1. INFORMATION WE COLLECT

We collect several types of information from and about users of our services, including:

1.1 Information You Provide to Us

1.2 Information Collected Automatically

1.3 Information from Third-Party Sources

2. HOW WE USE YOUR INFORMATION

We use the information we collect for the following purposes:

2.1 Platform Overview

Emformance provides a cloud-based enterprise resource planning (ERP) platform that enables organizations to manage:

2.1 Service Delivery and Operations

• Account Management:

  Create and manage your user account and organization profile

• Payroll Processing:

  Calculate and process employee payroll, including direct deposit payments and tax withholdings

• Project Management:

  Enable task assignment, project tracking, team collaboration, and time tracking

• Financial Management:

  Process invoices, expenses, and payments; generate financial reports

• Communication:

  Send transactional emails and in-app notifications related to your account and service usage

2.2 Service Availability

• Analyze usage patterns to improve our platform features and user experience

• Develop new features and services based on user needs and feedback

• Conduct research and analytics to understand how users interact with our platform

• Test new features and functionality with user consent

2.3 Security and Fraud Prevention

• Detect, prevent, and investigate fraudulent activity, unauthorized access, and security incidents

• Monitor and analyze security threats and vulnerabilities

• Enforce our Terms of Service and other policies

• Verify user identity and prevent account abuse

2.4 Legal Compliance

• Comply with applicable laws, regulations, and legal processes

• Respond to law enforcement requests and court orders

• Protect our legal rights and interests

• Maintain records for tax, accounting, and regulatory purposes

2.5 Marketing and Communications (With Your Consent)

• Send promotional emails about new features, updates, and special offers (you can opt-out anytime)

• Conduct customer satisfaction surveys and request feedback

• Provide customer support and respond to inquiries

• Invite you to webinars, events, and training sessions

3. HOW WE SHARE YOUR INFORMATION

We do not sell your personal information to third parties. We share your information only in the following circumstances:

3.1 Service Providers and Business Partners

We engage trusted third-party service providers to perform functions on our behalf, including:

All service providers are contractually obligated to use your information only for the purposes of providing services to us and to implement appropriate security measures.

3.2 Within Your Organization

If you are using Emformance as part of an organization:

• Administrators

  Administrators can access and manage organization-wide settings, user accounts, and data

• HR Managers

  HR Managers can access employee records, payroll information, and performance data

• Department Managers

  Department Managers can access information about their direct reports and team members

• Team Members

  Team Members can access shared project information, task assignments, and collaboration tools

Your organization's administrator controls what information is shared within the organization and with whom.

3.3 Legal Requirements and Protection of Rights

We may disclose your information if required to do so by law or if we believe such action is necessary to:

• Comply with legal obligations, court orders, or government requests

• Enforce our Terms of Service and other agreements

• Protect the rights, property, or safety of Emformance, our users, or the public

• Detect, prevent, or investigate security incidents, fraud, or illegal activity

3.4 Business Transfers

If Emformance is involved in a merger, acquisition, asset sale, bankruptcy, or other business transaction, your information may be transferred to the acquiring entity. We will provide notice before your information is transferred and becomes subject to a different privacy policy.

3.5 With Your Consent

We may share your information with third parties when you explicitly consent to such sharing.

4. DATA RETENTION

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

4.1 Retention Periods

4.2 Data Deletion

When Personal Information Is No Longer Needed, We Securely Delete Or Anonymize It. You Can Request Deletion Of Your Personal Information At Any Time (See Section 6 For Details On Your Rights).

Deleted Data Is Permanently Removed From Our Active Systems Within 30 Days, And From Backup Systems Within 90 Days.

5. DATA SECURITY

We implement appropriate technical and organizational security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction.

5.1 Security Measures

For more information about our security practices, please refer to our Information Security Policy available upon request.

5.2 Security Limitations

Despite our security measures, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security.

You are responsible for:

• Maintaining the confidentiality of your password

• Restricting access to your computer and devices

• Logging out after using shared devices

• Promptly notifying us of any unauthorized access to your account

6. YOUR PRIVACY RIGHTS

Depending on your location, you may have certain rights regarding your personal information:

6.1 Rights for All Users

• Access and Portability:

  You have the right to access your personal information and request a copy in a portable format (CSV, JSON, or PDF).

• Correction:

  You have the right to request correction of inaccurate or incomplete personal information.

• Deletion:

  You have the right to request deletion of your personal information, subject to legal retention requirements.

• Opt-Out of Marketing:

  You have the right to opt out of marketing communications at any time by clicking "Unsubscribe" in our emails or contacting us.

6.2 Additional Rights for EU/EEA Residents (GDPR)

If you are located in the European Union or European Economic Area, you have additional rights under the General Data Protection Regulation (GDPR):

• Right to Restriction:

  You can request that we restrict processing of your personal information in certain circumstances.

• Right to Object:

  You can object to processing of your personal information based on legitimate interests or for direct marketing purposes.

• Right to Withdraw Consent:

  Where we process your information based on consent, you can withdraw consent at any time.

• Right to Lodge a Complaint:

  You have the right to lodge a complaint with your local data protection authority.

• Legal Basis for Processing

  We process your personal information based on:

  • Contractual Necessity:

    To provide our services as outlined in our Terms of Service

  • Legal Obligation:

    To comply with applicable laws and regulations

  • Legitimate Interests:

    To improve our services, prevent fraud, and ensure security

  • Consent:

    For marketing communications and optional features (you can withdraw consent anytime)

• Data Protection Officer:

  For GDPR-related inquiries, contact our Data Protection Officer at: privacy@emformance.com

6.3 Additional Rights for California Residents (CCPA/CPRA)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to Know:

  You can request information about the categories and specific pieces of personal information we've collected, the sources, purposes, and third parties with whom we share it.

• Right to Delete:

  You can request deletion of your personal information, subject to certain exceptions.

• Right to Opt-Out of Sale:

  You have the right to opt out of the "sale" of your personal information. We do not sell your personal information.

• Right to Non-Discrimination:

  We will not discriminate against you for exercising your privacy rights.

• Right to Correct:

  You can request correction of inaccurate personal information.

• Right to Limit Use of Sensitive Personal Information:

  You can request that we limit use of your sensitive personal information (we only use it for permitted business purposes).

• Authorized Agent:

  You may designate an authorized agent to make requests on your behalf. We may require proof of authorization.

• Shine the Light:

  Under California's "Shine the Light" law, you can request information about disclosure of personal information to third parties for direct marketing purposes. We do not share personal information for third-party direct marketing.

6.4 Additional Rights for Canadian Residents (PIPEDA)

If you are a Canadian resident, you have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA):

• Right to Access:

  You can request access to your personal information and information about how it's used.

• Right to Correct:

  You can request correction of inaccurate personal information.

• Right to Withdraw Consent:

  You can withdraw consent for processing at any time (subject to legal or contractual restrictions).

• Right to File a Complaint:

  You can file a complaint with the Office of the Privacy Commissioner of Canada.

6.5 How to Exercise Your Rights

To exercise any of these rights, please contact us at:

• Email:

  privacy@emformance.com

• Phone:

  +1 469-843-0206

• Mail:

  Emformance, Inc., 4012 Williamsburg Court Fairfax, VA 22032

We will respond to your request within 30 days (45 days for CCPA requests). We may require identity verification to process your request.

7. INTERNATIONAL DATA TRANSFERS

Emformance is based in the United States. If you are accessing our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States and other countries where our service providers operate.

7.1 EU-U.S. Data Transfers

For transfers of personal data from the EU/EEA to the United States, we rely on:

• Standard Contractual Clauses (SCCs) approved by the European Commission

• Adequacy decisions where applicable

• Your explicit consent where applicable

We implement appropriate safeguards to ensure that your personal information remains protected in accordance with this Privacy Policy and applicable data protection laws.

7.2 Data Processing Agreements

We enter into Data Processing Agreements (DPAs) with our customers that act as data controllers, outlining our obligations as a data processor. Contact us at privacy@emformance.com to request a DPA.

8. CHILDREN'S PRIVACY

Emformance is not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children under 18.

If you are a parent or guardian and believe your child has provided us with personal information, please contact us at privacy@emformance.com and we will promptly delete such information from our systems.

9. THIRD-PARTY LINKS AND SERVICES

Our platform may contain links to third-party websites, applications, or services that are not owned or controlled by Emformance. This Privacy Policy does not apply to third-party websites or services.

We are not responsible for the privacy practices of third parties. We encourage you to review the privacy policies of any third-party services before providing them with your personal information.

Third-party integrations we use:

• Plaid:

  https://plaid.com/legal/#privacy-policy

• Stripe:

  https://stripe.com/privacy

• Amazon Web Services (AWS):

  https://aws.amazon.com/privacy/

10. COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar tracking technologies to collect information about your browsing activities and to provide, maintain, and improve our services.

10.1 Types of Cookies We Use

• Strictly Necessary Cookies:

  These cookies are essential for the operation of our website and services. They enable core functionality such as authentication, security, and session management. You cannot opt out of these cookies.

• Functional Cookies:

  These cookies enable enhanced functionality and personalization, such as remembering your preferences and settings. You can control these cookies through your browser settings.

• Analytics Cookies:

  These cookies help us understand how users interact with our services by collecting and reporting usage information. We use this data to improve our platform.

• Marketing Cookies:

  These cookies are used to deliver relevant advertisements and track campaign effectiveness. You can opt out of marketing cookies through your browser settings or our cookie preference center.

10.2 Cookie Management

• Browser Controls:

  Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies or alert you when cookies are being sent. Please note that disabling cookies may affect the functionality of our services.

• Cookie Preference Center:

  You can manage your cookie preferences through our Cookie Preference Center available at the bottom of our website.

• Do Not Track (DNT):

  We do not currently respond to Do Not Track (DNT) signals because there is no industry standard for how to interpret them.

10.3 Similar Technologies

In addition to cookies, we may use:

• Web Beacons (Pixels):

  Small graphic images embedded in emails or web pages to track user activity and email open rates

• Local Storage:

  Browser storage mechanisms to save data locally on your device

• Session Storage:

  Temporary storage that is deleted when you close your browser

11. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

Notice of Changes:

• We will post the updated Privacy Policy on this page with a new "Last Updated" date

• For material changes, we will provide prominent notice (such as an email notification or in-app banner) at least 30 days before the changes take effect

• Your continued use of our services after changes become effective constitutes acceptance of the updated Privacy Policy

Review Regularly:

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information.

Version History:

Previous versions of this Privacy Policy are available upon request by contacting privacy@emformance.com.