Privacy Policy

PRIVACY POLICY

Last updated: 10/26/2022

INTRODUCTION

At Ivory Consulting Corporation (“Ivory”, or “we,” “us,” or “our”), provider of the www.ivorycc.com website (the “Website”), we respect the importance of your privacy, and we are committed to taking steps to ensure that your personal information is kept strictly confidential. We believe that you should know what information about you is collected when you use our Website, as well as how that information is used, maintained and, in some cases, shared. Therefore, we have created this Privacy Policy (“Privacy Policy”) to set forth our privacy practices and policies.

For the purposes of European Union data protection laws ("Data Protection Law") and this Privacy Policy, Ivory is a data controller (i.e., who is responsible for, and controls the processing of, your personal data).

This policy applies to information we collect:

• On this Website;
• Through browser-based, Salesforce.com or desktop applications or services you download or access from our Website (“Website applications”);
• In email, text and other electronic messages between you and Ivory through or regarding this Website or Website applications;
• When you ask us to troubleshoot issues with the Website or Website applications; and
• When you interact with our advertising and applications on third-party websites and services (including Salesforce.com), if those applications include links to this policy.

It does not apply to information collected by:

• Ivory offline or through any other means, including on any other websites operated by Ivory or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

BY USING OR ACCESSING IN ANY WAY THE WEBSITE AND/OR THE WEBSITE APPLICATIONS, OR BY TRANSMITTING INFORMATION TO US BY EMAIL OR OTHER ELECTRONIC MEANS, YOU ASSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE OR WEBSITE APPLICATIONS, OR OTHERWISE ENGAGE IN THESE ACTIVITIES.

DISCLOSURES SPECIFIC TO IVORY SERVICES

In the course of providing our financial analysis and asset management software applications and services, our consulting services and our training (collectively, “Services”) to customers (“Customers”), Ivory may collect personal information under the direction of its Customers and has no direct relationship with those individuals whose personal data it processes in such circumstances. We will use and disclose your personal information as provided in our agreement regarding such Services with the Customer, which may differ from the terms of this Privacy Policy. If you are an employee, contractor, agent, and/or user of one of our Customers and would like more information about our use and disclosure of your information, or if you wish to correct, amend or delete inaccurate data, please contact that Customer.

LINKS TO THIRD PARTY SITES

Our Website may contain links to other websites, applications and services maintained by third parties. The information practices of such other services are governed by the third-party privacy statements, which we encourage you to review to better understand those third parties’ privacy practices.

INFORMATION COLLECTION AND USE

When you use the Website, including Website applications (such as online training, software and documentation downloads, software activations, requesting information or registering for events), or when you correspond with Ivory regarding the Website or Website applications, we will collect or obtain certain personal information from you -

• Personal Contact Information. We collect basic information about you (including your name, telephone number, time zone, type of computer you use and e-mail address) in order to be able to process and notify you about your request, to provide service and support, to operate and improve our business and Services, and to communicate with you, including for marketing purposes. For information about updating your communication preferences, please see “Promotional Communications” below. We will share this information with our Service Providers who need it for these purposes. We will not sell or provide this information to a third party for their own marketing purposes unless we obtain your consent.
• Device and Usage Data. We use common information-gathering tools, such as log files, cookies, web beacons and similar technologies to automatically collect information, which may contain details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website (behavioral tracking). We also collect information about your computer and Internet connection, including your IP address, operating system and browser type. For more detailed information, please see “Information Gathering Tools” below.
• Evaluation and Feedback. From time to time, we may ask users of the Website or Website applications to evaluate Ivory or our Services. The completion of this evaluation is at your discretion; if you choose to submit your evaluation to us, it will be used internally by Ivory, and will be shared with third parties who provide services to us (“Service Providers”) who process statistical information but not with any other third party unless otherwise provided in this Privacy Policy. If you provide us with your own comments about our Services, we may use your comments in our marketing and promotional materials and/or on the Website only after you have given us permission to do so.

LEGAL BASIS FOR PROCESSING IN THE EUROPEAN UNION ("EU")

In the EU, the purposes for which we process your personal data are:

1. the provision of personal data by you may be necessary for the performance of any contractual relationship we have with you;
2. where it is necessary for compliance with our legal obligations as set forth in EU law;
3. for our legitimate interests (this includes our own legitimate interests and those of other entities and branches in our group of companies) such as the following (provided these are not overridden by your interests and fundamental rights and freedoms):
   • a) to contact you and respond to your requests and enquiries;
   • b) for business administration, including statistical analysis;
   • c) to provide the Website and Services to you;
   • d) for fraud prevention and detection; and
   • e) to comply with applicable laws, regulations or codes of practices.

We may also process your personal data on the basis of your consent. You should be aware that you are entitled under Data Protection Law to withdraw your consent where that has been given, at any time. If you do this and we have no alternative lawful reason to process your personal data, this may adversely affect your ability to access and use the Website and/or the Services.

INFORMATION GATHERING TOOLS

We and our third-party partners may collect personal information using cookies, which are small files of letters and numbers that we store on your browser or the hard drive of your computer. They contain information that is transferred to your computer’s hard drive. We and our third-party partners may also use pixel tags and web beacons on our Website. These are tiny graphic images placed on web pages or in our emails that allow us to determine whether you have performed a specific action. We use cookies, beacons, invisible tags, and similar technologies (collectively “Cookies”) to collect information about your browsing activities and to distinguish you from other users of our Website. This aids your experience when you use our Website and allows us to improve the functionality of our Website. Cookies can be used for performance management (i.e., collecting information on how our Website is being used for analytics purposes). They can also be used for functionality management, enabling us to make your visit more efficient by, for example, remembering language preferences, passwords, and log-in details.

Below is an overview of the types of Cookies we and third parties may use to collect personal information.

• Strictly Necessary Cookies. Some Cookies are strictly necessary to make our Website available to you. We cannot provide you with our Website without this type of Cookie. We use the following necessary Cookies:

• Functional Cookies. Functional Cookies are used to recognize you when you return to our Website. This enables us to adapt our content for you and remember your preferences. For example, we use functional Cookies to remember your choice of language or region. We use the following functional Cookies:

• Analytical or Performance Cookies. We also use Cookies for website analytics purposes in order to operate, maintain and improve our Website. We may use our own analytics Cookies or use third-party analytics providers such as Google Analytics. Google uses the data collected to track and monitor the use of our Website. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245. We also use Pardot Cookies. For more information on the privacy practices surrounding the use of Pardot Cookies, please visit the Salesforce Cookies and Activity Tracking in the Pardot web page: https://help.salesforce.com/s/articleView?id=sf.pardot_basics_cookies.htm&type=5. These providers may also collect information about your use of other websites, apps, and online resources. We use the following analytical or performance Cookies:

You can block Cookies by setting your internet browser to block some or all Cookies. However, if you use your browser settings to block all Cookies (including Strictly Necessary Cookies) you may not be able to access all or parts of our Website. You can change your browser settings to block or notify you when you receive a Cookie, delete Cookies or browse our Website using your browser’s anonymous usage setting. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings. If you do not agree to our use of Cookies or similar technologies which store information on your device, you should change your browser settings accordingly. You should understand that some features of our Website may not function properly if you do not accept Cookies or these technologies. Where required by applicable law, you will be asked to consent to certain Cookies and similar technologies before we use or install them on your computer or other device.

PROMOTIONAL COMMUNICATIONS

We may contact you with special offers, promotional deals, newsletters, other marketing announcements regarding Ivory and our service offerings. If you wish to opt-out any such promotional communications, simply contact sales@ivorycc.com or select the “unsubscribe from email” located at the bottom of the email you received from Ivory.

INFORMATION SHARING AND DISCLOSURE

• Service Providers. Ivory uses Service Providers to perform certain of the technical processing, administration and support of the Website and Services. Such Service Providers generally are permitted to use and disclose your personally identifiable information only as provided in this Privacy Policy. However, with respect to certain services, some Service Providers may have their own privacy policies that will apply to their use or disclosure of your information obtained through those services. You will be notified of any other privacy policies or terms when you sign up for these services.
• Others. Ivory and its Service Providers reserve the right to disclose information about you, including the content of your communications through the Website, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Ivory, its providers, suppliers and licensors or other clients or third parties; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Ivory, its providers, suppliers and licensors or other clients or third parties.

INFORMATION RETENTION

Ivory will retain your personal information as needed to (a) fulfill the purposes for which it was collected or obtained, (b) comply with our business requirements or legal obligations, (c) resolve disputes, (d) protect our assets and interests; and, (e) enforce our rights and agreements.

For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data, except if required otherwise by law.

LINKS TO OTHER SITES

The Website contains links to third party sites that are not owned or controlled by us. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies only to information collected, retained and accessed by the Website, including services available through the Website. In addition, certain Service Providers may have their own privacy policies that will apply to certain services, as described above.

SECURITY

We take precautions including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal information we process or use. While we follow generally accepted standards to protect personal information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of the Website, Website Applications and Services after your sessions. If you have any questions about the security of our Website, please email us at support@ivorycc.com.

BUSINESS TRANSITION

In the event that Ivory goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred. Ivory does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this Privacy Policy.

CONSENT TO TRANSFER AND PROCESSING

Personal information collected through the Website and/or the Services may be stored and processed in the United States or in any other country in which Ivory or its providers (or its or their affiliates or providers) maintain facilities. By using the Website and/or the Services, you consent to any such transfer and processing of information outside of your country. If you are located in the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Policy. Such transfers are made pursuant to appropriate safeguards. If you wish to enquire further about these transfers, please contact us using the details set out at the end of this Privacy Policy.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Website or otherwise providing personal information to us, you agree that we may communicate with you electronically (including by posting a notice on the Website or by sending you an email) regarding security, privacy and administrative issues relating to such use, including but not limited to, notifying you of a security breach.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties. If you are a California resident and you wish to make such a request or have any questions about Ivory's information sharing practices, you may contact us by sending us an email at sales@ivorycc.com or by postal mail at Ivory Consulting Corporation, Attention: Scott Thacker, CEO, 325 Lennon Lane, Walnut Creek, CA 94598.

FOR RESIDENTS IN THE EU AND SWITZERLAND

If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:

• a) Right to object. YOU HAVE A RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR ANY REASON WHATSOEVER.
• b) Right of access. The right to obtain access to your personal data.
• c) Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
• d) Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
• e) Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
• f) Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy. Please note that if you do exercise one of these rights, your ability to access or use the Website and/or Services may be impaired.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at the regulatory site.

CHILDREN’S PRIVACY

If you are under the age of 13, please do not use or access the Website and/or Services in any way. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

TERMS OF USE

Your use of the Website and its services is governed by our then-current Terms of Use.

CHANGES TO THIS POLICY

Ivory may update this Privacy Policy from time to time, and when we do, we will also revise the “last updated” date at the top of this Privacy Policy. If we consider any change to this Privacy Policy to be material, we will place a prominent notice on the Website or we may notify you directly by e-mail, at our discretion. Changes are effective upon posting to the Website, unless we say otherwise in our notice, so please check this site often for changes.

UPDATING YOUR INFORMATION; QUESTIONS

You may view or edit your personal information online by accessing your account for the Website at www.ivorycc.com, using your user name and password for the Website.  Please feel free to contact us at sales@ivorycc.com, to assist in updating your personal information or if you have any questions regarding this Privacy Policy.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Website, please contact us at sales@ivorycc.com.