Privacy Policy

V. U.S. State Privacy Rights

If you are a resident of California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Iowa, Delaware, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota, Maryland, Indiana, Kentucky, Rhode Island or another state with a similar comprehensive consumer privacy law (collectively, “Covered States”), you may have specific rights regarding your personal information (sometimes called personal data) under: the California Consumer Privacy Act (“CCPA”), Virginia Consumer Data Protection Act, Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, Texas Data Privacy and Security Act, Oregon Consumer Privacy Act, Montana Consumer Data Privacy Act, Iowa Consumer Data Protection Act, Delaware Personal Data Privacy Act, Nebraska Data Privacy Act, New Hampshire Data Privacy Act, New Jersey Data Privacy Act, Tennessee Information Protection Act, Minnesota Consumer Data Privacy Act, Maryland Online Data Privacy Act, Indiana Consumer Data Protection Act, Kentucky Consumer Data Protection Act, Rhode Island Data Transparency and Privacy Protection Act and other applicable laws (collectively, "State Privacy Laws"). This section describes the rights that consumers of Covered States have and explains how to exercise those rights. To be clear, these rights are granted only to the extent that you are considered a consumer of a Covered State and we are acting as a “controller” or “business” (as applicable) under State Privacy Laws with respect to your personal information.

Information We Collect; How We Collect It; How We Use It

General information regarding our collection, use, and disclosure of personal information is set forth in the Privacy Policy above.

Rights to Your Information

1. Right to Know. You have the right to request that we disclose certain information to you about our collection, use, or disclosure of your personal information. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:
   • The categories of personal information we collected about you.
   • The categories of sources from which the personal information is collected.
   • Our business or commercial purpose for collecting, selling, or sharing that personal information.
   • The categories of third parties with whom we disclose personal information.
   • The specific pieces of personal information we collected about you (see Data Portability below).

   Residents of Minnesota or Oregon have the right to: (i) confirm additional information about the categories of personal data we have processed about them; and (ii) obtain a list of third parties to which we have disclosed the personal data of Minnesota or Oregon consumers, subject to certain exceptions. Residents of Delaware or Maryland have the right to obtain a list of the categories of third parties to which we have disclosed the personal data of Delaware or Maryland consumers.

2. Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under State Privacy Laws, such as detecting security incidents and protecting against fraudulent or illegal activity.
3. Right to Data Portability. You have the right to request a copy of personal information we have collected and maintained about you. State Privacy Laws may allow you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.
4. Right to Correct. You have the right to request the correction of any personal information we maintain about you.
5. Right to Opt Out. We do not disclose your personal information to third parties for targeted advertising (also called “sell” or “share” under the CCPA). We do not sell your personal information by itself to other parties for money.
6. Right to Non-Discrimination. We will not discriminate against you for exercising any of your State Privacy Laws rights.
7. Exercising Your Rights. To exercise the rights described above, please contact us by emailing [email protected]. After submitting a request, we will take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name, email address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request. Opt-out requests are not subject to verification (absent any suspected fraud).

   Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you to also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer's behalf.

   We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, State Privacy Laws may allow us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.

California “Shine the Light”

In addition to the above rights, under California Civil Code Section 1798.83 (“Shine the Light”), California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at [email protected]. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at [email protected].

VI. European Privacy Rights

EUROPEAN PRIVACY RIGHTS

IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

References to the “GDPR” throughout this section include, as applicable: the EU General Data Protection Regulation 2016/679; the UK Data Protection Act 2018 and the GDPR as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; and the Swiss revised Federal Act on Data Protection, SR 235.1, effective September 1, 2023.

Legal Basis

We will only use your personal data, as that term is defined under the GDPR, when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where you have consented to a certain use of your personal data.
• Where we need to comply with a legal or regulatory obligation.

Data Controller

Brand Reward Inc. is the data controller of all personal data collected through this Service.

Provision of personal data and failure to provide personal data

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

Withdrawing your consent

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at [email protected].

Data Transfer

We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain vendors, we may use specific contracts approved by the European Commission or the UK Secretary of State which give personal data the same protection it has in Europe. For more information about how we transfer your data, please contact us at [email protected].

Use of your personal data for marketing purposes

We may use your personal data for marketing purposes, including to form a view on what we think may be of interest to you, and to decide which products, services, and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us or used our services and, in each case, if you have consented to our use of your personal data for marketing purposes.

Data Subject Rights

If you are situated in the EEA, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. This right may also apply where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your data in the scenarios described in the Privacy Policy.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
• Withdraw consent at any time where we are relying on consent to process your personal data. This will not affect the lawfulness of processing carried out before you withdraw consent.
• Lodge a complaint with a supervisory authority. If you are situated in the EEA, Switzerland, or the UK and have complaints regarding our privacy practices, you have the right to make a complaint to your local supervisory authority.

To exercise your rights under the GDPR or to submit a complaint regarding our privacy practices, please contact us at [email protected]. In order for you to assert your data subject rights, we may need to verify your identity. This is a security measure to ensure that your personal data is not wrongfully modified or deleted, or disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

VII. Security

Data privacy is very important at Elevate Network. There are strict technological and physical company protocols to ensure data is kept internal and for the sole purposes as discussed in our Privacy Policy. PI Data is especially important and sharing is restricted and requires full-consent from the individual user. Please note that there may be instances of hardware or software failure and other uncontrollable factors that may still present a risk for Elevate Network to compromise NPI and PI Data security. Use of the Elevate Network Services means acknowledgement of this risk. If you believe that NPI or PI Data has been shared without consent, please contact us here.

VIII. Data stored in United States

Our services are provided from the United States. If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in the United States.

IX. CHANGES TO PRIVACY POLICY

Elevate Network retains the right to modify or replace terms within this Privacy Policy at any time or on an ad hoc basis. Indication of any such modifications or replacements within this Privacy Policy will be through email communication and through the Service.