Privacy Policy

Effective date: 09/12/2024

1. Introduction

Welcome to Encore Intelligence Inc.

Encore Intelligence Inc. ("us", "we", or "our") operates https://encore.ai (hereinafter referred to as "Service").

Our Privacy Policy governs your visit to https://encore.ai and explains how we collect, safeguard, and disclose information that results from your use of our Service.

Summary

Who will use my data? Encore Intelligence Inc. and our authorized service providers, who are contractually obligated to only use your data for providing our Service.
What for? To provide and improve our Service, communicate with you, and for marketing purposes (with your consent).
What will happen if I contact you? We'll use your contact information to respond to your inquiry and may store the communication for future reference.
What data will be stored? Personal data such as your name, email address, interview notes, AI analysis outputs, and usage data related to our Service.
What data will be shared? Only the minimum amount of data will be shared with our service providers to enable us to provide our Service, such as email addresses for email delivery and interview notes for generative AI.
How long? We retain your data for as long as necessary to provide our Service and comply with legal obligations.
Who can access my data? Authorized Encore Intelligence Inc. employees and our service providers. You can also request access to your data.
How is my data kept secure? We use industry-standard security measures, including encryption and secure data centers.

For more detailed information on these topics, please refer to the relevant sections in this Privacy Policy.

We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Our Terms and Conditions ("Terms") govern all use of our Service and together with the Privacy Policy constitute your agreement with us ("Agreement").

2. Definitions

SERVICE means the https://encore.ai website operated by Encore Intelligence Inc.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically, either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA CONTROLLER means a natural or legal person who determines the purposes and the manner in which any personal data are processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject who is the subject of Personal Data.

3. Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

4. Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

(a) Email address
(b) First name and last name
(c) Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any or all of these communications from us by following the unsubscribe link.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service, and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used, such as beacons, tags, and scripts, to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

(a) Session Cookies: We use Session Cookies to operate our Service.
(b) Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
(c) Security Cookies: We use Security Cookies for security purposes.
(d) Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

5. How We Collect Information

At Encore Intelligence Inc., we collect information through various methods to provide and improve our Service. We strive for transparency in our data collection practices. Here's a detailed breakdown of how we obtain information:

5.1 Directly Collected Information

We collect information directly from you when you:

Create an account or profile on our Service
Fill out forms or surveys on our website
Communicate with us via email, phone, or other channels
Use interactive features of our Service
Provide feedback or contact our customer support
Make purchases or transactions through our Service

This information may include your name, email address, phone number, billing information, and any other details you choose to provide.

5.2 Indirectly Collected Information

We also collect information indirectly through automated technologies or interactions:

Cookies and Similar Technologies: We use cookies, web beacons, and similar technologies to collect information about your browsing behavior, device information, and preferences. For more details, please refer to our Cookies section.
Usage Data: Our servers automatically log information about how you use our Service, including your IP address, browser type, operating system, referring/exit pages, clickstream data, and timestamps.
Device Information: We collect information about the device you use to access our Service, including hardware model, operating system and version, unique device identifiers, and mobile network information.
Location Data: With your consent, we may collect and process information about your actual location using various technologies to determine location, including IP address, GPS, and other sensors.

5.3 Information from Third Parties

We may receive information about you from third parties, including:

Business partners
Sub-contractors in technical, payment, and delivery services
Advertising networks
Analytics providers
Search information providers
Credit reference agencies

5.4 Special Category Data and Criminal Conviction Data

Encore Intelligence Inc. does not intentionally collect or process any special category data (also known as sensitive personal data) or criminal conviction data. This includes:

Race or ethnic origin
Political opinions
Religious or philosophical beliefs
Trade union membership
Genetic data
Biometric data
Health data
Data concerning a person's sex life or sexual orientation
Criminal convictions and offenses

If we become aware that we have inadvertently collected such data, we will promptly delete it unless we have a legal obligation to keep it.

We ask that you do not provide any special category data or criminal conviction data to us. If you believe we have collected such data from you unintentionally, please contact us immediately at [email protected].

6. Use of Data

Encore Intelligence Inc. uses the collected data for various purposes:

(a) To provide and maintain our Service
(b) To notify you about changes to our Service
(c) To allow you to participate in interactive features of our Service when you choose to do so
(d) To provide customer support
(e) To gather analysis or valuable information so that we can improve our Service
(f) To monitor the usage of our Service
(g) To detect, prevent, and address technical issues
(h) To fulfill any other purpose for which you provide it
(i) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
(j) To provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.
(k) To provide you with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
(l) In any other way we may describe when you provide the information
(m) For any other purpose with your consent

7. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

8. Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Encore Intelligence, Inc. is providing for appropriate safeguards by entering binding, standard data protection clauses, enforceable by data subjects in the EEA and the UK. These clauses have been enhanced based on the guidance of the European Data Protection Board and will be updated when the new draft model clauses are approved.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Encore Intelligence Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

9. Disclosure of Data

We may disclose personal information that we collect or you provide:

(a) Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

(b) Business Transaction

If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.

(c) Other cases. We may disclose your information also:

(i) To our subsidiaries and affiliates
(ii) To contractors, service providers, and other third parties we use to support our business
(iii) To fulfill the purpose for which you provide it
(iv) For the purpose of including your company's logo on our website
(v) For any other purpose disclosed by us when you provide the information
(vi) With your consent in any other cases
(vii) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

10. Data Storage and Security

Encore Intelligence Inc. takes data storage and security seriously. We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

Here's how we store and protect your data:

Encryption: All data transmitted between your device and our servers is encrypted using industry-standard SSL/TLS protocols.
Secure Data Centers: We store your data in secure, SOC 2 compliant data centers with 24/7 monitoring, redundant power supplies, and disaster recovery procedures.
Access Control: We limit access to personal information to Encore Intelligence Inc. employees, contractors, and agents who need to know that information in order to process it for us. These individuals are bound by confidentiality obligations and may be subject to discipline if they fail to meet these obligations.
Regular Security Audits: We conduct regular security audits and penetration testing to identify and address potential vulnerabilities.
Data Backups: We perform regular backups of our databases to prevent data loss and ensure business continuity.
Anonymization: Where possible, we anonymize or pseudonymize personal data to enhance privacy and reduce the risk of data breaches.

Despite these measures, please be aware that no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

11. Lawful Basis for Processing Personal Data

Encore Intelligence Inc. processes personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). We rely on one or more of the following lawful bases for processing your personal data:

Consent: In certain cases, we process your personal data based on your explicit consent, which you can withdraw at any time. This applies particularly to marketing communications and certain types of cookies.
Performance of a Contract: We process your data when it's necessary for the performance of a contract to which you are a party, or to take steps at your request before entering into such a contract. This includes providing our core services and managing your account.
Legal Obligation: We may process your data when necessary to comply with a legal obligation to which we are subject under EU or Member State law.
Legitimate Interests: We process your data when it's necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. Our legitimate interests include:
- Improving and developing our services
- Protecting the security of our systems and users
- Conducting business analytics and research
- Enforcing our terms and conditions

We ensure that we have a lawful basis for each instance of personal data processing. If you have any questions about the lawful basis for processing specific data, please contact us.

12. Data Processor

Encore Intelligence Inc. acts primarily as a Data Processor under GDPR. As a Data Processor, we have the following obligations:

Processing according to instructions: We only process personal data based on the documented instructions from the Data Controller (our clients).
Confidentiality: We ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Security measures: We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Sub-processor engagement: We do not engage another processor without prior specific or general written authorization of the Data Controller. When we engage sub-processors, we enter into Data Processing Agreements (DPAs) that ensure they also comply with GDPR requirements and maintain the same level of data protection standards that we uphold.
Assistance to the Controller: We assist the Data Controller in ensuring compliance with GDPR obligations, particularly regarding data subject rights, security measures, and data breach notifications.
Deletion or return of data: At the choice of the Data Controller, we delete or return all personal data to the Controller after the end of the provision of services relating to processing.
Compliance demonstration: We make available to the Data Controller all information necessary to demonstrate compliance with GDPR obligations and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
Data transfers: We ensure that any transfer of personal data to a third country or an international organization complies with GDPR requirements.

In some instances, Encore Intelligence Inc. may also act as a Data Controller, particularly in relation to our own employees' data or when we determine the purposes and means of processing certain data for our own business operations. In such cases, we comply with all GDPR obligations applicable to Data Controllers.

For more information about our data processing activities or to exercise your rights under GDPR, please contact our Data Protection Officer.

13. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems:

Request via web form or email us at [email protected]
- EU: https://encoreintelligenceinc.gdprlocal.com/eu
- UK: https://encoreintelligenceinc.gdprlocal.com/uk

In certain circumstances, you have the following data protection rights:

(a) The right to access, update, or delete the information we have on you
(b) The right of rectification: You have the right to have your information rectified if that information is inaccurate or incomplete
(c) The right to object: You have the right to object to our processing of your Personal Data
(d) The right of restriction: You have the right to request that we restrict the processing of your personal information
(e) The right to data portability: You have the right to be provided with a copy of your Personal Data in a structured, machine-readable, and commonly used format
(f) The right to withdraw consent: You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information
(g) The right to appeal any decision relating to these rights by contacting Encore Intelligence, Inc.'s Data Protection Officer ("DPO") at [email protected].

Please note that we may ask you to verify your identity before responding to such requests. Please note we may not be able to provide Service without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Our Data Protection Officer:

Under Article 37 of the GDPR, we have appointed a Data Protection Officer (DPO) to oversee our data protection strategy and ensure compliance with data protection laws.

Our nominated Data Protection Officer is:

Mike Gillett

[email protected]

Tel +1 (707) 742-3106

Encore Intelligence, Inc.

548 Market St Pmb 32632 San Francisco CA 94104 United States

Our EU Representative:

Under Article 27 of the GDPR, we have appointed an EU Representative to act as our data protection agent.

Our nominated EU Representative is:

Instant EU GDPR Representative Ltd

Adam Brogden

[email protected]

Tel +353 (0) 1554 9700

INSTANT EU GDPR REPRESENTATIVE LIMITED

Office 2 12A Lower Main Street, Lucan Co. Dublin K78 X5P8 Ireland

Our UK Representative:

Under Article 27 of the UK Data Privacy Act, we have appointed a UK Representative to act as our data protection agent.

Our nominated UK Representative is:

GDPR Local Ltd

Adam Brogden

[email protected]

Tel +441 772 217 800

GDPR Local Ltd

1st Floor Front Suite 27-29 North Street, Brighton England BN1 1EB

14. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/

According to CalOPPA we agree to the following:

(a) users can visit our site anonymously;
(b) our Privacy Policy link includes the word "Privacy", and can easily be found on the page specified above on the home page of our website;
(c) users will be notified of any privacy policy changes on our Privacy Policy Page;
(d) users are able to change their personal information by emailing us at [email protected].

Our Policy on "Do Not Track" Signals:

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

15. Your Data Protection Rights under the California Consumer Privacy Act (CCPA)

If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:

(a) What personal information we have about you. If you make this request, we will return to you:

(i) The categories of personal information we have collected about you.
(ii) The categories of sources from which we collect your personal information.
(iii) The business or commercial purpose for collecting or selling your personal information.
(iv) The categories of third parties with whom we share personal information.
(v) The specific pieces of personal information we have collected about you.
(vi) A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
(vii) A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.

(b) To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.

(c) To stop selling your personal information. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a "sale" under California law.

If you submit a request to stop selling your personal information, we will stop making such transfers. If you are a California resident, to opt-out of the sale of your personal information, click "Do Not Sell My Personal Information" at the bottom of our home page to submit your request.

Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.

To exercise your California data protection rights described above, please send your request(s) by one of the following means:

By email: [email protected]
By phone number: +1 707-742-3106

Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.

16. Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

A list of our third party sub processors can be found here: https://trust.encore.ai/subprocessors

17. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Cloudflare analytics Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/

18. CI/CD tools

We may use third-party Service Providers to automate the development process of our Service.

GitHub

GitHub is provided by GitHub, Inc.

GitHub is a development platform to host and review code, manage projects, and build software.

For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy page: https://help.github.com/en/articles/github-privacy-statement

19. Behavioral Remarketing

Encore Intelligence, Inc. uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Twitter

Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

20. Payments

We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Stripe:

Their Privacy Policy can be viewed at: https://stripe.com/us/privacy

21. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

22. Children's Privacy

Our Services are not intended for use by children under the age of 18 ("Child" or "Children").

We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

23. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

24. Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: [email protected].