PRIVACY POLICY

Tenacious Holdings, Inc. d/b/a/ Ergodyne ("Ergodyne") is committed to the privacy of your information. This Privacy Policy is meant to help you understand the information we collect, why we collect it, and how you can manage it. This Policy applies to our website at www.ergodyne.com (the "Site") and any related products, services, and Products and Services, you are acknowledging that you have read, understood, and accept this Privacy Policy.

In this Privacy Policy, any use of the words "you," "yours," or similar expressions refers to users of this Site and our Services, as well as any other individuals whose information we collect and process. References to "we," "us," "our" or similar expressions refer to Ergodyne.

This Policy does not extend to anyone whose personal information is not under our control or management, including data that is collected by other websites that you may visit before or after this Site, and which are not governed by this Privacy Policy. We are not responsible for the data protection or privacy policies of any other websites, and accept no responsibility or liability for those policies. Please carefully check the policies of other websites and services you use before you visit or submit personal information.

1. INFORMATION WE COLLECT

1.1 Information We Collect and Receive. In order for you to use our Site and purchase our Products and Services, we need to collect and process certain types of information. Depending on your use of our Site and Services, this may include:

• Information you provide to us by completing forms on our website: For example, if you fill out our contact form on our website (available at https://www.ergodyne.com/contacts), we may collect other information you enter into that, or other forms on our website;
• Information you provide to us by contacting us: Any personal information you may provide to us when you email or call us, such as name, phone number, employer, and any other details you provide in your communications. Ergodyne may also request your contact information for the purposes of having someone contact you for additional information, or in response to your request for information from us;
• Transaction information when you purchase Products and Services from us: For example, if you make purchases with your credit card, we may use your credit card information for shipping, billing, and credit card validation purposes;
• Login information, such as username and password, that you may use in connection with our Services;
• Information about your activity through our Products and Services, including your device information, such as your IP address, the type of device or browser you use, and your actions on the Site.

We will only use personal information to provide you with information, products, or services you have requested, or for other purposes set out in this Policy. Personal information does not include aggregate information from which individual identities have been removed.

1.2 Information from Children. Ergodyne does not knowingly solicit or collect any personal information from anyone under 13 years of age, and children under 13 are not permitted to register for or use our Site or Services, including by subscribing to receive information from Ergodyne. Parents can contact our customer service department to access, change, or delete the personal information that has been submitted by a child. If we become aware that a child under the age of 13 has provided us with personal information, we will delete it.

1.3 Cookies and Tracers. We use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across the Site and different Services and devices. You can control cookies through your browser settings and other tools. Please refer to your browser instructions to learn more about these functions. Enabling cookies allows you to take full advantage of all the features on the Site and we recommend that you leave them turned on. If you elect to block the use of cookies and similar technologies that track your behavior on the sites of others for third party advertising. By accessing our site, you consent to Ergodyne’s use of cookies on your computer or mobile device.

You can choose to reject or block all or specific types of cookies for Ergodyne websites and/or the websites of any third party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our websites but some of the functions may not work correctly. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. By using our website without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device. You can also manage advertising cookies via http://optout.aboutads.info/.

2. HOW WE USE INFORMATION

Ergodyne may use the personal information we collect for the following purposes:

• To allow you log into and access your account;
• To deliver our products and services;
• To process any financial transactions you make on our Site.
• To keep your information secure, and to be able to verify your identity and contact information;
• To alert you about product updates, special offers, updated information and other news and services from Ergodyne;
• To ensure our website and services are relevant to you and your interests;
• To help us create and publish content most relevant to you; and
• To contact you in response to sign up forms or requests such as our Feedback or Contact Us forms.

3. HOW INFORMATION MAY BE SHARED

Ergodyne will never sell or rent any of your personal information, and we will never share your personal information publicly without your consent. We only share your information with certain trusted third-party services to help us provide, improve, promote, or protect our products and Services. For example, we may store the information described in Section 1.1 above with a third-party data storage service to support delivery of our Services and respond to customer service requests. We may also share your payment transaction data described in Section 1.1 with third-parties to process your payment transactions. Whenever we share data with third-party services, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information at least to the same standards we do.

We also reserve the right to disclose personal information when it is reasonably necessary to conduct our business, protect Ergodyne’s legal rights and property, legal transfers of business assets, and/or to comply with the law or law enforcement. Otherwise, your personal information is never shared with any individual or other organization.

4. PROTECTION OF YOUR PERSONAL INFORMATION

We take the security of your personal information seriously, and follow industry-standard practices to protect the data we collect and process. Ergodyne has therefore put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the personal information that Ergodyne collects. Access to personal information will be restricted to our authorized personnel who require the information in order to perform their duties properly. In addition, access will be limited to only that information that is strictly necessary for the performance of those duties.

Remember, the safety and security of your information also depends on you. Where you have chosen, or where we have given you a user name and password for access to certain parts of the Site or Services, you are responsible for keeping the user name and password confidential. No method of transmission over the internet or electronic storage is completely secure, so Ergodyne cannot guarantee its absolute security. Ergodyne makes no representations about the security of your personal information. By accessing the Site or purchasing our Products and Services, you assume all risk in and sole responsibility for using the site, including, without limitation, all risk of injury due to a data security breach.

5. DATA TRANSFERS

Because Ergodyne is a US-based company, your information may be collected and processed in the United States. Additionally, as part of the products and services offered to you through our Site, the information which we collect about you may be transferred to, and stored in, one or more countries other than where you currently reside. For example, this may occur if any of our servers or third-party service providers are located in a country other than yours. These countries may have different data protection laws that are similar to your current residence. However, if we transfer your information in this way, we will put in place appropriate protection to make sure your personal data remains adequately protected and is treated in line with this Privacy Policy.

6. BASIS FOR PROCESSING - EUROPEAN UNION RESIDENTS

Data protection law in Europe requires a "lawful basis" for collecting and retaining personal information from residents of the European Economic Area. Our lawful bases include:

• Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver our Products and Services, and assist with any questions you may have.
• Consent: we may ask your consent to process your personal information in some situations.
• Legal compliance: Sometimes the law says we need to collect and use your data.
• Legitimate interests: This is a term in data protection law that allows us to process your personal information if we have a fair reason to use your data, and only if we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in running our business, including for delivering our Products and Services, fraud prevention, quality assurance, and marketing purposes, as long as our use of your data does not materially impact your rights, freedom or interests. This allows us to improve and develop the quality of the online experience we offer all our users.

7. EMAIL NOTIFICATIONS

We try to keep email communications to a minimum, and give you the ability to opt in to any marketing communications we send. For example, we may send you email relating to the Products and Services we offer. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time. You can always opt out of receiving email information or mobile device notifications from Ergodyne (other than certain required communications informing you of the completion of a purchase, user registration, correction of user data, or change of password), by logging into the Site and adjusting your user preferences in your account profile, or by sending us an email at support@ergodyne.com stating your request. If we have sent you a promotional email or mobile device notification, you may send us a return email or mobile device communication asking to be omitted from future email or mobile device distributions. This opt out does not apply to information provided to Ergodyne as a result of a purchase of the Products and Services, product service experience, or other transactions.

8. RETENTION

We will hold your personal information on our systems for as long as is necessary to perform the relevant processing activity for that information, or as long as is set out in any relevant contract you hold with us. This is a case by case determination that depends on things like the nature of the data, why it is collected, why it is processed, and any relevant legal or operational retention needs. For example, we may retain your data for as long as you maintain an account on our Site so that we may process and deliver your orders. We may also be legally required to hold some types of information to fulfill our statutory obligations. We review our retention periods for personal information on a regular basis. When the relevant processing activity has been completed, we may destroy your data, or alternatively anonymize the data in such a way that you are not personally identifiable, either directly or indirectly.

9. PERSONAL INFORMATION REQUESTS – CALIFORNIA, EUROPEAN UNION AND UNITED KINGDOM RESIDENTS

Users or Site visitors residing in certain locations, including the European Union, United Kingdom and California (after January 1, 2020), may be afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights may include the ability to request disclosure of the information we have collected about you, as well as the right to review our data collection practices related to you, the ability to request deletion of your personal information, and the right not to be discriminated against due to your exercise of any of the preceding rights. While these rights are not globally applicable, all of our customers are entitled to request access to the personal information that we hold about them. Customers may also log into their accounts on the Site to view and manage personal information settings. To ensure that your personal information is accurate and complete, please contact us through the email address below regarding any errors or updates affecting the personal information that we may hold.

You may also send us an email at support@ergodyne.com or call us at 800-225-8238 to request access to, correct, or delete any personal information that we hold about you. You may also contact us via email or phone to request limitations on the use and disclosure of your personal information specified in this Privacy Policy. Residents of California may designate an authorized agent to exercise certain privacy rights on their behalf, and should make any such request by contacting the above email address. To protect your privacy and security, Ergodyne may take reasonable steps to verify your identity before granting access to, correcting, or deleting data. We will generally respond to your request for information within 30 days, unless a longer response time is necessary, in which case, you will be advised accordingly. Please note that we may retain certain information as required by law or as necessary for our legitimate business purposes.

10. EU-US DATA PRIVACY FRAMEWORK AND THE UK EXTENSION TO THE EU-U.S. DATA PRIVACY FRAMEWORK PRINCIPLES

Ergodyne complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Ergodyne has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF Principles with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF Principles. If there is any conflict between the terms in this privacy policy and the -U.S. DPF and the UK Extension to the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Ergodyne is responsible for the processing of personal data that it receives through the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF Principles that it subsequently transfers to a third party acting as an agent on its behalf. Ergodyne complies with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF Principles for all onward transfers of personal data from the EU and UK, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF Principles, Ergodyne is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Ergodyne may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Ergodyne commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to ICDR-AAAA (https://go.adr.org/dpf_irm.html) an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please https://go.adr.org/dpf_irm.html for more information or to file a complaint. The services of ICDR-AAAA are provided at no cost to you.

11. QUESTIONS, COMMENTS, OR COMPLAINTS

If you have questions or comments about this Privacy Policy, or if you are not completely satisfied with this Privacy Policy or its application by us, we invite you to convey your concerns or suggestions to us at support@ergodyne.com. If you have an applicable disability, you may also contact us at the above email address to request access to this Privacy Policy an alternative format. We will reply as quickly as possible and inform you of the steps, if any, that have been or will be taken in order to address your concern or implement the suggestion.

Ergodyne strives to satisfy our customers’ and visitors’ privacy concerns. However, if you have contacted Ergodyne at the above email address about your issue and are still unhappy with our response, and if you are also a resident of the European Economic Area, you may contact your local EU Data Protection Authority (DPA) regarding your issue. Ergodyne commits to cooperate with the panel established by the EU DPAs, and to comply with the advice given by the panel with regard to data transferred from the EU. More information is available here.

Finally, under certain conditions more fully described on the Data Privacy Framework Program website https://www.dataprivacyframework.gov/s/article/How-to-Submit-a-Complaint-Relating-to-a-Participating-Organization-s-Compliance-with-the-DPF-Principles-dpf, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

12. UPDATES AND CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of 05/28/2020. We may update this Policy from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Any updates to this Policy will not apply retroactively. If you keep using our Site or Services after a change, that means you accept this Policy.