Privacy Policy

Privacy Policy

Last updated July 22, 2020

Thank you for choosing to be part of our community at Enthalpy Analytical (“Company”, “we”, “us”, or “our”). We are committed to protecting your Personal Information (defined below) and your right to privacy. If you have any questions or concerns about this privacy notice (“Privacy Notice”), or our practices with regards to your Personal Information, please contact us at 1 Park Plaza, Suite 1000 Irvine, CA 92614.

When you visit our website https://enthalpy.com/ (the “Website“), and more generally, use any of our services (the “Services“, which include the Website), we appreciate that you are trusting us with your Personal Information. We take your privacy very seriously. In this Privacy Notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it.

We hope you take some time to read through it carefully, as it is important. This Privacy Notice constitutes a legally binding agreement between you and the Company that conditions your interaction with our Services, where and as permitted by applicable law.  If there are any terms in this Privacy Notice that you do not agree with, please discontinue use of our Services immediately.  We reserve the right to terminate or limit your access to our Services.

This Privacy Notice applies to all information collected through our Services (which, as described above, includes our Website), as well as any related services, sales, marketing or events.

Please read this Privacy Notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

  1. WHAT INFORMATION DO WE COLLECT?
  2. HOW DO WE USE YOUR INFORMATION?
  3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  5. WE DO NOT SELL YOUR PERSONAL INFORMATION
  6. HOW LONG DO WE KEEP YOUR INFORMATION?
  7. HOW DO WE KEEP YOUR INFORMATION SAFE?
  8. DO WE COLLECT INFORMATION FROM MINORS?
  9. WHAT ARE YOUR PRIVACY RIGHTS?
  10. CONTROLS FOR DO-NOT-TRACK FEATURES
  11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  12. DO WE MAKE UPDATES TO THIS NOTICE?
  13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
  1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short:  We collect Personal Information that you provide to us.

In order to better provide you with Services, we may collect, process, and store Personal Information about you.

For the purposes of this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, device or household.  It does not include de-identified or aggregate information, or public information lawfully available from governmental records.

We collect Personal Information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.

The Personal Information that we collect depends on the context of your interactions with us and the Website, the choices you make, and the products and features you use, whether as a consumer, employee, or prospective employee. The Personal Information we collect may include the following:

Personal Information Provided by You. We may collect and have collected in the past 12 months names; phone numbers; email addresses; mailing addresses; location; work and education information; work authorization status; references; and other similar information.

All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

Personal Information automatically collected

In Short:  Some Personal Information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect Personal Information through cookies (small text files that are placed on your device when you browse our website and online portal) and similar technologies.  You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools. If you do so, our Website may not function correctly. Please refer to the Help feature of your browser for information on disabling cookies.

The Personal Information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”) and hardware settings).
  • Device Data. We may collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.
  • Location Data. We may collect information data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Locations settings on your device.
  1. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your Personal Information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use Personal Information collected via our Website for a variety of business purposes described below. We process your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the Personal Information we collect or receive to:

  • Send you marketing and promotional communications. We and/or our third-party marketing partners may use the Personal Information you send to us for our own marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect Personal Information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
  • Improve our Services.  We may use your Personal Information to ensure that content from our Website is presented most effectively to you and your device and measure interest in various parts of the Website and products.
  • Research and Development.  We may use your Personal Information for research and development, processing historical scientific or statistical purposes, and performing activities carried out in the public interest.
  • Employment purposes.  We may use your Personal Information to process your employment and/or employment candidacy.

We also use Google Analytics, a tool operated by Google Inc. to help us analyze how users use our Website. Google Analytics uses “cookies,” which are text files placed on your computer to collect standard internet log information and user behavior information (See Section 4 below for more information on our use of Cookies). We use the information provided from Google Analytics to evaluate visitor use of our Website and to consider improvements.

Google Analytics provides us with information by collecting the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with Personal Information.

Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use which you may find here.  To find out more about Google’s Privacy Policy, please refer to this link.

  1. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share Personal Information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your Personal Information in a specific purpose.
  • Legitimate Interests: We may process your Personal Information when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your Personal Information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your Personal Information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  • Third Party Service Providers/Vendors: We may disclose your Personal Information to our partners or third party vendors with your consent or as your direct; to manage and improve our Website; to process payments and requests for products and services; to engage in marketing activities; to enhance our Services through, among other things, analytics and other technologies; to participate in customer surveys or contests; and to protect against and prevent fraud, illegal activity, and claims and other liabilities.

More specifically, we may need to process your data or share your Personal Information in the following situations:

  • Business Transfers. We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. You can manage your cookies through your browser settings. Alternatively, the following link provides instructions on how to manage your cookie preferences: http://www.aboutads.info/choices/.

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice which can be found here.

  1. WE DO NOT SELL YOUR PERSONAL INFORMATION.

We have not disclosed or sold any Personal Information to third parties for a business or commercial purpose in the preceding twelve (12) months and will not sell Personal Information in the future belonging to website visitors, users and other consumers.

  1. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your Personal Information for no longer than necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

  1. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your Personal Information through a system of reasonable organizational and technical security measures.

We have implemented reasonable and appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Website is at your own risk. You should only access the Website within a secure environment.

  1. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect Personal Information from or market to children under 18 years of age.

We do not knowingly solicit Personal Information from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that Personal Information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any Personal Information we may have collected from children under age 18, please contact us at info@enthalpy.com.

  1. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  In some regions, such as the European Economic Area, you may have rights that allow you access to and control over your Personal Information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your Personal Information, (ii) to request rectification or erasure; (iii) to restrict the processing of your Personal Information; (iv) to object to the processing on grounds relating to your particular situation; and (v) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your Personal Information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

If you are resident in the European Economic Area and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

In order to exercise any of your rights, or if you have any other questions about our use of your Personal Information, please contact us at the contact details specified in the section “How Can You Contact Us?”.  We will respond to your request as soon as reasonably practicable and within the deadline imposed by applicable laws.

  1. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

  1. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding your Personal Information.

California “Shine The Light”

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.

California Consumer Privacy Act Privacy Notice

The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their Personal Information. This section explains these rights and how to make a verifiable consumer request to exercise those rights. You may only make a verifiable consumer request for access to your Personal Information to us twice within a 12 month period, free of charge. You also may request a list of the third parties to whom we have disclosed your Personal Information (if any), as well as the type of Personal Information disclosed to those parties.

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, certain rights and obligations apply regarding your Personal Information.

What categories of Personal Information do we collect?

We have collected the following categories of Personal Information in the past twelve (12) months:

Category Examples Collected
A. Identifiers Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name YES
B. Personal information categories listed in the California Customer Records statute Name, contact information, education, employment,

employment history and financial information

YES
C. Protected classification characteristics under California or federal law Gender and date of birth YES
D. Commercial information Transaction information, purchase history, financial details and payment information YES
E. Biometric information Fingerprints and voiceprints NO
F. Internet or other similar network activity Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements YES
G. Geolocation data Device location YES
H. Audio, electronic, visual, thermal, olfactory, or similar information Images and audio, video or call recordings created in

connection with our business activities

YES
I. Professional or employment-related information Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us YES
J. Education Information Student records and directory information YES
K. Inferences drawn from other Personal Information Inferences drawn from any of the collected personal

information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

NO

 

We may also collect other Personal Information outside of these categories in instances where you interact with us in-person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries

How do we use and share your Personal Information?

More information about our data collection and sharing practices can be found in this Privacy Notice.

You may contact us by email at info@enthalpy.com, by calling 949-988-7390, by visiting https://enthalpy.com/contactus/, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your Personal Information with our service providers pursuant to a written contract between us and each service provider.

Your rights with respect to your Personal Information

Right to request deletion of the data – Request to delete

You can ask for the deletion of your Personal Information. If you ask us to delete your Personal Information, we will respect your request and delete your Personal Information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

  • whether we collect and use your Personal Information;
  • the categories of Personal Information that we collect;
  • the purposes for which the collected Personal Information is used;
  • whether we sell your Personal Information to third parties;
  • the categories of Personal Information that we sold or disclosed for a business purpose;
  • the categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and
  • the business or commercial purpose for collecting or selling Personal Information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify Personal Information to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use Personal Information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

You can designate an authorized agent to make a verified request under the CCPA on your behalf, only if the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

How California Residents Can Exercise Their Rights

To exercise these rights, you can contact us by email at info@enthalpy.com, by calling toll-free at 949-988-7390, by visiting https://enthalpy.com/contactus/, or by referring to the contact details at the bottom of this document. We will first acknowledge receipt of your request within 10 business days after receipt of your request.  We will provide a substantive response to your request within 45 calendar days after its receipt.  If we require more time (up to 90 days or the permitted timeframe), we will inform you of the reason and extension period in writing. If you have a complaint about how we handle your Personal Information, we would like to hear from you.

  1. DO WE MAKE UPDATES TO THIS NOTICE?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update and reserve the right to make changes to this Privacy Notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@enthalpy.com, telephone us at 949-988-7390, or contact us by mail at:

1 Park Plaza, Suite 1000
Irvine, CA 92614
United States

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