Equiem (USA) Privacy Policy

Last updated July 1, 2020

This privacy policy (“Policy”) explains when, why and how Personal Information is collected, used and disclosed by Equiem USA LLC, a Delaware limited liability company (“Equiem”, “we”, “us”) including with respect to your access and use of this website, which is owned and operated by Equiem (the Nomad Tower site (located at https://ournomadtower.com) (the “Website”)) and the cloud-based portal application made available to you through the Website or via mobile application by Equiem in relation to any building or site for the purpose of facilitating access to programs and services (the "Platform” and, together with the Website, the “Service”).  This Policy does not apply to information about businesses or other non-individual users.  You acknowledge that this Policy is part of our Terms and Conditions of Use with you, and by accessing or using the Service, you agree to be bound by the Terms and Conditions of Use, including this Policy. If you do not agree to our Terms and Conditions of Use, including this Policy, please do not access or use the Service.

Our Policy may be modified from time to time and we will alert you that changes have been made by indicating on our Policy the date it was last updated.  Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the primary e-mail address that you specified on your account or posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review this site and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the Service after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.  

What Is Personal Information?

“Personal information” is information that reasonably allows us to identify you, your device or your household, such as a name, address, telephone number, mobile number or e-mail address. Personal information does not include aggregate or deidentified information we collect about the use of the Service (and which does not include information about an identified individual or an individual who is reasonably identifiable). Our Policy does not restrict or limit our collection, use or disclosure of aggregate or deidentified information.

What Personal Information Do We Collect?

User Personal Information

We may collect your personal information in the following scenarios:

  • Information you voluntarily provide to us, such as when you create an account and profile, call us, send us an email, complete a survey, participate in a contest or other promotion, initiate a transaction with a merchant or other third party, or post information or other content to the Service.  This information may include your name, address, telephone number, mobile number, employer, payment information or other financial information, activity within the Service, or e-mail address; 
  • Information we receive from a building owner, your employer or other third-party with whom you have a relationship, including your name and email address, which we may use to facilitate your enrollment in the Service;
  • Information we request from you about your interests and activities, your gender and age, your opinion about products and services that we offer, and other demographic and/or consumer information. Depending upon the activity, some of the information we ask you to provide is required in order for you to engage in an activity and some is purely voluntary. If you do not provide the required data with respect to a particular activity, you will not be able to engage in that activity; and
  • Information we collect from you at other points on the Service, such as when you send emails, fill out online forms, or provide content on the Service, even though there may be no notification at the time such information is being collected.

All of the personal information we collect may be sent to servers located in the United States as well as other countries around the world.  

Device Identifiable Information

We automatically collect and store certain information when you use the Service, such as your Internet Protocol (IP) address, your operating system, the browser type, device identifier, the address of a referring website and your activity on the Service. We treat this information as Personal Information unless it is aggregated or de-identified or is otherwise unable to be associated with a particular individual or household.

We may also automatically collect and store certain information through the use of “cookies” or “web beacons.”  When you visit the Service, we may assign your computer one or more cookies to facilitate access to the Service and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on the Service, such as the web pages you visit, the links you click, and the searches you conduct on the Service. For additional information on how we use cookies, please see our [Cookies Policy].  Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered through our Service.  

We may also use other tracking technologies, such as “web beacons” or other similar technologies, to track your use of the Service. We may also include web beacons and other similar technologies in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the Service for our visitors, to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

We may allow third parties, including our authorized service providers, vendors, building owners and managers, merchants, our other companies, advertising companies, and ad networks, to display advertisements within the Service or provide other services in connection with the Service. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities.  The Service does not currently support Do Not Track requests at this time.

How Do We Use the Personal Information We Collect?

We use Personal Information for the purposes described in this Policy or elsewhere within our Service or as otherwise disclosed to you at the time the Personal Information is collected or as permitted by law. For example, we may use Personal Information we collect:

to provide the Service or any information you request, and to process and complete any transactions you initiate;

to respond to your emails, submissions, questions, comments, requests, and complaints and to provide customer service;

to monitor and analyze Service usage and trends, and to personalize and improve the Service and our users’ experiences with the Service, such as providing, content, or features that match their profiles or interests, and to increase the Service’s functionality and user friendliness;

facilitate the operation, maintenance and improvement of the Services, our business operations, and internal record keeping;

to enforce our Terms and Conditions of Use, including this Policy;

to help us make e-mails more useful and interesting, we often receive a confirmation when you open an e-mail from the Service if your computer supports such capabilities;

to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Service;

to facilitate a business transaction or other interaction between you and a third party with whom you intend to interact, including building owners and managers as well as merchants;

to process payment for any purchases or sales made on our site or by phone, enroll you in any discount, rebate, and other programs in which you elect to participate, to pre-qualify you for payment processing services or credit card and other offers that you might find of interest, and to protect against or identify possible fraudulent transactions;

for any other purpose for which the information was provided by you;

for other purposes to which you have consented; and

as otherwise authorized or required by law.

We also may use, disclose or otherwise transfer and assign your information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our customers, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.

To third parties in connection with a business transaction involving our company, such as the sale of our business, a divestiture, merger, consolidation, asset sale, or the like or in the unlikely event of bankruptcy.

Direct Marketing

Direct marketing involves communicating directly with you for the purpose of promoting our services or the goods or services of third party organizations.  We may also communicate with you for the purpose of providing you with special offers. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS.

We may use and disclose your Personal Information for the purpose of direct marketing to you where (a) you have consented to us doing so, or (b) it is otherwise permitted by law.

What Personal Information Do We Share?

We will not share the Personal Information we collect from you through the Service or our services with third parties, except as described in our Policy or as otherwise disclosed to you as permitted by law. For example, we share Personal Information as follows:

with service providers who are working with us in connection with the operation of the Service;

to our subsidiaries and affiliates, defined as any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with us;

when you give us your consent to do so, including if we notify you through the Service that the information you provide will be shared in a particular manner and you provide such information;

to facilitate a business transaction or other interaction between you and a third party with whom you intend to interact, including building owners and managers as well as merchants;

when we are lawfully authorized or required to do so or where doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;

to enforce or apply this Policy, our Terms and Conditions of Use or our other policies or agreements;

in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as one of the business assets of us;

in the unlikely event of bankruptcy; and

otherwise as permitted or required by law.

When we provide your Personal Information to a service provider, we will (1) contractually restrict such service providers from disclosing your Personal Information to third parties and (2) contractually limit such service providers’ ability to use your Personal Information for reasons other than those which are necessary in connection with their designated functions.  

When we provide your Personal Information to a building owner or manager, merchant or other third party with whom you intend to interact, we will contractually restrict such third parties from “selling” your Personal Information, but your Personal Information will otherwise be subject to the privacy policies and practices of such third parties.  Personal Information disclosed to third parties will be subject to such third parties’ policies and procedures for using and disclosing Personal Information. Those policies and procedures will govern the use, handling and disclosure of your Personal Information once we have shared it with those third parties as described in this Policy. If you want to learn more about the privacy practices of any third parties, we encourage you to visit their websites or to otherwise contact those third parties. These entities or their servers may be located either inside or outside the United States.

We do not have any responsibility for any Personal Information you provide directly to any third parties.

Transfer to Other Countries

We may transfer, process and store information about our users on servers located in a number of countries. Accordingly, we may share your information with other companies in the Equiem group in order to carry out the activities specified in this Policy.  Equiem may also subcontract processing to, or share your information with, third parties located in countries other than your home country. Your Personal Information may therefore be subject to privacy laws that are different from those in your country of residence, and you may have fewer legal rights in relation to your information in certain countries. The Equiem group will process your information as described in this Policy.

Links to Other Sites

The Service may contain links to other sites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party’s Policy. Our Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these sites or any other sites that are linked to from the Service.

How Do We Store and Secure Personal Information?

We store Personal Information on computer databases and/or in hard copy and will take reasonable commercial physical and electronic security measures to protect your Personal Information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.

Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.  As a result, you acknowledge and agree that our system may not be completely secure including, but not limited to the following: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Service cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party and (d) you provide information to us at your sole risk.  Except to the extent that liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of unauthorized access to, disclose of, misuse or loss or corruption of your Personal Information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

We destroy Personal Information in a secure manner when we no longer need it and after a transaction, your private information (credit cards, personal information, financials, etc.) will not be stored on our servers.

What Choices Do You Have Regarding Direct Marketing?

You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at support@getequiem.com. It may take up to 20 days for us to process an opt-out request.  If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.  

What are My Rights to My Information?

All Users: Choices and Controls

We believe you should have the ability to access and edit the information that you have provided to us.  You may seek access to Personal Information which we hold about you by contacting us as described below.  We will provide access to such information, subject to certain exemptions which may apply.  We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your Personal Information.  We encourage you to promptly update your account information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Service. In addition, it may be impossible to completely delete your information without retaining some residual information because of backups.  Please note that the rights provided under this section are in addition to, and not in lieu of, the rights set forth below, which are provided to California residents.

If you become aware that any Personal Information we hold about you is incorrect or if you wish to update your information, please contact us at support@getequiem.com.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like a copy of this notice, please contact us by email at privacy@getequiem.com or by mail at Equiem USA LLC, PO BOX 4668 #24248, New York NY 10163 - 1668. Please note that not all information sharing is covered by the “Shine The Light” requirements and only information on covered sharing will be included in our response. Under California law, businesses are only required to respond to a request once during any calendar year.

In addition, if you are a California resident, then you also have the following rights under the California Consumer Privacy Act ("CCPA”) regarding your Personal Information. We will not discriminate against you for exercising any of your California data privacy rights. Unless permitted by law, we will not deny you goods or services; charge you different prices or rates for goods or services; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Right to Know

You have the right to know and see what Personal Information we have collected about you over the past 12 months, including:

•        The categories of Personal Information we have collected about you;

•        The categories of sources from which the Personal Information is collected;

•        The business or commercial purpose for collecting your Personal Information;

•        The categories of third parties with whom we have shared your Personal Information; and

•        The specific pieces of Personal Information we have collected about you.

Right to Delete

Subject to certain exceptions provided by CCPA, you have the right to request that we delete the Personal Information we have collected from you (and direct our service providers to do the same).

To exercise your access or deletion request rights, please contact us by email at privacy@getequiem.com or by mail at Equiem USA LLC, PO BOX 4668 #24248, New York NY 10163 - 1668.  Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. you may only make a verifiable consumer request for access twice within a 12-month period. the verifiable consumer request must:

•        provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and

•        describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will not be able to respond to your request or provide you with specific pieces of Personal Information if we cannot verify your identity and authority to make the request.

Sales of Personal Information

We do not “sell” (as defined in the CCPA) any Personal Information.

Terms and Conditions

Please also visit our Terms and Conditions of Use, which establish the use, disclaimers, and limitations of liability regarding the use of the Service at https://archive.equiem.com.au/legal

Miscellaneous Provisions

You must be at least 18 years old to have our permission to use the Service. Our policy is that we do not knowingly collect, use or disclose any Personal Information about visitors that are under 18 years of age.

You should also be aware that when you voluntarily disclose information (i.e., your name, e-mail address, etc.) in any discussion forums, chat rooms, blogs or other public areas on the Service, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control, and this Policy does not apply to such information. Any submissions to discussion forums, chat rooms, blogs or other public areas on the Service are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you are online.

This Policy is intended to cover collection of information on the Service from residents of the United States. If you are located outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Service, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

How to Contact Us

If you have any questions, comments or complaints about our Policy and collection, use or disclosure of Personal Information, or would like to access or correct any Personal Information we hold about you, please contact us by email at privacy@getequiem.com or by mail at Equiem USA LLC, PO BOX 4668 #24248, New York NY 10163 - 1668.

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