Privacy Policy - Eclipse Mining Technologies

PRIVACY POLICY

Eclipse Mining Technologies, LLC (“Eclipse”) takes your privacy very seriously and is committed to protecting your privacy and developing technology that gives you the most powerful and safe experience – both online and offline. This Privacy Policy applies to the Eclipse website (www.eclipsemining.com) and to any other ways in which you may interact with Eclipse (including in transactions and/or customer contracts), and it governs data collection and usage as part of our business activities. In addition to this Privacy Policy, Eclipse has internal policies and practices designed to keep your information secure and to ensure that information about you is only used in accordance with this Privacy Policy, and that only individuals associated with Eclipse who need to process such information in accordance with the purposes described below have access to your personal data. This Privacy Policy is also incorporated into our Terms of Use and, accordingly, applies to your use of our products and services. By using the Eclipse website or any Eclipse products (including SourceOne®), you consent to the data practices described in this Policy.

Collection of your Personal Information

Eclipse typically obtains your personal information when you fill out a form on our website, furnish your business card or contact information to our representatives, when we obtain your information from your company, and/or when you inquire about or purchase our products or services. Eclipse collects personally identifiable information, such as your e-mail address, name, job title, mailing address and/or telephone/mobile/fax number. Eclipse also collects anonymous demographic information, which is not unique to you, such as your zip code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by Eclipse. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Eclipse for the operation of its products and services, to maintain quality of the products and services, and/or to provide general statistics regarding use of the Eclipse website.

Eclipse typically also collects commercial information. Examples of commercial information include products or services purchased, obtained, or considered from Eclipse or our affiliates or partners; information relevant to customer inquiries; and other purchasing history or tendencies.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Eclipse’s public message boards, this information may be collected and used by others. Note: Eclipse does not read any of your private online communications.

Eclipse encourages you to review the privacy statements and/or policies of websites you choose to link to from Eclipse so that you can understand how those websites collect, use and share your information. Eclipse is not responsible for the privacy policies or other information collection and use practices of companies you may contact through a link that causes you to leave the Eclipse family of websites.

Use of your Personal Information

Eclipse collects and uses your personal information to operate the Eclipse website and to provide, improve, protect and promote the Eclipse products and/or services you have requested in a reliable and secure manner, as well as for any other legitimate business operational needs. Eclipse also uses your personally identifiable information for marketing purposes and, on a professional capacity, to inform you of other products or services available from Eclipse and its affiliates. Eclipse may also contact you via surveys to conduct research about your opinion of current products and services or of potential new products and services that may be offered. Users who receive marketing messages or surveys can opt out at any time. If you do not want to receive a particular type of marketing material from us, click the “unsubscribe” link in the relevant email message, or update your preferences in your personal account. You can also reach out to unsubscribe@eclipsemining.com. to withdraw your consent or request to be unsubscribed. When you opt out or unsubscribe, we will retain only minimal personal data, and only to the extent that it is necessary, in our “do not contact” list.

Please note: Communications to provide product and/or service-related notices to our active users (changes, updates, etc.) are considered part of the Eclipse services, and you may not opt out of them.

Eclipse sometimes contacts potential customers who are not currently SourceOne users. If you receive an email or other communication and no longer wish to be contacted by Eclipse, you can unsubscribe and remove yourself from our contact list via the message itself or by contacting us at unsubscribe@eclipsemining.com.

Eclipse does not sell, rent or lease its customer lists to third parties. Eclipse may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party, unless you consent to us sharing the information. In addition, Eclipse may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, process payments, or arrange for deliveries. These trusted partners are prohibited from using your personal information except to provide these services to Eclipse, and they are required to maintain the confidentiality of your information.

Your use of SourceOne may include applications and/or services from third parties that are integrated or connected with SourceOne. If you are using both SourceOne and a third-party application, you consent to the exchange of information about you between Eclipse and those third parties, which is required in order for Eclipse and those third parties to provide, improve, protect, and promote their services. Please remember that third parties’ use of your information will be governed by their own privacy policies and terms of service.

Eclipse keeps track of the websites and pages our customers visit within the Eclipse website, in order to determine what Eclipse products and/or services are the most popular. This data is used to deliver customized content and advertising within Eclipse to customers whose behavior indicates that they are interested in a particular subject area.

Eclipse will disclose your personal information, without notice, only if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or appropriate government request, or to comply with legal process served on Eclipse or the site; (b) protect and defend Eclipse’s rights or property of Eclipse; or (c) act under exigent circumstances to protect the safety of Eclipse, its users or the public.

Eclipse reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Eclipse, or any of the business of Eclipse.

Eclipse may share your information with its professional advisors, such as accountants and lawyers, who assist us in carrying out our business activities, as well as with affiliated entities in the United States and in other countries. Whenever we transfer personal information to other jurisdictions, we ensure that the information is transferred in accordance with this Privacy Policy and with applicable data protection laws.

The list below summarizes the principal purposes for which we use your personal information, as well as the legal basis (in accordance with applicable data protection laws) that Eclipse relies on to justify the use of your personal information.

Purpose
Legal Basis

To provide the Eclipse website(s) to you

For our legitimate business purposes (i.e., provision of the Eclipse website) and, depending on the circumstances, to comply with contractual terms.

To provide products or services that you have requested, and related information about those products and services

For our legitimate business purposes (i.e., provision of products and services) and, as applicable, to comply with product specifications and contractual terms.

To communicate with you and to respond to questions that you have raised

For our legitimate business purposes (i.e., provision of the Eclipse website, and provision of products and services) and, as applicable, to comply with contractual terms.

To administer and improve the Eclipse website

For our legitimate business purposes (i.e., provision of the Eclipse website and services, as well as to improve and ensure the security of those products and services); We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law (e.g., in relation to our use of certain cookies).

To process your payment for Eclipse products and services

For our legitimate business purposes (i.e., provision of products and services) and, as applicable, to comply with contractual terms.

To send you, or for our third-party partners to send you, information about products, services and/or events that may be of interest to you based on your preferences

For our legitimate business purposes (i.e., provision of products and services); We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law.

To administer surveys

For our legitimate business purposes (i.e., provision of products and services); We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law.

To generate statistical data on number of customers, purchases, etc.

For our legitimate business purposes (i.e., provision of products and services)

To prevent and detect fraud

For our legitimate business purposes and for compliance with legal / regulatory obligations

To protect / enforce our legal rights, or the rights of other customers

For our legitimate business purposes and for compliance with legal / regulatory obligations

Use Of Cookies

The Eclipse website uses “cookies” to help you personalize your online experience. Eclipse’s use of cookies is governed by our Cookie Policy.

Security of your Personal Information

Eclipse Mining Technologies secures your personal information from unauthorized access, use or disclosure. Eclipse Mining Technologies secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we use reasonable efforts to protect your personal information, we cannot guarantee the security of personal information transmitted to our website. To the extent you choose to send personal information to us via any features and communication tools available on our website, you do so at your own risk. Once we have received your personal information, we will use reasonable procedures and security measures to prevent unauthorized access and disclosure.

If your company has a corporate account with us, your company administrator and/or other company users may have the ability to access and control your login and personal information. Please refer to your company’s internal policies if you have questions about this.

Retention of Information

In general, Eclipse will keep personal information it collects for up to 3 years after the last time you or your company interacted with us online or in person. Notwithstanding this general information and document retention period, we retain the right to retain documents that reflect basic contact information (such as name, address, phone number(s), email address(s)) and documents that memorialize or reflect legal rights and obligations, such as contracts, including purchase, license and service agreements, as part of our permanent company records. We may also retain documents beyond the general information and documentation period if it is necessary for us to retain the information in order to comply with our legal obligations, such as those imposed by regulators and taxing authorities.

Changes to this Policy

Eclipse will occasionally update this Privacy Policy. The updated Privacy Policy will take effect as soon as it has been posted and we will update the “Last Updated” date at the top of this privacy document to alert you to the date this Policy was last revised. Eclipse encourages you to periodically review this Policy to be informed of how Eclipse is protecting your information.

Your Rights

Your rights may differ based upon the local data protection laws in force in your country, state or territory, and Eclipse will honor those rights to the extent they have been granted to you and apply to you under the relevant applicable laws. Your rights may include one or more of the following:

  • Access to your Personal Information. You may have the right to obtain confirmation from us that we process your personal information and, if so, you may have the right to request access to your personal information. Please note that, to the extent permitted by law, we may charge a reasonable fee based on administrative costs for the first or further copies of your personal information requested by you.
  • Correction. You may have the right to request that we rectify inaccurate personal information concerning you.
  • Erasure/Deletion. You may have the right to require us to erase some or all of the personal information concerning you.
  • Restriction of Processing. You may have the right to require us to restrict the further processing of your personal information. In such cases, the respective information will be marked as restricted, and may only be processed by us for certain purposes.
  • Object. You may have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.
  • Data Portability. You may have the right to receive a copy of your personal information which you have provided to us, in a structured, commonly used, and machine-readable format, and you may have the right to transmit that personal information to another entity without hindrance from us. Please note that, to the extent permitted by law, we may charge a reasonable fee based on administrative costs to provide the personal information requested by you.
  • Withdraw Consent. You may have the right to withdraw consent you have provided to us where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time./li>
  • Right to Complain. You may have the right to lodge a complaint to an applicable supervisory authority or other regulator if you are not satisfied with our responses to your requests or how we manage your personal information. For example, if you are located in the EU/EEA, a list of and more information about the EU/EEA Data Protection Authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.” We encourage you to first reach out to us, at the email address provided below, so we have an opportunity to address your concerns directly.

Please note that these rights are not absolutely guaranteed and there are several exceptions where we may not have an obligation to fulfill your request. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHICH EXCEPTIONS MAY APPLY.

Per our security procedures, we may request proof of identity before we disclose personal information to you, or before we process your other requests referenced above. If we cannot initially verify your identity, we may request additional information to complete the verification process. Please note that if we cannot verify your identity, we may not be able to fulfill your request.

Contact Information

Eclipse welcomes your comments regarding this Privacy Policy. If you have any questions or concerns as to how we handle your personal information, or you believe that Eclipse has not adhered to this Policy, please contact Eclipse at transparency@eclipsemining.com.

Last updated: May 7, 2020