Privacy Policy

Effective Date: January 1, 2020

This Energage, LLC (“Energage,” “we” or “us”) privacy policy set forth below (“Policy”) governs information collected from visitors to www.topworkplaces.com, and Energage.com (“Websites”), including data collected within the applications available on our Websites and other services offered by Energage (“Services”) including Survey and Coach. This Policy describes how we collect, use, and share information provided to us by users of the Services.

Introduction

Our privacy statement as set forth below is written so that you can understand exactly what we do and don’t do with your information. We value your comments about our privacy statement and invite you to e-mail us at info@energage.com with suggestions and concerns.

Overview

Energage is committed to safeguarding your privacy online. Energage will use the personal information it collects to communicate with you and to carry out Services for our customers. “Personal information” includes information that may be used to identify you, directly or indirectly, or your business concern. Energage uses personal information to communicate with you about the services we offer and also may share it, with our third-party vendors as described below in this Policy. If you interact with the Websites or Services, Energage may collect other information about your company, employees and workplace such as employee email addresses, company locations, company descriptions, demographic information and other information related to our offerings. The collection and use of this information will be spelled out in our service agreements.

Who is collecting information?

Energage collects personal information while you are on our Websites or using our Services. We may use third-party products and services, including tools from Google, FullStory and other third party vendors, to help us understand how visitors to our Websites and applications use those sites. We also may collect data from media partners and visitors to TopWorkplaces.com for use in future marketing and advertising campaigns.

What information is collected?

We will collect any information that you provide to us. For example, certain areas and features of our Services may require you to complete a form or a registration (e.g., signing up to use our survey configuration tool, complete a survey or using our Coach products).

• Registration: To register, a designated representative of our business entity customers (“Customers”) must provide us with their first name, last name, company name, email address, phone number, and select a password. We also may collect additional optional information, such as company profile information, employee counts and other information related to our offerings from Customers, however, you are not required to provide us with this information.
• Customers: In addition, if you make a purchase, we will also request that you provide your credit or debit card information and your billing address for credit card purchases or the appropriate billing information for invoicing.
• Use of Services: You may use some Services without registration. In these instances, you may be asked to provide demographic information (e.g., department of employment, status as a full or part time employee, etc.) and comments which may indirectly identify you.
• Survey Participants: If you participate in a survey, you may be asked to provide certain personal information relating to your employment with a Customer and for certain demographic information. We will only collect information that you provide to us in those Services.

We may use the information we collect about you in aggregated form or associate it with other information that we collect about you. We may de-identify information we collect and aggregate it with other de-identified data. We may use de-identified data for any lawful purpose.

Where do we collect information from you?

We collect information from you when you sign up to receive information about Energage’s Services, when you register to use one of Energage’s products, when you participate in using one of our Services and in order to establish your account. In some cases, you will be given the opportunity to provide additional contact information once your account is established. Also, if you contact Energage either via e-mail, telephone or letter, we may keep a record of the correspondence.

We and our third-party vendors also collect information from you through the use of cookies. A “cookie” is a small file containing a string of characters that is sent to your computer when you visit a website.

Upon visiting our Websites a cookie is sent to your computer that uniquely identifies your browser. We use cookies to improve the quality of our Websites and Services, to better understand how people interact with us and our business associates. We do this by storing user preferences in cookies and by tracking user trends and activity of how people search and purchase online. Most browsers are initially set up to accept cookies. You can reset your browser to refuse cookies or to notify you when a cookie is being sent. If you reject a cookie from us, you may still use our site with the understanding that we cannot guarantee that all features or services will function properly. You also may block cookies to limit the information collected by our third-party vendors. To view our full cookie policy, please visit this page.

How is this information used?

We use the information, including personal information, that we gather about you for the purposes described below.

If you are a Customer, we use information:

• To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer customization and personalized help and instructions, and to otherwise personalize your experiences while using our Services and interacting with our team.
• To contact you, including for marketing purposes. For example, we may use your information, such as your email address, to send you newsletters, or to otherwise contact you about products or information we think may interest you.
• To better understand how individuals access and use our Services, including to learn about their engagement levels and navigation paths, as well as user retention and drop-offs in our tools, and for other research and analytical purposes.
• To better understand how individuals use our Websites and tools, to learn how we might improve your experience, and to display ads relevant to you on sites across the Internet.

If you are an End Users, we use this information as follows:

• Survey Completion: To complete surveys.
• Research, Data Analysis, Trending and Benchmarking: To provide aggregate insights to our Customers, to provide Customers with analysis and trending data relating to their peer firms and industries, to conduct research and to for benchmarking purposes.
• Coach Application Usage: To store and make available for retrieval, by managers and employees, information submitted within the applications.
• To Otherwise Provide the Services: To facilitate participation in other Energage Services.

We do not use personal information of End Users to contact End Users for marketing purposes.

We may also use information we collect from Customer and End Users:

• To analyze and improve our business.
• To protect our business, personnel and property and enforce our legal rights and terms of use.
• To manage legal issues.

With whom is this information shared?

We may share the information that we collect about you, including personal data, as follows:

• Service Providers. We may disclose your information to third-party vendors, service providers, contractors, or agents who perform actions or functions on our behalf. Examples of this include Google Analytics, FullStory, Microsoft Azure, and other tools necessary to carry out our business operations.
• Customers. If you are an End User, we may disclose your information in aggregate form to Customers for the purpose of providing such Customers with the Services to which your use relates (e.g., aggregate survey results and trending analysis).
• Business Transfers. We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
• In Response to Legal Process. We may disclose your information in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena. In certain situations, Energage may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• To Protect Us and Others. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about you with third parties for marketing, advertising, research, or any other lawful purposes.

Additional Information for EU Visitors

Where we process personal data about our Customers, we are considered to be a “controller” as such term is defined under Regulation (EU) 2016/679 (“GDPR”). Where we process personal data about End Users, we do so as a “processor” on behalf of our Customers, and our Customer serves as the “controller” as such terms are defined under the GDPR. For purposes of this Privacy Policy, “personal information” also includes “personal data” as such term is defined in the GDPR.

We process personal data:

• To Fulfill Our Contractual Commitments. Some of our processing of personal data is to meet our contractual obligations to Customers, or to take steps at Customers’ request in anticipation of entering into a contract with them.
• To Further our Legitimate Interests. In most cases, we handle personal data on the ground that it furthers our legitimate interests in conducting commercial activities related to our business; provided that such interests are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
• With Consent. Where required by law, and in some other cases, we handle personal data on the basis of consent.
• For Legal Compliance Purposes. In the event of a legal matter, when necessary we will disclose personal data in certain ways to comply with our legal obligations.

For more information on the purposes for which we process personal data, see the section of this Privacy Policy above entitled, “How is this information used?”

If you are a Customer, we allow you to update or correct the personal information we have collected about you at any time by. You may be entitled under applicable law to request that Energage delete the personal data that we have stored about you or to receive a copy of your personal data from us. To update or correct your personal data, to make a request for deletion or a copy of your personal data, or to make any other request relating to the your rights as a data subject under the GDPR, simply e-mail us at the following address: info@energage.com. Please include EU Data Privacy Request in the subject line of your email. You may only change your e-mail address by e-mailing us from the new location and verifying the change.

We have appointed representatives in the EU for the purposes of Article 27 of the General Data Protection Regulation. You may contact our EU representative, as well as us directly, with any query that you may have in relation to your personal data. The contact details of our EU representative are as follows:

EU Business Partners
10 Ashe Street
Clonakilty
Co. Cork
P85 E403
Ireland

Email: info@eubusinesspartners.com

We provide our Websites and Services from servers located in the United States. If you are accessing the Websites or Services from the European Union, we will transfer your personal information to the United States through the use of appropriate safeguards.

Children

We believe that it is especially important to protect minor’s privacy online and encourages parents and guardians to spend time online with their children to participate and monitor their Internet activity. Energage does not knowingly collect information from anyone under the age of 16. No part of the Websites or Services are designed to attract anyone under the age of 16.

Referral program

We may offer a referral program in the future. If a user or subscriber elects to use our referral service for informing a friend about our site, we ask them for the friend’s name, email address, phone, role and zip code. We will contact the friend via email or phone, inviting them to visit the site. We store this information for the purpose of communicating our products and services. The referred individual may contact us at info@energage.com or (484) 323-6300 to request the removal of this information from our database.

Security

We use reasonable precautions to protect our users’ information. When users submit sensitive information via the Websites, we use reasonable safeguards designed to protect the information both online and offline. We have policies and procedures designed to ensure that only employees and consultants who need the information to perform a specific job are granted access to personally identifiable information.

Customers or End Users who have established accounts with Energage for use of any of our products should not share their password or access code with others or place that information where others may gain access. You are responsible for making sure that this information is kept confidential.

PLEASE NOTE: Internet data transmission is not always 100% secure and we cannot warrant that information you transmit utilizing our Websites or Services is always 100% secure. Because security is important to Energage and our users, Energage pledges to take reasonable measures designed to safeguard our Websites and Services.

Notification of changes

We may update this Policy from time to time. If we decide to change this Policy, we will post those changes on this Website so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Your California privacy rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. To request such details please send an email to info@energage.com, please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and email address.

Do Not Track

The Site does not support Do Not Track with respect to the Services at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us.

Customer satisfaction

Energage is committed to quality customer service and satisfaction. We are constantly reviewing our programs, traffic patterns and customer feedback to improve and enhance your experience with Energage. You can give us your comments by e-mailing us at info@energage.com.

Acceptance of these terms

This Policy is incorporated into Energage’s Terms of Use [for our Websites and Services] and constitutes a legal agreement between you and Energage. If you do not agree to the terms of this Policy, please do not provide us with any information and do not use the Websites or Services. Your continued use of Energage’s Websites or Services in light of changes to this statement will signify your acceptance of the changes. Please review the terms of our Terms of Use, and if you do not agree to them, do not use our website, as you do not have our permission to do so.

Questions regarding Privacy Policy

Questions regarding this Policy can be directed to our Rapid Response Team at (484) 323-6300.