and to exercise our legal rights. We may also use your Personal Data for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

HOW WE SHARE OR DISCLOSE YOUR DATA:

No sale of Personal Data. We do not sell or rent Personal Data to third parties.

Disclosures of Personal Data. We may disclose or share your Personal Data with other parties in the following circumstances:

  • Third-party service providers. We use third-party service providers (or subprocessors) to process Personal Data to facilitate your use of our products and services and in the operation of our business. This includes providing Personal Data to third parties for their processing in performing functions on our behalf, particularly the functions listed above in the “HOW WE USE YOUR DATA” section. These functions include processing payments, collecting debts, hosting the Platform, performing security services, analyzing data, performing surveys, administering our website(s), and/or providing technical support services. These third-party providers will be contractually and/or legally required to protect Personal Data from additional processing (including for marketing purposes) and transfer in accordance with applicable laws. Under certain data protection laws, including the GDPR, if applicable, we may be liable if a third party subprocessor that we have engaged to process Personal Data fails to fulfill its data protection obligations.
  • Compliance with law and protecting our legal rights. We may disclose your Personal Data to regulatory bodies if we have a good-faith belief that doing so is required under applicable laws or regulations. This may include submitting Personal Data required by tax or other governmental authorities, or lawfully requested by governmental agencies, including law enforcement and judicial authorities. We may also disclose your Personal Data in order to exercise or defend our legal rights; to take precautions against liability; to protect the rights, property, or safety of Eclipse Tech or any individual or third party; to maintain and protect the security and integrity of our information system; to protect Eclipse Tech against fraudulent, abusive, or unlawful acts; or to investigate and defend Eclipse Tech against third-party claims or allegations.
  • Corporate Transactions. If a third party acquires all or substantially all of the assets of, or ownership interests in, Eclipse Tech whether by merger, acquisition, reorganization or otherwise, Eclipse Tech may transfer its database, including all Personal Data contained therein, to the acquiring entity.
  • Aggregated and de-identified data. We reserve the right to disclose aggregated user statistics as well as non-personally identifiable information (such as anonymous usage data), in order to describe our services to prospective partners, licensees, advertisers, and other third parties.

STORAGE OF PERSONAL DATA:

We may store Personal Data that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers, in the systems of third party service providers, and in cloud storage solutions.

  • The Personal Data that we collect in order to set up, maintain and service a user’s account and subscription is stored on Eclipse Tech servers that are hosted with a third party service in the U.S.
  • Any data and content that users upload to their virtual machines (provided as part of the Subscription Service), including Personal Data, is not controlled by Eclipse Tech. The user controls where this type of data resides by selecting one of the geographical regions listed in the Eclipse Tech portal when the user creates a virtual machine.

If Eclipse Tech transfers Personal Data from one country to another, we will ensure that the information is transferred in accordance with this Privacy Policy, and as permitted by applicable data protection laws.

Eclipse Tech stores all information in state-of-the-art physical storage facilities and cloud storage. In doing so, Eclipse Tech uses appropriate physical, organizational and technological measures to protect the Personal Data you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties (such as AWS) are used to host our products, we use third parties who meet required privacy and security standards.

However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Eclipse Tech will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.

To offer our website, products and services to you, Eclipse Tech relies on plugins and services from third parties such as internet service providers, email service providers and plugins, calendar plugins, Customer Relationship Management (CRM) systems, credit card processors, and third party data storage. To the extent these providers have access to your Personal Data, we will require that they are legally or contractually committed to comply with applicable privacy laws, In the case of credit card processors, we require that they be PCI DSS-compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through our website, you assume the risk inherent in transacting business online.

If we receive any Personal Data that is transferred from the EEA (“European Economic Area”), we will implement standard data protection clauses with our third-party service providers to ensure adequate protection of such data as required by the GDPR.

PERSONAL DATA SECURITY:

Eclipse Tech uses technical and organizational measures to protect the Personal Data that we store, transmit, or otherwise process, against accidental or unlawful destruction or disclosure, loss, alteration, or unauthorized access. Our security controls and risk management program and processes are designed to implement appropriate technological and organizational measures to ensure a level of security appropriate to the risks. We regularly consider appropriate new security technology and methods. Security measures implemented include:

  1. Web and database servers are protected using firewalls;
  2. Passwords used for account registration require minimum password strength attributes;
  3. User access is tracked;
  4. Role-based security is applied to system access;
  5. Data encryption is used where appropriate;
  6. Industry-standard security measures are used to protect the security of Subscriber data while traversing public networks;
  7. Regular maintenance is performed on systems;
  8. Systems are monitored for security;
  9. Payment card information, such as account numbers, is processed via a third-party vendor that specializes in payment processing and has committed to PCI DSS compliance; and
  10. All Eclipse Tech employees are contractually obligated to maintain the confidentiality of Personal Data accessible through their employment.

RETENTION OF PERSONAL DATA:

Eclipse Tech processes Personal Data for a reasonable period of time to fulfill the processing purposes mentioned above. Personal Data is then archived for time periods as required or necessitated by law or legal considerations. Eclipse Tech reserves the right to delete a customer’s data, including Personal Data provided by that customer, from its system after 30 days from the date of termination of its agreement with the applicable customer. Eclipse Tech also deletes Personal Data in response to an individual’s request, as set forth in the “YOUR RIGHTS RELATING TO YOUR DATA” section below.

Eclipse Tech reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Data collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Data is only stored and archived in alignment with our retention policy.

YOUR RIGHTS RELATING TO YOUR DATA:

If you wish to opt out from any of the uses of Personal Data that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in the “ECLIPSE TECH’S CONTACT INFORMATION” section below. Please note that your subsequent disclosure of Personal Data to us nullifies any prior opt-out request.

Eclipse Tech does not discriminate against those who opt-out. However, opting out may prevent us from conveniently and efficiently providing further, product support services and information to you.

Unsubscribing to marketing communications: In particular, if we are sending you email communications of a marketing nature, an ‘unsubscribe’ option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “ECLIPSE TECH’S CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.

GDPR privacy rights. This section applies only to residents of the European Economic Area. Under the EU’s General Data Protection Regulation (GDPR), individuals residing in the EEA have certain data subject rights regarding their Personal Data. These rights may include:

  • Right to be informed:  You may request information from us about the ways in which your Personal Data is being processed or used by us, and the reasons for such processing.
  • Right of access: You have the right to know if we are processing your Personal Data and, if so, you have the right to view and obtain a copy of your Personal Data that we’ve collected about you.
  • Right to rectification: If you inform us that there are any errors in your Personal Data that we have collected and are processing, we will correct those errors upon your request.
  • Right to deletion of Personal Data (right of erasure/right to be forgotten): You have the right to tell us to delete your Personal Data, subject to certain exceptions and limitations under law.
  • Right to restrict processing: Subject to certain limitations under law, you also have the right to restrict or block us from processing your Personal Data.
  • Right to data portability. You have the right to ask us to transfer your data to another company or to you, under certain conditions.
  • Right to object to processing: You have the right to object to the processing of your Personal Data, under certain conditions.
  • Right not to be subject to a decision based solely on automated processing: You have the right to demand that certain decisions regarding your Personal Data (such as profiling) be made by humans rather than by algorithms or automated processes. 

If you wish to exercise any of these rights, please send your request to the contact person set forth in the “ECLIPSE TECH’S CONTACT INFORMATION” section below.

Your California privacy rights. This section applies to California residents only.

  • Shine the Light law. Eclipse Tech does not share any personal information with third parties for their direct marketing purposes.
  • California Consumer Privacy Act (CCPA). Pursuant to the CCPA (Section 1798.100 et seq. of the California Civil Code), residents of California have the following rights:
  • Right of access to your personal information, up to twice a year at no charge, including:
    • The categories of personal information Eclipse Tech collects about the consumer,
    • The categories of sources of the consumer’s personal information,
    • The business or commercial purpose for collecting or selling the consumer’s personal information,
    • The categories of any third parties with whom the business shares the consumer’s personal information, and
    • The specific pieces of personal information collected about the consumer.
  • Right to request deletion of data, subject to certain exceptions, such as where the information is needed to provide services to the consumer, or for security or legal reasons.
  • Right to not be discriminated against for exercising your rights under the CCPA, such as denial of services or higher pricing.
  • Right to opt out of having your personal information sold.

You can exercise your rights under the CCPA by calling our toll-free number set forth in the contact information below.

Your Canadian privacy rights. This section applies to Canada residents only.

Your Personal Data may be transferred outside of Canada for processing and storage. Eclipse Tech and its service providers may store Personal Data on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Data may be accessed by law enforcement authorities or the courts in such jurisdictions.

If you wish to obtain information or have any questions about our Privacy Policy and practices relating to handling of your Personal Data outside of Canada, find out if we have your Personal Data and how we have used it, access your Personal Data that is in our possession, request that your Personal Data be corrected or removed from our database, obtain a list of any other organizations to which your Personal Data has been disclosed, you may contact our privacy officer at the contact information set forth below. We will respond to your request relating to your Personal Data within 30 days. We may be unable to remove information to the extent that it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Data may prevent or hinder us from providing further services and information to you.

Eclipse Tech may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Data. The information provided shall only be used for this purpose.

PRIVACY POLICIES OF OTHER WEBSITES:

Our website contains links to other websites. This Privacy Policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

ECLIPSE TECH’S CONTACT INFORMATION:

If you have any questions about this privacy policy or your Personal Data that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your Personal Data, please contact us:

Organization:    Eclipse Tech, L.L.C.
Contact:              Larry Cox, COO
Address:              360 Rosewood Lane, North Salt Lake City, Utah 84054
E-mail:                 larry@eclipsetech.co
Phone:                (833) 701-9958 (toll-free)

If you wish to report a complaint or if you feel that Eclipse Tech has not addressed your concerns in a satisfactory manner, you may also contact your state or local data protection authority.

Last updated: February 11, 2020