PRIVACY POLICY
ELERTS.COM AND RELATED APPLICATIONS
Effective and Last Updated: April 4, 2022

The purpose of this privacy policy (this “Privacy Policy”) is to provide you with a description of the types of information we collect about you when you visit the ELERTS Corporation website located at elerts.com and associated sub-domains (the “Site”) and/or download, register or use our mobile applications, whether such applications are branded as “ELERTS” applications or branded by our licensee (each an “Application” and collectively, the “Applications”) or we receive SMS or MMS text messages, web-form messages, voice messages, email or similar communications (“Messaging”), and how we use that information. The terms “we”, “us”, and “our” refer to ELERTS Corporation, a Delaware corporation.

As used in this Privacy Policy, “Sponsoring Organizations” refers to third parties (typically transit authorities, airports, municipalities, Business Improvement Districts, health care entities, public safety organizations, educational institutions, corporations, and similar entities) who use the Applications we provide or coordinate the receipt of Messaging as part of their efforts to enhance safety or customer experience. We typically provide Applications and Messaging to users on behalf of these Sponsoring Organizations. We may serve as a data processor for these Sponsoring Organizations.
By visiting or using the Site and/or Applications or Messaging or otherwise using the services we provide (“Services”), you, and any entity or organization on whose behalf you are accessing the Site and/or Applications or Messaging, agree to the provisions of this Privacy Policy, and the provisions of any Terms of Use or End User License Agreement to which you agreed regarding your use of the Site, Applications, Messaging or Services. If you do not agree to the terms of this Privacy Policy, please do not use or access the Site or the Applications, Messaging or use the Services. This Privacy Policy only applies to information collected while you are on the Site or when you use an Application or Messaging.

INFORMATION WE COLLECT
We collect three types of information from you:
(i) information that you voluntarily provide to us (e.g., through a voluntary registration process);
(ii) reports that you submit using the Applications or through Messaging (“Reports”); and
(iii) other information that is derived through automated mechanisms.

Registration information that you voluntarily provide to us.

We may collect personally identifiable information when you choose to use certain features of the Site or when you use an Application or Messaging. When you choose to use these additional features or use an Application or Messaging, we may require or request you to provide your “Contact Information” such as your name, phone number, or email address. We treat that information as personal information.

Reports that you submit using the Applications or through Messaging are voluntarily.

Report content. When you submit a Report through the Application or through Messaging, we receive any content such as photos, video and text you supply with the Report, and your location, if you allowed location services. We treat this information as non-personal information, except where we are required to do otherwise under applicable law.

Information about you. In order to submit Reports, we may require you provide us certain personal information about you. The information will include your name, phone number, and email address and may include additional required information. In connection with the submission of the Report, the registration information that you provided earlier may be transmitted. We treat that information as personal information.

Information that is collected automatically.

Location information. We automatically receive your location when you use an Application or web-form to submit Reports, if you allowed location services on your device or browser. We may use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device that may, for example, provide information on nearby Wi-Fi- access points and cell towers.

Sending phone number. We will usually also receive the sending phone number if you submit a Report through Texting.

Log information. When you use the Site or an Application or submit through Messaging, we may automatically receive and record information on our server logs from your browser or mobile device, including your location, IP address, browser type, operating information, mobile carrier, device and application IDs, cookie information, and the page you requested.
We treat this data as non-personal information, except where we are required to do otherwise under applicable law.

HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION:

All users
Provide information and Services to Sponsoring Organization. When you use an Application or Messaging, our processing of your personal information in connection with that communication is governed by an agreement between us and the Sponsoring Organization. We process and provide your personal information to the Sponsoring Organization. This includes submitting an incident Report, chat, alert or pressing the Call Police or similar button on our Applications.

Information you submit through any Application or through Messaging is provided pursuant to an agreement with a Sponsoring Organization and will also be governed by the Sponsoring Organization’s privacy policy which may contain terms more or less protective than this Privacy Policy. In many instances the Sponsoring Organization is acting as the data controller for data you submit through the Applications or Messaging. If so, you may interact directly with the Sponsoring Organization (rather than with us). It is the Sponsoring Organization’s responsibility to ensure that the data it collects can be legally collected in the country and location of origin. Sponsoring Organizations are responsible for giving their users the appropriate level of notification that personal information is being collected and maintained.

In some cases, Sponsoring Organizations may share collected information with other agencies or organizations. For example, transit agencies concerned about criminal acts or threats may wish to share incident reports with other transit agencies or law enforcement agencies.

Enhance our Services. We also use your personally identifiable information to support and enhance your use of the Site and its features, and the Applications and our Services. We may permit certain trusted third parties to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring web site (if any) and other parameters in the URL. This is collected in order to better understand our Site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We use non-identifying and aggregate information to better design the Site and the Applications and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

Help provide the Services. We may use certain trusted third-party subcontractors to host the Site and provide access to and interact with the Applications and Messaging; store information relating to our Site and Applications and Messaging (including personally identifiable information); operate various features available on the Site and the Applications; send messages; analyze data and similar tasks.

Affiliates and corporate transactions. We may share personally identifiable or other information with our parent, subsidiaries, divisions, and affiliates. We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

Legal requirements. We may disclose personally identifiable information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities, or as required by law.

Users affiliated with Sponsoring Organizations.

If you use our Application or Messaging with an account provided by or through a Sponsoring Organization you are affiliated with, such as your work account, that Sponsoring Organization can:
Control and administer your use of the Application or Messaging. This includes adding, revoking, or changing your access, accessing your account history and login information (e.g., name, phone number and email address).
Access and process your data. This includes your interaction data, diagnostic data, and the contents of your communications and files associated with your use of an Application or Messaging. The Sponsoring Organization may also access and process Reports, text, images, location data, and other information you provide in any Report through the Application or Messaging.
If you lose access to your account (in event of change of employment, for example), you may lose access to Services and the content associated with the Application or Messaging, including your submitted Reports or information.

HOW WE PROTECT YOUR INFORMATION

Security measures. We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. However, we cannot guarantee that third parties, including Sponsoring Organizations, will protect your information in the same manner as we do, and we cannot guarantee that third parties cannot reconstruct, use and distribute your personal information based on data we provide to Sponsoring Organizations.

Sponsoring Organization access and responsibility. If you are an employee of the Sponsoring Organization that provides you with access to Applications or Messaging, your use of such is subject to your Sponsoring Organization's policies regarding privacy, acceptable uses, and other policies, if any, and supersedes this Privacy Policy, to the extent such policies further limits disclosure of your personal information or information provided to us by you through submitting a Report. You should direct your privacy and organization policy inquiries, including any requests to exercise your data protection rights, to your Sponsoring Organization’s administrator. We are not responsible for the privacy or security practices of our customers (your employer or Sponsoring Organization), which may differ from those set forth in this Privacy Policy. Generally, however, we only share your personal information with the organization and our partners who help us provide the Applications and Messaging, and do not sell your personal information, except in an anonymized and/or aggregated format.

Internet risks. Notwithstanding the foregoing, by accessing and using our Services (including the Site, or any of the Applications or Messaging), you agree to the terms of this Privacy Policy, and you consent that no data transmission over the Internet is completely secure. We cannot guarantee or warrant the security of any information you provide to us and you transmit such information to us at your own risk.

OTHER

Accessing and updating your personal information and preferences.

We provide mechanisms for updating and correcting your personal information for many of our services. You may modify or remove personal information you provided to the Application as part of the registration process by the edit feature provided by the Application.

Children’s privacy and parental controls.

We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site or Applications or Messaging. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors.

Your California Privacy Rights.

California Civil Code Section 1798.83 permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us at support@elerts.com or by mail to ELERTS Corp., 45 Industrial Park Road, #4, Hingham, MA 02043.

Notification of changes.

We reserve the right to change this Privacy Policy from time to time in our sole discretion. Each time you use the Site or an Application or Messaging, the current version of this Privacy Policy as posted at https://elerts.com/privacy/ will apply. Accordingly, when you use the Site or an Application or Messaging, you should check the date of this Privacy Policy (which appears at the top of this Privacy Policy) and review any changes since the last version. Our Privacy Policy is subject to change from time to time. You are encouraged to check the Site regularly for any changes to this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If at some point in the future, there is a change to our Privacy Policy, unless we obtain your express consent, such change will only apply to information collected after the revised Privacy Policy took effect. Your continued use of the Site or any Application or Messaging indicates your assent to the Privacy Policy as posted.

PRIVACY POLICY ADDENDUM

Effective and Last Updated: May 10, 2022

Privacy Notice for End Users of Licensed Applications Provided by Your Organization

Notwithstanding our Privacy Policy found at https://www.elerts.com/privacy ("Privacy Policy"), if you use our Licensed Application with an account provided by or through an organization you are affiliated with, such as your work account, that organization can:

• Control and administer your Licensed Application account, including adding, revoking, or changing your access, accessing your account biographical and login information (e.g. name and email address).
• Access and process the contents of your communications and files associated with your Licensed Application accounts.
• Access and process reports, text, images, location data, and other information you provide in any report through the Licensed Application.

If you lose access to your account (in event of change of employment, for example), you may lose access to services and the content associated with the Licensed Application, including your submitted reports or information.

If your organization provides you with access to Licensed Applications, your use of the Licensed Applications is subject to your organization's policies regarding privacy, acceptable uses, and other policies, if any, and supersedes our Privacy Policy, to the extent such policies further limits disclosure of your personal information or information provided to us by you through reporting. You should direct your privacy and organization policy inquiries, including any requests to exercise your data protection rights, to your organization’s administrator. ELERTS is not responsible for the privacy or security practices of our customers (your employer or organization), which may differ from those set forth in our Privacy Policy.

When you use a Licensed Application provided by your organization, ELERTS’s processing of your personal information in connection with that product is governed by an arrangement between ELERTS and your organization. ELERTS processes your personal information to provide the Licensed Application to your organization and you. As mentioned above, if you have questions about ELERTS’s processing of your personal information in connection with providing products to your organization, please contact your organization.

Generally, however, we only share your personal information with the organization and our partners who help us provide the Licensed Applications, and do not sell your personal information to unrelated third parties; provided, we may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

CONTACT INFORMATION

If you have any questions or concerns regarding this Privacy Policy please contact us at support@elerts.com or by mail to ELERTS Corp., 45 Industrial Park Road, #4, Hingham, MA 02043 or at 877-256-1971.

SUMMARY OF RECENT UPDATES TO THIS PRIVACY POLICY:

Updated on May 26, 2017 to include provisions relating to new Messaging services and highlight the ability of Sponsoring Organizations to share information with other agencies or organizations, for example, in the event of a security concern or an anticipated threat which might impact other areas.

Updated on April 4, 2022 for clarity and to expand the definition of Messaging and to provide additional information on users who use the Services in connection with employment with Sponsoring Organizations.

Updated on May 10, 2022 to insert the PRIVACY POLICY ADDENDUM for  End Users of Licensed Applications Provided by Your Organization.