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Platform Privacy Policy

This privacy policy (“Policy”) describes how Scorpion Design, LLC (“Scorpion,” “we,” or “us”) may collect, use, process, disclose, and safeguard information we obtain from our business clients (“Scorpion Clients”) who have a separate Services Agreement with us and who have a license to access our proprietary Intelligent Growth Platform (“Platform”). It also tells you about your rights and choices with respect to your information, and how you can contact us if you have any questions or concerns. By using the Platform, you are accepting the practices described in this policy. This Policy is incorporated into and is subject to the Scorpion Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the Scorpion Terms of Service.

Information Collection

We may collect non-personal information, such as a domain name and IP Address. The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our Platform. We may also collect information about the type of Internet browser you are using, operating system, your device type, as well as which aspects of the Services and/or Platform you accessed. If you use, access, communicate through or interact with any of our provided services, systems, products or Platform (collectively “Systems”) we may collect data about your usage, when and how you interact with the Systems, what you interact with and any assets that you download, and we may store any information you provide to us or our Scorpion Clients on their behalf. We may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. In addition to the activities described in this Policy, we may process Personal Information provided by our Scorpion Clients when they use our Systems. Our Scorpion Clients use our Systems to run their businesses and provide service to their end-customers, and in doing so collect Personal Information about their end-users and end-customers, including, for example, their end-customers’ name and address, the services performed for end-customers by Scorpion Clients, the location(s) those services were provided, the equipment, if any, involved as well as financial, payment and other end-customer information. We process such Personal Information as a data processor and service provider on behalf and on the instructions of our Scorpion Clients, which are the entities responsible for the data processing. To understand how a Scorpion Client processes your Personal Information, please refer to their respective privacy policy. In order to use the Platform, you must create a user account by providing us with your name, email address, and a password. Each user account may be tied to a Scorpion Client or as Scorpion otherwise determines. Some registrations may also require an associated physical address and/or location, photos of yourself or your household or authentication verification elements. Please note that while any changes you make in active user databases will be reflected instantly or within a reasonable period of time, and we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, to the extent permitted under applicable law. If payments are made through the Systems, Personal Information may be required to fulfill your request by our third-party service providers, such as your credit card number and billing address. If you opt to apply for financing through our Systems, we, our Scorpion Clients or third-party payment providers may collect information such as your gender, birthdate, marital status, education, employment information and other application specific required to process your financing application(s) with our financing partners. We may collect, store and share your location information, including GPS coordinates, if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Service.

Information Use

We use the collected information for our own internal purposes, such as providing, maintaining, evaluating, and improving our Systems and Website, data processing, and providing service to our Scorpion Clients. We may use your Personal Information to store and provide you with your personalized System views, such as remembering your preferences layout preferences. We may de-identify and aggregate certain information to monitor and analyze the effectiveness of the Systems and third-party marketing activities and to monitor aggregate Systems usage metrics such as total number of users and most commonly used features or functions. We may also use your Personal Information in a manner described in the notice presented to you at the time the information is collected, or in any other manner to which you consent. If you are using the System as an end user or end-customer of a Scorpion Client, we may disclose information about you to that Scorpion Client, such as your name, email address and physical address, in connection with your business relationship with that Scorpion Client and as necessary to provide the services you have requested of that Scorpion Client. Information about our Scorpion Clients and their end-users and end-customers, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties. We may also make certain automatically-collected, aggregated, or otherwise de-identified information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ and our Scorpion Clients’ end-customers’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Systems.

Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Cookies & User Accounts

We may use "cookies" throughout the Systems. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you may not have to log in a password more than once, thereby saving time while using the Systems. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Links

This Website and the Systems may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and/or Systems to read the privacy statements of any other site that collects personally identifiable information.

California Consumers

We reserve the right to update these policy terms as we determine, where this was last updated on 03/12/2021.

Right to Know About Personal Information Collected, Disclosed, or Sold

In California, consumers have the right to request that the business disclose what personal information it collects, uses, discloses, and sells.

  • A business that collects a consumer’s personal information shall inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used.
  • A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.
  • A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer the following:
    1. The categories of personal information it has collected about that consumer.
    2. The categories of sources from which the personal information is collected.
    3. The business or commercial purpose for collecting or selling personal information.
    4. The categories of third parties with whom the business shares personal information.
    5. The specific pieces of personal information it has collected about that consumer.
  • A consumer shall have the right to request that a business that sells the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer:
    1. The categories of personal information that the business collected about the consumer.
    2. The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties to whom the personal information was sold.
    3. The categories of personal information that the business disclosed about the consumer for a business purpose.
  • A consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. This right may be referred to as the right to opt-out.
  • A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title.
  • A consumer can designate an authorized agent to make a request under the CCPA on the consumer’s behalf.

Instructions for submitting a verifiable consumer request

You can submit a request per the rights outlined above via toll free telephone or by filling out a webform (click here to go to the webform). Only you, a natural person or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we’ve collected personal information, or is a person authorized by the consumer to act on such consumer’s behalf.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond appropriately.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Scorpion will only require you to provide basic information that would most likely have been disclosed in the original data collection process, and we will verify that this information matches what we have on record. We will then send a 6 digit numeric code either via text message or email based on the information provided in your request, and which must be relayed back to Scorpion to complete the authentication of identity. Once verified, we will investigate and provide an individualized response to you, and will not merely refer to our general practices outlined in the Privacy Policy. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We may deny your access request to know personal information if:

  • We cannot verify your identity. If the request is to know specific pieces of personal information, we may evaluate the request as if seeking the disclosure of categories only.
  • The request to know specific pieces of personal information creates a substantial, articulable, and unreasonable risk to the security of the personal information, your account with the business, or the security of the business’s systems or networks.
  • We receive a request to know from you more than twice in a 12-month period.

We may deny your deletion request if retaining the personal information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Collection of Personal Information

Scorpion collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information“). This information is collected when you provide it to us, when you visit our website, request our services, or communicate with us and others. We may also collect information about you from other sources and combine that with the information you provided, in accordance with applicable law. Personal information does not include:

  • Publicly available information from federal, state, or local government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like certain health or medical information and other categories of information protected by certain sector-specific privacy laws. These include the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; the Fair Credit Reporting Act (FRCA); the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA); and the Driver's Privacy Protection Act of 1994.

In particular, Scorpion has collected the following categories of consumers personal information, from the following sources, within the last twelve (12) months: A) Information You Provide To Us: When you contact us directly, interact with us at an event, or request more information about our services either online or offline, you may choose to provide Personal Information to us that identifies you. This could include the following categories of Personal Information:

  • Identifiers, such as name, phone number, email address, and zip code
  • Personal Information Listed in The California Customer Records Statute, such as business name and business email address related to your employment.

This information is collected for the business purpose of responding to and providing you with the information that you request from us, provide customer service, or to fulfil any other purpose for which you provide it. B) Information Collected By Our Systems: When you visit our website and use our Sytems, we collect information about your use of them through cookies, which is a small text file that is stored on a user’s computer for record keeping purposes. You can control the use and transmission of cookies by reviewing and selecting the appropriate settings in your web browser. If you choose to disable cookies, it may limit your use of certain features or functions on our website or service. We may combine this information with other information that we have collected about you, and could include the following categories of Personal Information:

  • Identifiers, such as IP address, unique personal identifier, and other similar identifiers.
  • Internet Activity, such as the page and search terms that led you to our website, pages visited on our website, your site interactions, the date/time of your visit, browser type, and computer and device information.
  • Geolocation Data, such as time zone, and consistent with your device permissions, we may also collect or derive location information from your device such as latitude/longitude, zip code, city, and state.

This information is collected for the business purposes of helping Scorpion provide relevant marketing and content to you and our Scorpion Clients. We also use this information to compile aggregate data to better understand how visitors use our website to continually improve its performance, content, and overall site and Systems functionality, as well as to detect and protect against security incidents. C) Information we collect from other sources and third parties: We may receive information about you from publicly available sources as permitted by law. We may also receive information from a third-party social networking service when you choose to connect with those services. This could include the following categories of Personal Information:

  • Identifiers, such as name, phone, email address, IP address, unique personal identifier, and other similar identifiers.
  • Internet Activity, such as interaction with an advertisement
  • Geolocation Data, such as time zone, and consistent with your device permissions, we may also collect or derive location information from your device such as latitude/longitude, zip code, city, and state.

This information is collected for the business purpose of providing relevant marketing and content to you, or to respond to and provide you with information requested.

Other Uses of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • Provide services to or communicate with you at your request
  • Operate, maintain, protect, and improve our site and services
  • Monitor, measure, conduct analytics on, and improve marketing and advertising efforts
  • Engage in re-targeting or interest-based advertising about services that may be of interest to you and which are offered by Scorpion.
  • Anonymize and aggregate information for market and website traffic flow and use analysis
  • Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our or our affiliates’ assets in which personal information held by us or our affiliates about our website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose, as those terms are defined in the CCPA. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share the following categories of personal information:

  • Identifiers
  • California Customer Records Statute

We share with the following categories of third parties:

  • Advertisers
  • Service Providers

Disclosure or Sale of Personal Information

Scorpion does not and will not sell personal information to third parties for a business or commercial purpose. Furthermore, Scorpion does not sell the personal information of minors under 16 years of age.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. To make such a request, please submit a request via telephone or write to us at Scorpion, Attn: Data Privacy Officer, 27750 N Entertainment Drive, Valencia, CA 91355.

Nevada Residents

We do not sell the personal information of residents in the state of Nevada. To review or request changes to information that is collected through our website and/or Systems please contact us via telephone at (888) 720-2774. If we make changes to our Privacy Policy, we will post those changes on this page. Please review this page frequently to remain up-to-date with the information we collect, how we use it, and under what circumstances we disclose it. You must review the new Privacy Policy carefully to make sure you understand our practices and procedures.

Consent

By using the Systems, you consent to the collection and use of information as specified above. If we make changes to our Privacy Policy, we will post those changes on this page. Please review this page frequently to remain up-to-date with the information we collect, how we use it, and under what circumstances we disclose it. You must review the new Privacy Policy carefully to make sure you understand our practices and procedures. If you have any questions or concerns about our privacy policies and practices or feel that we are not abiding by this Privacy Policy, you should contact us immediately via telephone at (888) 720-2774 or via mail Attn: Data Privacy Officer, 27750 N Entertainment Drive, Valencia, CA 91355. Website: www.scorpion.co