Client Customer and Employee Opt-In
How to opt-in (subscribe) to receive automated text surveys and review requests from EyeRate:
Once a prompt is received via EyeRate's automated text to Client's Customers ("Consumers") or Client's Employees ("Employees") mobile device, Consumers and Employees can confirm agreement to the Services by replying and participating in the survey or review following this initial opt-in compliance message.
By opting into the Services, Consumers and Employees acknowledge these Terms of Service. Specifically, you agree to receive recurring text messages (SMS/MMS) from EyeRate Inc. and any electronic means or program. Opting in is not required (directly or indirectly) as a condition of purchasing any property, goods, or services from Client.
This is a recurring message program and message and data rates may apply.
How to opt-out (unsubscribe) of Services:
- Subscribers to Services can opt out at any time by texting STOP to any number from which our Services send messages in response to any previously received text message. A final message confirmation may be sent upon successful opt out.
By texting any of the above words to opt out, subscribers will be opted out of receiving future communications associated with EyeRate Inc.
Please read this Policy carefully before you provide us with your Personal Information or agree that another party may provide us with your Personal Information. By providing us with your Personal Information and/or using the Website, you agree to the collection, use, disclosure, storage and other processing of your Personal Information in accordance with this Policy and as otherwise permitted or required by applicable law.
We understand that your time is valuable. Therefore, we have set out below some important highlights of the Policy. You can obtain more information about how we collect, use, disclose, store and otherwise process your Personal Information by reviewing our full Policy and clicking on the links provided below.
In this Policy, the following terms have these meanings:
What Personal Information Do We Collect and How?
The type(s) of Personal Information that we collect from or about you, and the manner in which we collect or access such Personal Information, depend on the nature of your relationship with us.
We may collect the following information from or about Account Holders:
We collect this information directly from you when you register for an account, via API integrations with our customers’ point of sale and scheduling systems, and at training sessions that we host.
We may collect the following information from or about Contacts:
We collect this information directly from you, including in the text of your email to us or through the use of telephone call recording. If you object to the recording of our telephone calls, you may contact us using an alternative method, such as by email.
We may collect or have access to the following information from or about Consumers:
This information may be transferred to us by our customers or may be made accessible to us by point of sale providers who have been engaged by our customers.
We may also collect this information directly from you when you submit a rating or review, or otherwise communicate with us.
We collect Demo Requesters’ full name, email address, company name, role/title, phone number and the point of sale or scheduling system used by you or your company.
We collect this information directly from you when you request a live demo of our products, including through the Book A Live Demo feature on the Website, online advertisements, email, our blogs, ebooks, by scanning a QR code, or by otherwise communicating with us.
We may collect the following information from or about Employees:
We may collect this information from your employer (our customer), directly from you, when you attend a training session that we host, or from Consumers who provide us with ratings, reviews or other feedback that mention you.
We may collect the following information from or about Event Attendees:
We collect this information directly from you
We may collect the following information from or about Registrants:
We collect this information directly from Registrants when they register to receive our communications or scan our QR codes.
We may collect the following information from or about Website Visitors:
We may also collect Personal Information from Website Visitors when they scan a QR code and either access the Website or fill out an online form. Our online forms may collect contact information, such as full name, company name, role/title, email address and phone number.
If you use the chat feature on the Website, we may also collect any Personal Information that you input into the chat box. Our service provider, Hubspot, collects this information directly from chat box users.
How Do We Use Personal Information?
The purpose(s) for which we use your information also depend on the nature of your relationship with us.
We may use Account Holders’ information for one or more of the following purposes:
We may use Contacts’ information for one or more of the following purposes:
We may use Consumers’ information for one or more of the following purposes:
We may use Demo Requesters’ information to schedule a live demo of our products, to communicate with Demo Requesters’ with respect to their request and to send marketing materials.
We may use Employees’ information for one or more of the following purposes:
We may use Event Attendees’ information to schedule a live demo of our products, to communicate with Event Attendees with respect to their request, and, where you consent, to send marketing materials.
We may use Registrants’ information to send you our newsletter, blog, ebook and/or any other marketing communications which you have agreed to receive.
We may use Website Visitors’ information for one or more of the following purposes:
If you use the chat feature on the Website, we may also use your information to consider, investigate and respond to your inquiry, to maintain your chat history for your future visits to the Website, to schedule a live demo of our product/service, to conduct data analytics, and for marketing outreach.
Other Legal Uses
In addition to those purposes listed above, we may use any Personal Information that we have access to, collect, store or otherwise process to comply with applicable law or a lawful request/order, to prevent or detect fraud, to investigate a contravention of law or contract, in the case of an emergency that threatens the life, health or security of an individual, or as otherwise permitted or required by applicable law.
The Website may automatically collect certain information about Website Visitors whenever they interact with the Website.
The Website also uses Google Analytics to collect information about Website Visitors and how they interact with the Website, including your location when you connect to the Website, the type of device you use to connect to the Website, time of access to the Website, duration of access to the Website, how many times you visit the Website over a given period of time, and other similar information. We use this information on an aggregated basis for the purposes of assessing performance of the Website and Website Visitors’ use of the Website, for example to identify areas of the Website that are used more or less by Website Visitors, to tabulate daily/monthly Website Visitor count, to assess the geographic dispersion of Website Visitors, to calculate the average time Website Visitors spend on the Website per visit, and to assess device distribution of Website Visitors. To opt-out of Google Analytics, you may do so within your browser settings or contact our Chief Operating Officer by email at email@example.com for more assistance.
When Do We Share or Disclose Personal Information?
To the extent permitted by applicable law, the Personal Information that we collect, store, have access to or otherwise process may be shared by us with the following parties:
Your Personal Information may be accessed by or disclosed to directors, officers, employees, board members, consultants and agents of the Company who have a need to know such information in order to perform their duties, responsibilities or services. Such personnel may include our Executive or management team members, Business Development Representatives, Account Executives, members of our Marketing Team, Customer Success Associates, Account Managers, Support Specialists, Software Developers/Engineers, Board Members and consultants, depending upon the information they each require in order to perform their job duties, responsibilities or services.
If we collect Personal Information from or about a Consumer, we may share that information with the customer whose business the Consumer has frequented, rated or reviewed. For example, when you submit a rating or review, we may forward that rating or review (and any Personal Information contained therein) to our customer whose service, product or Employee you have rated or reviewed.
If we collect or have access to Personal Information from or about an Employee, we may share that Personal Information with our customer who employs that Employee. For example, if a Consumer references an Employee in their rating or review, we may advise the Employee’s employer (our customer) and provide our customer with the contents of the rating or review. We may also share with our customers any Personal Information that their Employees input into our team productivity tool (including their Employees’ responses to job satisfaction surveys or input into our chat feature), and any ratings or reviews Employees post about our customers on recruiting sites and networks.
Our customers’ and their service providers’ collection, use, disclosure, storage and other processing of Personal Information (including of Consumers and Employees) is governed by the terms of their own privacy policies. Customers may choose to share the contents of ratings or reviews internally, including (without limitation) with an Employee referenced in the rating or review. Customers may choose to embed or publish the content of Consumers’ ratings or reviews to customers’ own websites and/or social media platforms. Customers may also contact Consumers or Employees for more information about their experience and/or to address any feedback included in their rating, review or team productivity tool. The Company does not endorse and is not responsible for any such actions or decisions taken by its customers, and is not responsible for its customers’ (or their service providers’ or personnel’s) processing of Personal Information.
There are certain services supplied to us by third parties. Currently, the service providers engaged by the Company who may have access to or handle the Personal Information that we process are:
Our service providers are given the information they need to perform their designated functions and are not generally authorized to use or disclose Personal Information for other purposes.
Please note that we may change or add third party service providers at any time, in our sole discretion, either in Canada, the United States or elsewhere. We encourage you to review the Policy from time-to-time to obtain updated information about our service providers.
Open Source Software
The Company's product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of the Company's Service. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this Company's Service limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged in connection with the Company's Service, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on by request.
Sale of Business
We may transfer or disclose your Personal Information to third parties in connection with financing that we seek or in connection with a prospective or completed business transaction, including a merger, sale or transfer involving all or part of the Company, or as part of a corporate reorganization or other change in legal form or corporate control of the Company.
Legal & Compliance
There are circumstances where we may disclose or otherwise process Personal Information without notice or consent, when required by law or lawful authority. For example, from time to time, we may be compelled by legal action to release information in connection with statutory reporting obligations, search warrants, court orders, litigation or bankruptcy or insolvency proceedings.
In certain circumstances, we may also be permitted by law to disclose or otherwise process Personal Information without the consent of the individual concerned. For example, we may disclose Personal Information without consent to investigate a potential breach of law or contract, to collect on a debt, or in certain emergency situations that threaten the life, health or security of an individual.
Third Party Review Sites
We may provide Consumers and Employees with links to third party review sites where they may choose to post a review about a product, service and/or Employee of one of our customers or about their experience working for one of our customers. Posting a review on a review site is voluntary, and a Consumer or Employee may choose not to do so.
International Transfers of Personal Information
We may transfer or store your Personal Information outside of the region where you are located, including to or in Canada and the United States.
Personal Information transferred or stored outside of the region where it is collected will be subject to the laws of the jurisdiction(s) where it is transferred or stored, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored. In some of these jurisdictions, the purchase or use of our customers’ products (for example, cannabis) may be illegal, and such jurisdictions may deny entry to individuals who have lawfully purchased such products elsewhere.
You may Contact Us to obtain written information about our policies and practices with respect to service providers outside of Canada or the United States, or to ask questions about the collection, use, disclosure or storage of Personal Information by such service providers outside of Canada or the United States.
How Do We Protect Personal Information?
The Company has implemented reasonable administrative, technical and physical measures in an effort to safeguard the Personal Information in our control against theft, loss and unauthorized access, use, modification and disclosure. We regularly review our practices to ensure that they are appropriate to the sensitivity of the Personal Information we process.
Examples of the measures we currently use to protect Personal Information include:
Despite our implementation of these measures, posting or transmission of information via the internet, including using the Website, by email or by other electronic means, is not completely secure. Although we take steps to protect your Personal Information, we cannot guarantee that Personal Information that is transmitted to us, particularly by electronic means, will be totally secure. It is possible that third parties may unlawfully intercept or access such information.
Storage & Retention of Personal Information
We (or our service providers) will store your Personal Information in Canada and the United States, as well as in the cloud.
We generally retain Personal Information for only as long as it is needed to accomplish the purpose(s) for which it was collected, or as needed for other authorized, legitimate or legal purposes. When Personal Information is no longer needed for these purposes, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous, in accordance with applicable law.
Your Choices and Rights
Consumers, Employees and Account Holders can opt out of receiving text messages from the Company at any time by replying Stop to one of our text messages.
You can also generally withdraw your consent to our continued use of your Personal Information, subject to certain permitted or required exceptions under applicable law. Please note that the Company may need to retain your Personal Information for certain permitted purposes, even after you withdraw your consent to our use of such Personal Information for the purposes for which it was collected.
Subject to certain permitted or required exceptions under applicable law, you also have the right to request access to and/or correction of your Personal Information.
When you make such a request, you may be required to provide us with proof of identity to help us avoid disclosing your Personal Information to someone other than yourself.
For more information about exercising these rights, please see Contact Us.
California Privacy Rights
This Policy describes how EyeRate collects, uses and shares Personal Information of Employees and Consumers, including California residents, in our capacity as a "business" under the California Consumer Privacy Act of 2018 ("CCPA"), and their rights under the CCPA. If you are a California Resident, you have the following rights:
You can exercise any of these rights by submitting a request to the contact information provided below in the Contact Us section.
Please contact our Chief Operating Officer if:
You may contact our Chief Operating Officer by email at firstname.lastname@example.org, by telephone at (213) 375-1916 or by mail at the following address:
Attn: Chief Operating Officer, PO Box 581296, Elk Grove, CA 95758 United States.
We may forward your communication to third parties, including our customers and service providers, for the purposes of assessing, processing, responding to and/or taking action with respect to your question, comment, request, withdrawal or complaint.
Changes To This Policy
This Policy was last updated in December, 2022.
We may revise and update this Policy from time to time. When we do, we will let you know by appropriate means, such as by posting the revised policy on this page with a new “last updated” date above. Any changes to this Policy will become effective when posted, unless indicated otherwise, and your subsequent provision of your Personal Information to us and/or use of our Website constitutes your agreement to the collection, use, disclosure and other handling of your Personal Information in accordance with the updated policy.