Privacy Policy

Version 2.0 (supersedes Version 1.1 and all prior versions).

At Phave, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data.

By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use, and share your information as described in this Privacy Policy.

Your use of Phave’s Services is at all times subject to our Enterprise Terms and Conditions and our website Terms of Use (together, the “Terms of Use”), which incorporate this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy from your browser. If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@phave.com.

01 · Coverage

What This Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual, and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we do not own or control, or people we do not manage.

This Privacy Policy also does not apply to information gathered by subscribers to Phave’s Services about their own customers and submitted to the Services in connection with their use of the platform (“Customer Data”). Phave processes Customer Data as a service provider (or “processor”) on behalf of its subscribers and will not review, share, distribute, or reference Customer Data except as provided in the applicable services agreement or as required by law. If your Personal Data has been submitted to our platform by a Phave customer and you wish to exercise your privacy rights, please contact that customer directly in the first instance; we will support them in responding to your request. See Section 9 and Section 10 for details.

02 · Categories

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You: when you provide information directly to us, including when you create an account, use our interactive tools and Services, voluntarily provide information in free-form text boxes or through responses to surveys or questionnaires, upload content to the Services, or send us an email or otherwise contact us.
• Automatic collection: when you use the Services, including through Cookies (defined in Section 5 below), and, if you use a location-enabled browser, information about your location. Where you access the Services and log in from multiple devices, we may use your account information to identify your activity across devices.
• Third parties: vendors we use to obtain information to generate leads and create user profiles, and advertising partners who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements, or communications.

03 · Use of Data

How We Use Personal Data

Our commercial and business purposes for collecting and processing Personal Data are:

• Providing, customizing, and improving the Services. Creating and managing your account or other user profiles, and verifying your identity when you access your account.
  • Processing orders or other transactions; billing and collection; providing you with the products, services, or information you request; and meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Services, and notifying you about changes to the Services or your account and subscription.
  • Improving the Services, including testing, research, internal analytics, and product development; personalizing the Services, website content, and communications based on your preferences; and monitoring usage of the Services.
  • Fraud protection, security, and debugging, including detecting, investigating, and preventing security threats, incidents, spam, and prohibited, fraudulent, or unauthorized activity.
• Marketing the Services. Marketing and selling the Services, including showing you advertisements (see Section 5). We will only send you marketing communications if you have opted in to receiving them; you may opt out at any time as described in Section 13.
• Corresponding with you. Responding to correspondence we receive from you, contacting you when necessary or requested, and sending you information about Phave or the Services according to your preferences.
• Meeting legal requirements and enforcing legal terms. Fulfilling our legal obligations under applicable law, regulation, court order, or other legal process; protecting the rights, property, or safety of you, Phave, or another party; enforcing agreements with you; responding to claims that content violates third-party rights; and resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we have collected for materially different, unrelated, or incompatible purposes without providing you notice.

04 · Sharing

How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on the state laws that apply to you, some of these disclosures may constitute a “sale” or “sharing” of your Personal Data; see Section 10 for your opt-out rights.

• Service Providers. Parties that help us provide the Services or perform business functions on our behalf, including hosting, technology, and communication providers, and our payment processor. Service Providers have access to your Personal Data only to perform tasks on our behalf and are contractually obligated not to disclose it or use it for any other purpose. Our payment processing partner collects your voluntarily provided payment card information directly; please see its terms of service and privacy policy for information on its use and storage of your Personal Data.
• CRM, MAP, and Finance Vendors. Third-party vendors that provide software and services for marketing automation (MAP), customer relationship management (CRM), accounting, and sales automation.
• Security and Audit Service Providers. Parties that support our security functions or conduct audits of our security systems. These parties have limited access to select records for audit purposes.
• Analytics Providers. Providers of analytics regarding use of our products and Services. The categories of Personal Data disclosed to analytics providers are identifiers (email addresses used for login), internet or electronic network activity (URLs visited within the Services, features used, interaction data, and timestamps), and device information (IP addresses, browser type, and device identifiers). Analytics providers are contractually prohibited from using your Personal Data for any purpose other than providing analytics services to us.
• Advertising Partners. Parties that help us market our Services and provide you with offers that may interest you, including ad networks. See Section 5 for how interest-based advertising works and Section 10 for how to opt out.
• Other disclosures. Our subsidiaries and affiliates; persons to whom you have granted account-level access; and others as you direct us in connection with your use of the Services. We may include your company’s logo on our website only with permission. We may also share your Personal Data with third parties where we have obtained your express consent to do so.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with the activities set forth under “Meeting legal requirements and enforcing legal terms” in Section 3, including disclosure if required to do so by law or in response to valid requests by public authorities, law enforcement, governmental agencies, or regulators.

Business Transfers

All of the Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Aggregated, De-identified, or Anonymized Data

We may create aggregated, de-identified, or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such data and share it with third parties for our lawful business purposes, including to analyze, build, and improve the Services (including through machine learning that supports product features and functionality) and to promote our business, provided that we will not share such data in a manner that could identify you.

05 · Tracking

Tracking Tools, Advertising, and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base, and operate and improve our Services. Cookies are small pieces of data, usually text files, placed on your device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Required to provide features or services you have requested, such as enabling you to log into secure areas of the Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Used to record your choices and settings, maintain your preferences over time, and recognize you when you return, for example your choice of language or region.
• Performance/Analytical Cookies. Allow us to understand how visitors use the Services, including the number of visitors, the pages viewed, and time spent, and help us measure the performance of our advertising campaigns. For example, Google LLC uses cookies in connection with its Google Analytics services, subject to the Google Analytics Terms of Use and the Google Privacy Policy. You may opt out of Google’s use of Cookies via the Google Analytics Opt-out Browser Add-on at tools.google.com/dlpage/gaoptout.
• Retargeting/Advertising Cookies. Collect data about your online activity and identify your interests so that we can provide advertising we believe is relevant to you. See “Interest-Based Advertisements” below.

You can decide whether or not to accept Cookies through your browser settings, including turning off the Cookie feature or deleting Cookies already on your device. If you do this, you may have to manually adjust some preferences on each visit, and some Services and functionality may not work. To find out more about Cookies, including how to manage and delete them, visit allaboutcookies.org. If you are in Europe, visit youronlinechoices.eu; if you are in the US, visit aboutads.info/choices.

Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, ad servers, ad agencies, ad technology vendors, and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including web beacons, from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research, and reporting for us and for advertisers, and to serve targeted advertisements to you when you visit other websites.

06 · Security

Data Security

We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal Data and how we are processing it. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, no method of transmitting or storing data over the internet is completely secure.

07 · Retention

Data Retention

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. If your account is deleted, deactivated, or terminated, your Personal Data will be deleted within sixty (60) days of termination or deactivation, except where longer retention is necessary to comply with our legal obligations, resolve disputes, collect fees owed, or as otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. Usage Data is generally retained for a shorter period, except when it is used to strengthen security or improve functionality of the Services, or where we are legally obligated to retain it for longer periods.

You have the right to request that we delete the Personal Data that we have collected about you, subject to certain exceptions; for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. You can make a deletion request at any time using the contact information at the end of this document.

08 · Children

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at privacy@phave.com.

09 · Customers

Processing on Behalf of Our Customers

We may process Personal Data of our customers’ end users or employees in connection with our provision of services to those customers. Where we process your Personal Data as a service provider or processor, the customer that collected your Personal Data is responsible for responding to your privacy rights requests, and you should contact that entity in the first instance. Because our personnel have limited ability to access data our customers submit to our platform, if you make a request directly to Phave at privacy@phave.com, please provide the name of the Phave customer that submitted your data; we will refer your request to that customer and support them as needed in responding within a reasonable timeframe.

10 · California

California Resident Rights

If you are a California resident, you have the rights set forth in this section under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (the “CCPA”). Please see “Exercising Your Rights” below for instructions on how to exercise these rights. If there is any conflict between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict.

• Right to Know and Access. You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including: the categories of Personal Data we have collected about you; the categories of sources from which it was collected; the business or commercial purpose for collecting, selling, or sharing it; the categories of third parties with whom we have disclosed it; and the specific pieces of Personal Data we have collected about you. If we have disclosed your Personal Data for a business purpose, or sold or shared it, over the past 12 months, we will identify the categories of Personal Data involved for each category of recipient.
• Right to Correct. You have the right to request that we correct inaccurate Personal Data that we maintain about you.
• Right to Delete. You have the right to request that we delete the Personal Data we have collected about you, subject to the exceptions described in Section 7.
• Right to Opt Out of Sale or Sharing. We do not sell Personal Data in exchange for money. However, our disclosure of certain categories of Personal Data (such as Device/IP Data, Commercial Data, Web Analytics, Social Network Data, and Consumer Demographic Data) to Advertising Partners for interest-based advertising may constitute a “sale” or “sharing” for cross-context behavioral advertising under the CCPA. You have the right to opt out of such sale or sharing at any time by contacting us at privacy@phave.com with the subject line “Do Not Sell or Share My Personal Information,” or by using the cookie opt-out mechanisms described in Section 5. To our knowledge, we do not sell or share the Personal Data of consumers under 16 years of age.
• Right to Non-Discrimination. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services because you exercised your rights, although we may offer different tiers of our Services as allowed by applicable law with varying prices or levels of quality related to the value of the Personal Data we receive from you.

Exercising Your Rights

To exercise the rights described in this Privacy Policy, you or your Authorized Agent must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (at minimum your email address, first name, and last name), and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it (a “Valid Request”). We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless it is excessive, repetitive, or manifestly unfounded, in which case we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request by emailing privacy@phave.com or calling 650-438-3855.

You may authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf by providing the agent with written permission, a copy of which we may request when the agent makes a request on your behalf.

California Shine the Light

Under California Civil Code Sections 1798.83–1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes. To submit such a request, contact us at privacy@phave.com.

11 · Nevada

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy@phave.com with the subject line “Nevada Do Not Sell Request” and providing your name and the email address associated with your account.

12 · Europe

European Union, UK, and Swiss Data Subject Rights

If you are a resident of the European Union, United Kingdom, Liechtenstein, Norway, Iceland, or Switzerland, you may have additional rights under the EU General Data Protection Regulation (“GDPR”) and equivalent laws with respect to your Personal Data, as outlined below. For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR. Phave is the controller of your Personal Data processed in connection with the Services, except where we process Customer Data as a processor on behalf of our customers (see Section 9), in which case please contact the controller in the first instance. If there is any conflict between this section and any other provision of this Privacy Policy, the portion that is more protective of Personal Data shall control.

Processing Grounds

We will only process your Personal Data if we have a lawful basis for doing so:

• Contractual necessity. We process your Profile or Contact Data and Payment Data as necessary to perform under our Terms of Use with you. Failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
• Legitimate interest. We process your Profile or Contact Data, Commercial Data, Geolocation Data, Device/IP Data, Web Analytics, Social Network Data, Consumer Demographic Data, and Professional or Employment-Related Data where we believe processing furthers a legitimate interest of ours or of third parties that is not overridden by your data protection rights. Examples of these legitimate interests include providing, customizing, and improving the Services; marketing the Services; corresponding with you; meeting legal requirements and enforcing legal terms; completing corporate transactions; protecting our business and customers from fraud and other illegal activity; and ensuring network and information security. We may also de-identify or anonymize Personal Data to further our legitimate interests.
• Consent. In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data, as indicated to you at the point and time of collection. Where processing is based on consent, you may withdraw it at any time.
• Other grounds. From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Your Rights

• Access. You can request more information about the Personal Data we hold about you and request a copy of it.
• Rectification. If you believe any Personal Data we hold about you is incorrect or incomplete, you can request that we correct or supplement it.
• Erasure. You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of consent. If we are processing your Personal Data based on your consent, you have the right to withdraw your consent at any time. If you exercise this right, you may need to provide express consent on a case-by-case basis for uses or disclosures necessary for you to use some or all of the Services.
• Portability. You can ask for a copy of your Personal Data in a machine-readable format, and request that we transmit the data to another controller where technically feasible.
• Objection. You can let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as direct marketing.
• Restriction of processing. You can ask us to restrict further processing of your Personal Data.
• Right to file a complaint. You have the right to lodge a complaint about our practices with the supervisory authority of your country or EU Member State. A list of supervisory authorities is available at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.

In some circumstances, we may not be able to fully comply with your request, such as where it is frivolous or extremely impractical, jeopardizes the rights of others, or is not required by law; in those circumstances, we will still respond to notify you of that decision. We may need additional information from you to verify your identity and the nature of your request. To submit a request, email privacy@phave.com.

13 · Communications

Communications from Us

You will receive commercial emails from us only if you have opted in to such communications. You may opt out at any time by following the unsubscribe instructions at the bottom of such messages or by emailing privacy@phave.com. Opt-out requests may take several days to process, and you will continue to receive transactional emails relating to your account. We may receive a confirmation when you open an email from Phave; we use this confirmation to make emails more helpful and to improve our Services.

14 · Transfers

International Transfers of Personal Data

The Services are hosted and operated in the United States through Phave and its service providers, and your Personal Data is processed at our operating offices and in other locations where our service providers are located. If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Phave in the U.S. and will be hosted on U.S. servers, and you authorize Phave to transfer, store, and process your information to and in the U.S. and possibly other countries.

Data Privacy Framework

Phave complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom (including Gibraltar), and Switzerland to the United States. Phave has certified to the U.S. Department of Commerce that it adheres to the DPF Principles with respect to such data. If there is any conflict between the terms of this Privacy Policy and the DPF Principles, the DPF Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit dataprivacyframework.gov.

Phave is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (FTC). Phave’s accountability for personal data that it receives under the DPF and subsequently transfers to a third party is described in the DPF Principles. In particular, Phave remains responsible and liable under the DPF Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Phave proves that it is not responsible for the event giving rise to the damage. In certain situations, Phave may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Pursuant to the DPF Program, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States in reliance on the DPF Program should direct their query to privacy@phave.com. If requested to remove data, we will respond within a reasonable timeframe. We will also provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than that for which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@phave.com.

Recourse and Dispute Resolution

In compliance with the DPF Principles, Phave commits to resolve complaints about our collection or use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our Data Privacy Framework policy should first contact Phave at privacy@phave.com.

Phave has further committed to refer unresolved DPF complaints from EU, UK, or Swiss individuals to Data Privacy Framework Services operated by BBB National Programs, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit bbbprograms.org/dpf-complaints. The services of Data Privacy Framework Services are provided at no cost to you. If your DPF complaint cannot be resolved through the above channels, you may, under certain conditions, invoke binding arbitration for residual claims not resolved by other redress mechanisms, as described at https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

Standard Contractual Clauses

Where required, Phave also enters into data processing agreements incorporating the standard contractual clauses adopted by the European Commission under Commission Implementing Decision (EU) 2021/914 (Art. 46 GDPR), or an alternative transfer mechanism approved by the European Commission or other applicable regulators, to provide appropriate safeguards for transfers of Personal Data outside the European Economic Area, the United Kingdom, and Switzerland.

15 · Changes

Changes to This Privacy Policy

We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time. We will alert you to material changes by placing a notice on the Phave website, by sending you an email, and/or by some other means, prior to the change becoming effective, and we will update the effective date at the top of this Privacy Policy. Please note that if you have opted not to receive legal notice emails from us (or have not provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

16 · Contact

Contact Us

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such collection and use, please contact us at:

Phave, Inc.

770 Walnut Ave, Burlingame, CA 94010

privacy@phave.com | 650-438-3855

If you are located in the European Union, you may use the following information to contact our Data Protection Officer and our European Union-based representative:

Nick Bonfiglio – nick@phave.com