Privacy Policy

Online Privacy Policy

This Echo360 Online Privacy Policy (the “Privacy Policy”) is an integral part of the Echo360 Online Terms and Conditions (the “Terms”) and describes how Echo360 collects, uses and discloses certain information related to software services and online services (the “Services”) that may be accessible at www.echo360.com or other Web locations where the Terms are posted (collectively, the “Echo360 Sites”) or that may be directly accessible by individual end users of our various software products through a link that we provide within those products. The Echo360 Sites and Services may contain links to other sites at which Personal Data (as defined below) is collected. In such instances, unless expressly provided to the contrary, the collection and use of your Personal Data will be governed by the privacy policies applicable to those sites. Those privacy policies should identify the entity(ies) collecting your Personal Data.

Capitalized terms used in this Privacy Policy have the meanings stated in the Terms unless otherwise defined herein. If you have objections to the Privacy Policy, you should not access or use the Echo360 Sites or our Services. This Privacy Policy does not govern any Echo360 web sites that are not subject to the same Terms.

Collection and Use of Personal Data

Personal Data, as used herein, and as defined in the EU Data Protection Directive 95/46 EC, means any information relating to an identified or identifiable natural person and refers to any information that identifies, directly or indirectly, or that can be used to identify, contact, or locate the person to whom such information pertains. Examples of Personal Data include name, contact information, financial account information, and computer IP address, amongst others.

Echo360 collects your Personal Data and other information in order to record and support your participation in the Services or activities you selected and to better understand your needs. Your engagement in online discussions, downloading software, ordering Services, or other similar actions may require you to provide Personal Data to Echo360.

In its provision of Services, Echo360 may collect the following information:

  1. first and last name
  2. contact information such as email address
  3. credit card or other financial account information
  4. information about the use of Echo360 Sites and Services, such as the types of services used, how many users we receive daily, and technical and routing information about your computer
  5. Environmental variables, such as browser type, operating system, computer’s IP address, and CPU speed

Please note that the above list is not meant to be an exhaustive list of information collected by Echo360.

We collect environmental variables to facilitate and track your use of Echo360 Sites and Services as well as to measure traffic patterns upon Echo360 Sites and usage patterns of our Services. This information may include Personal Data, or we may collect it in aggregate form, without identifying any user individually. Personal Data may be used or disclosed as described in this Privacy Policy. Echo360 owns any aggregate, non-identifying statistical data collected and may use it for any lawful purposes, including statistical analysis, marketing, or similar promotional purposes.

Provision of the Personal Data to Echo360 listed above is not required. However, where this information is necessary for Echo360 to provide the Services and you choose not to provide it, you will be unable to enjoy the benefit of the Services.

Transfer and Storage of Personal Data

When you submit Personal Data to Echo360 through an Echo360 Site or through the Services, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Echo360 and its affiliates and subsidiary entities maintain facilities, including, without limitation, the United States, Ireland and Singapore. Where such information is transferred from a European Union (“EU”) individual to the United States, Echo360 will abide by the Principles of the EU-US Privacy Shield, as more fully described below.

EU US Privacy Shield

Echo360 and its affiliated and subsidiary entities comply with the EU-US Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Data transferred from the European Union to the United States. Echo360 has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access and Recourse, Enforcement and Liability. To learn more about the Privacy Shield Program, and to view our certification, please visit https://www.privacyshield.gov/.

Echo360’s participation in the Privacy Shield applies to Personal Data received in the United States from European Union (“EU”) customers and users of the Web Site and Services.

Echo360 complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU, including the onward transfer liability provisions. Echo360 ensures that all such third parties receive information only as described in the Section entitled “Disclosure to Third Parties” and shall remain liable for any loss, claim or damage (“Loss”) arising from such Personal Data transferred to an Echo360 third party acting as an agent on Echo360’s behalf, except to the extent Echo360 can show it was not responsible for the events giving rise to the Loss.

Under the Privacy Shield, you have an opportunity to opt out of Echo360’s collection of Personal Data where (i) Echo360 discloses your information to a third party, or (ii) where information will be used in a manner materially different from that which it was originally collected. For the avoidance of doubt, Echo360 will not provide “choice” when disclosure is made to a third party that is acting as an agent to perform task(s) on behalf of Echo360. Echo360 shall always enter into a contract with such agent to protect the confidentiality and security of your Personal Data, as more thoroughly described below.

If you wish to opt-out of Echo360’s collection of your Personal Data, please reach out to the Privacy Officer listed herein below. Should you request access to, opt-out of, or revoke your consent to our collection of Personal Data, as set forth above, Echo360 may request that you provide certain information in order to confirm your identity with respect to the request. Please allow Echo360 a reasonable amount of time to comply with your request and for such request to take effect.

Echo360 does not collect any Sensitive Personal Data. Sensitive Personal Data means any information revealing race, ethnic origin, sexual orientation, political opinions or affiliations, religious beliefs, national identification and health. However, in the event the particular Services provided to you should require such collection of Sensitive Personal Data, you shall have a right to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or you subsequently authorized.

With respect to Personal Data received or transferred pursuant to the Privacy Shield, Echo360 is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Echo360 may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Echo360 has committed to refer any complaints regarding your Personal Data that have not been resolved after contacting the Echo360 Privacy Officer, as described in “Privacy Related Inquiries and Complaints,” to a dispute resolution provider. Echo360 has appointed the International Centre for Dispute Resolution (“ICDR”), a division of the American Arbitration Association (“AAA”), located in the United States, as its independent dispute resolution provider. If you do not receive timely acknowledgement for your complaint from Echo360, or if Echo360 has not addressed your complaint to your satisfaction, please contact or visit AAA at www.icdr.org for more information or to file a complaint. The services of AAA/ICDR are provided at no cost to you.

In limited circumstances, it may be possible for you to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms.

Disclosure to Third Parties

A) Echo Vendors and Authorized Third Parties

You acknowledge that in certain countries or with respect to certain activities or Services, the collection, transfer, storage, and processing of your information may be undertaken by trusted vendors or authorized third parties of Echo360. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible and the pages are being hosted by a vendor of Echo360. Such vendors and third parties are bound by contract not to use your Personal Data for their own purposes or provide it to any other third parties and are bound by the same or similar terms and conditions as set forth hereunder. Echo360 shall disclose only that information it believes in its reasonable discretion is necessary to carry out the purposes of the corresponding agreement with such third party.

B) Other Third Party Service Providers

Echo360 has established relationships with service providers whose services are available to you from Echo360 Sites, through our Services (however accessed), or from Web sites that are linked to Echo360 Sites or Services. Typically, these providers offer services that Echo360 customers might find useful, such as those that can be used in conjunction with Echo360 services and products. In order to use those services, you may be required to provide Personal Data to the providers. Unless expressly provided to the contrary, Personal Data that you provide while you are visiting a provider’s Web site will be subject to the privacy policy posted on such site, and Personal Data that you provide while on Echo 360 Sites or while using our Services in conjunction with a provider’s service will be subject to this Privacy Policy. You should be aware that our agreements with these service providers often provide that they will share with Echo360 Personal Data collected from you. In such instances, Echo360 may use this information in a manner consistent with this Privacy Policy.

C) Disclosure to Government or Public Authorities

Notwithstanding any protections to Personal herein, Echo360 may disclose Personal Data if disclosure is required by a valid and lawful order of a court or other governmental or public body having jurisdiction or to meet national security or law enforcement requirements. Echo360 will endeavor to use reasonable efforts to disclose only that which is required to comply with the request.

Special Notice to Users

SOME OF OUR SERVICES MAY BE ACCESSIBLE BY STUDENTS, FACULTY, AND OTHER PERSONS THROUGH THE WEBSITES OPERATED BY OR ON BEHALF OF EDUCATIONAL INSTITUTIONS WITH WHICH THEY ARE AFFILIATED (THE “SCHOOL SITES,” AS FURTHER DESCRIBED IN THE TERMS). FOR EXAMPLE, OUR INSTITUTIONAL CUSTOMERS (E.G., COLLEGES AND UNIVERSITIES) MAY POST A VIDEO RECORDING OF A CLASSROOM LECTURE ON THEIR WEBSITES AND MAKE THOSE VIDEOS AVAILABLE FOR VIEWING ONLINE BY STUDENTS WHO ARE MEMBERS OF THE RELEVANT CLASSES, AND INDIVIDUAL USERS MAY BE ABLE TO ACCESS SOME OF OUR SERVICES FROM THE WEB SITE(S) WHERE THOSE VIDEOS ARE POSTED. YOU UNDERSTAND THAT, WHENEVER YOU ACCESS OUR SERVICES FROM A SCHOOL SITE, YOUR USE OF THE SERVICES IS GOVERNED BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, THIS PRIVACY POLICY, AND YOUR USE OF THE SCHOOL SITE IS SUBJECT TO WHATEVER TERMS AND CONDITIONS REQUIRED BY THE EDUCATIONAL INSTITUTION WHO OPERATES THAT SITE. IN ORDER TO OFFER YOU SOME SERVICES, SUCH AS ALLOWING DISCUSSION AMONG CLASS MEMBERS OR THE TAKING OF NOTES ASSOCIATED WITH A PARTICULAR RECORDED LECTURE, WE NEED TO EXCHANGE INFORMATION WITH YOUR EDUCATIONAL INSTITUTION ABOUT YOUR USAGE, AND YOU AGREE THAT WE MAY PROVIDE YOUR PERSONAL DATA, INCLUDING INFORMATION ABOUT YOUR USE OF THE SERVICES, TO YOUR EDUCATIONAL INSTITUTION IN SUCH INSTANCES. YOU FURTHER AGREE THAT WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, YOUR EDUCATIONAL INSTITUTION’S USE OF YOUR PERSONAL DATA. SOME OF OUR SERVICES PERMIT STUDENTS TO MAKE NOTES ABOUT THEIR PARTICULAR CLASSES. WE CONSIDER THOSE NOTES TO BE YOUR PROPERTY, AND WE DO NOT PROVIDE THEM TO YOUR EDUCATIONAL INSTITUTION. HOWEVER, YOU UNDERSTAND THAT DISCUSSION GROUPS, CHAT ROOMS, AND BULLETIN BOARDS THAT MAY BE PART OF OUR SERVICES ARE NOT PRIVATE, AND ENTRIES YOU MAKE TO THOSE VENUES MAY BE ACCESSIBLE BY OTHERS.

Your Choice with Respect to Personal Data

Echo360 recognizes and appreciates the importance of responsible use of information collected on Echo360 Sites and through our Services. You may indicate to Echo360 that you do not want your Personal Data to be used by anybody for direct marketing purposes or for such other similar purpose. Furthermore, without your consent, Echo360 will not communicate any information to you regarding products, services, and special offers available from Echo360, although we may find it necessary to communicate with you regarding your use of Echo360 Sites and/or Services. Except in the particular circumstances described in this Privacy Policy, Echo360 will also not provide your name to other companies or organizations without your consent.

If you have previously agreed to us using your Personal Data for direct marketing purposes, you may change your mind at any time by writing to us.

Protection of Your Personal Data

The Personal Data that you provide in connection with registering yourself as a user of Echo360 products or services or registering an Echo360 product is classified as “Registration Information.” Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique user ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on a secure server that only selected Echo360 personnel have access to via password. Echo360 encrypts your Personal Data and thereby strives to prevent unauthorized parties from viewing such information when it is transmitted to Echo360. Personal Data that you provide that does not constitute Registration Information also resides on a secure server and is only accessible to selected Echo360 personnel via password. Since this information is not accessible by you, you will not be asked to select a password in order to view or modify such information. Please note that any information you post to a public bulletin board or chat room is available to all persons accessing that location. For example, your e-mail address would then be available to all persons accessing a public bulletin board.

Use of Cookies

When you visit Echo360 Sites, you can browse and access important information without revealing your identity. In order to improve those Echo360 Sites and Services, we may use “cookies” to track your usage. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables Echo360 to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.) While Echo360 uses cookies to track your usage of Echo360 Sites and Services, and our Web servers automatically log the IP/Internet address of your computer, Echo360 does not generally use this information to identify you personally. However, if you expressly provide consent for Echo360.com to “remember” the unique identifier that you select when you register for various activities on the site, that unique identifier will be stored on a cookie on your computer, linked to your registration information, and your navigation path around the site will be tracked. We associate this data to understand how our site and services are being used so we can understand our customers and offer appropriate products and services.

Updating Your Personal Data and Privacy Preferences

We will retain your registration information for as long as your account is active or as needed to provide you Services, however you have the right to access, correct or delete Personal Data about you that is stored by us and to set your privacy preferences about the Echo360 Sites and our Services at any time. With respect to Registration Information, this may be accomplished by linking to your account through the links made available on the relevant Echo360 Site or Services, where you can view and make changes to your Personal Data. You may also access, correct, or delete your Personal Data and privacy preferences (such as whether you wish to receive promotional communications from Echo360 or third parties) by writing or calling Echo360 at:

Echo360, Incorporated
Attn: Web Site Privacy
11955 Freedom Drive, Suite 700
Reston, VA 20190 USA
Telephone number 877.ECHO360

Please include your name, address, and/or e-mail address when you contact us.

Please include your name, address, and/or e-mail address when you contact us. Other than Registration Information, Personal Data stored by us that you have submitted through the Echo360 Sites and Services is not ordinarily accessible for review by you online. To access, correct or delete such information, you may write Echo360 at:

Echo360, Incorporated
Privacy Officer/Customer Information
11955 Freedom Drive, Suite 700
Reston, VA 20190
USA

In your correspondence, please indicate with as much detail as possible the location within the relevant Echo360 Site or Services where you provided your personal data.

Privacy-Related Inquiries and Complaints

Echo360 takes its users’ privacy concerns seriously. If you believe that Echo360 has not complied with this Online Privacy Policy with respect to your Personal Data or you have other related inquiries or concerns, you may write directly to the Echo360 Privacy Officer at the address indicated above.

In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that we have not complied with the Echo360 Online Privacy Policy. We will investigate your inquiry or complaint promptly.

Please note that if you provide Echo360 with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Echo360 cannot guarantee that your most recent privacy preference will be honored.

Also, please note that Echo360 is not responsible for the content or privacy practices of non-Echo360 Web sites to which an Echo360 Site or any Services may link. You should review the privacy policy of such sites before using the sites.

Changes in Privacy Policy

Echo360 reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the home page of the relevant Echo360 Site. If as the result of such changes, you want to alter the ways in which Echo360 is allowed to use your Personal Data, you can do so by following the procedure described below in the section titled “Updating your personal information and privacy preferences.” You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the relevant Echo360 Site or Services after such notice has been posted for thirty (30) days with the following exception: If at the time you provide Personal Data to Echo360 you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by Echo360 or by third parties, Echo360 will not change your preference in this regard without your express consent. However, if Echo360 sells assets (or the assets of a division or subsidiary) to another entity, or Echo360 (or a division or subsidiary) is acquired by, or merged with, another entity, Echo360 may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.