ePly is a subsidiary of MemberClicks, LLC.

ePly complies with the EU-US Privacy Shield Framework and the Swiss – US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data, as defined under the European Union’s General Data Protection Regulation, from European Union member countries and Switzerland, respectively.  ePly has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Scope

This Privacy Shield Privacy Policy (the “Policy”) sets forth the privacy principles that MC follows when it receives Personal Data from individuals interested in obtaining our Services as defined below and when processing Personal Data received from our customers or prospective customers located in the European Economic Area (“EEA”) and Switzerland, while providing the Services. This Policy does not apply to information collected on other ePly websites or to information collected during ePly sponsored sales and marketing activities. This Policy also does not apply to Personal Data collected through ePly recruiting process. For purposes of this Policy, Personal Data means information about an identified or identifiable individual that is received by ePly in the U.S. from the EEA or Switzerland and recorded in any form.   

Collection of Personal Data from MemberClicks’ Customers and Prospective Customers

When you visit https://www.eply.com/ and access our website portal, ePly collects customer login information which is comprised of your name, email address and credit card information. ePly collects this information in order to record, support and facilitate your participation with ePly with your consent for those purposes. Additionally, the collection of this Personal data is necessary for the performance of any future contractual agreement with ePly, as a registered user of our Services or in order to take steps at your request in order to enter into an agreement with ePly to provide you the Services. If you provide information to the website, for example, the information is used to provide you access to the website and other benefits that may be made available to you and other registered users. When you access the website, your Personal Data is also used to track your website preferences and provide you information you may find useful to you as a registered user unless you have opted not to receive such communications or such communications are prohibited by law.

ePly may collect information about the use of the Services and the Site, such as the number of downloads, types of Services used, how many users we receive daily, and the IP/Internet address of your computer. This information is collected in aggregate form, without identifying any user individually. ePly may use this aggregate, non-identifying statistical data for improving the Site and Services, providing more relevant experiences to our customers and for statistical analysis.

ePly’s Role as a Service Provider to its Customers and Prospective Customers

ePly is the creator of certain software products that enable organizations to manage their online event databases and event registrations and create tailor-made products to enable event planners to manage their events. In connection with these software products, ePly provides product development services,  solution engineering services, professional technical services, data migration services, and product technical support services (collectively “Services”) to its hosted and non-hosted customers and prospective customers in the EEA and Switzerland through employees who may be located in the U.S. These U.S.-based employees may process Personal Data to provide Services to customers and prospective customers located in the EEA or Switzerland. 

Customers using ePly’s hosted solutions, including ePly https://www.eply.com/ and Weblink, are responsible for managing the data that they store at ePly's data centers. Except as stated in the paragraph immediately below, customers determine the categories of Personal Data and other information that are stored byePly, how that information will be used, to whom it will be disclosed, and for what purposes.  Similarly, ePly's hosted and non-hosted customers and prospective customers who share data withePly in connection with any of its Services determine which categories of Personal Data will be shared and for what purposes.  Consequently, except as stated in the paragraph immediately below, ePly does not know the categories of Personal Data to be processed or the purpose(s) of the processing unless and until ePly receives instructions from its customers or prospective customers.  

When ePly processes Personal Data, MC does so only for the purpose of providing Services pursuant to the customer's or prospective customer's instructions.

The Customer’s and Prospective Customer’s Responsibilities with respect to Personal Data

ePly customers and prospective customers may choose to include Personal Data among the data stored atePly data centers originating from the EEA and Switzerland or shared with ePly in connection with its provision of Services. 

ePly processes only the Personal Data that its customers or prospective customers have chosen to share with MC. Except as outlined above in the section regarding the Collection of Personal Data from MemberClicks’ Customers and Prospective Customers ePly has no direct or contractual relationship with the subject of such Personal Data (a "Data Subject").  As a result, except for the Personal Data we collect directly from a registered user or prospective customer interested in ePlyServices, when a customer or prospective customer shares Personal Data, the customer or prospective customer is solely responsible for satisfying all legal obligations owed directly to the Data Subject under applicable data protection laws. ePly complies with the Privacy Shield Principles for the information it collects directly from its registered users or prospective customers and therefore the Privacy Shield Principles apply to ePly in the context of the collection of Personal Data from the individuals providing such Personal Data only for purposes of engaging ePly to provide the Services or registering to use the Services in fulfilment of the agreement between ePly and customer.

It is the customer's or prospective customer's responsibility to ensure that Personal Data it collects directly from Data Subjects can be legally collected in the country of origin. The customer or prospective customer is also responsible for providing to the Data Subject any notices required by applicable law and for responding appropriately to the Data Subject's request to exercise his or her rights with respect to Personal Data.  In addition, the customer or prospective customer is responsible for ensuring that its use of ePly’s hosted solutions or ePly's Services is consistent with any privacy policy the customer or prospective customer has established and any notices it has provided to Data Subjects.

ePly is not responsible for its customers’ or prospective customers’ privacy policies or practices or for the customers’ or prospective customers’ compliance with such policies or practices. ePly does not review, comment upon, or monitor its customers’ or prospective customers’ privacy policies or their compliance with such policies. ePly also does not review instructions or authorizations provided to ePly to determine whether the instructions or authorizations are in compliance with, or conflict with, the terms of a customer's or prospective customer's published privacy policy or of any notice provided to Data Subjects.  Customers and prospective customers are responsible for providing instructions and authorizations that comply with their policies, notices, and applicable laws.

ePly’s Compliance with the Privacy Shield Principles

ePly employees located in the U.S. may provide Services for customers and prospective customers located in the EEA or Switzerland. To provide such Services, ePly may access and use Personal Data. ePly will apply the following Privacy Shield Principles to Personal Data physically or remotely transferred from the EEA or Switzerland to the U.S. 

ACCESS

Data Subjects have the right to access the Personal Data an organization holds about them. If such Personal Data is inaccurate or processed in violation of the Privacy Shield Principles, a Data Subject may also request that Personal Data be corrected, amended, or deleted.  

When ePly receives Personal Data, it does so on its customer's or prospective customer's behalf.  To request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact the ePly customer or prospective customer that collected their Personal Data. ePly will cooperate with its customers' and prospective customers' reasonable requests to assist Data Subjects to exercise their rights under the Privacy Shield.

For registered users of the website or for individuals providing Personal Data to ePly in order to obtain the Services as prospective customers, to request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact the Chief Privacy Officer.

CHOICE

Data subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. ePly’s customers and prospective customers are responsible for informing Data Subjects when they have the right to opt out of such uses or disclosures.  

Data Subjects who wish to limit the use or disclosure of their Personal Data should submit that request to ePly’s customer or prospective customer that controls the use and disclosure of their Personal Data. ePly will cooperate with its customers’ and prospective customers’ instructions regarding Data Subjects’ choices.

For registered users of the website or for individuals providing Personal Data to ePly in order to obtain the Services as prospective customers that wish to limit the use or disclosure of their Personal Data should submit that request to the Chief Privacy Officer.

SECURITY

ePly is committed to safeguarding the Personal Data that it receives from the EEA and Switzerland.  While ePly cannot guarantee the security of Personal Data, ePly takes reasonable and appropriate measures to protect Personal Data in ePly’s possession from loss, misuse, unauthorized access, disclosure, alteration and destruction.

ePly utilizes a combination of online and offline security technologies, procedures and organizational measures to help safeguard Personal Data.  For example, facility security is designed to prevent unauthorized access to ePly computers.  Electronic security measures — including, for example, network access controls, passwords and access logging — provide protection from hacking and other unauthorized access. ePly also protects Personal Data through the use of firewalls, role-based restrictions and, where appropriate, encryption technology. ePly limits access to Personal Data to employees, subcontractors, and third-party agents that have a specific business reason for accessing such Personal Data.  Individuals granted access to Personal Data are aware of their responsibilities to protect such information and are provided appropriate training and instruction.  

PURPOSE LIMITATION AND DATA INTEGRITY 

ePly's customers and prospective customers are responsible for limiting their collection of Personal Data to that which is necessary to accomplish the purposes disclosed to Data Subjects and compatible purposes. They also are responsible for providing ePly with instructions for the processing of Personal Data consistent with such purposes. ePly will process Personal Data only in accordance with the customer's or prospective customer's instructions. 

ePly's customers and prospective customers also are responsible for ensuring that (a) Personal Data they collect is accurate, complete, current and reliable for its intended uses; and (b) Personal Data is retained only for as long as is necessary to accomplish the customer's or prospective customer's legitimate business purposes disclosed to the Data Subject and for compatible purposes. ePly will cooperate with customers' and prospective customers' reasonable requests for assistance in meeting these obligations.

In the performance of Services, ePly will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend ePly’s legal rights.

ONWARD TRANSFER

ePly will not disclose Personal Data to a third party, except as stated below:

ePly may disclose Personal Data to subcontractors and third-party agents who assist ePly in providing Services to its customers and prospective customers. Before disclosing Personal Data to a subcontractor or third-party agent, ePly will obtain assurances from the recipient that it will: (a) use the Personal Data only to assist ePly in providing the Services; (b) provide at least the same level of protection for Personal Data as required by the Principles; and (c) notify ePly if the recipient is no longer able to provide the required protections.  Upon notice, ePly will act promptly to stop and remediate unauthorized processing of Personal Date by a recipient. ePly will remain liable for onward transfers to its subcontractors and third-party agents. 

ePly may also be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements or in the event of a merger or acquisition. To the extent permitted, ePly will inform its relevant customer or prospective customer before making such disclosure and provide it with a reasonable opportunity to object to such disclosure.

RECOURSE, ENFORCEMENT & LIABILITY 

In compliance with the EU-US and Swiss-US Privacy Shield Principles, ePly commits to resolve complaints concerning its processing of Personal Data in accordance with the Privacy Shield Principles. 

Any Data Subject who has a complaint about ePly’s processing of his/her Personal Data should first contact MC’s Privacy Officer by emailing privacy-complaints@MemberClicks.com or by calling 404.879.2800.

ePly has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles and Swiss-US Privacy Shield Principles to an independent recourse mechanism, BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus (“BBB”). If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by ePly, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint at no cost to you. 

In addition to the above dispute resolution mechanisms, Data Subjects may invoke binding arbitration if their complaint is not resolved by the BBB or by the Department of Commerce after referral from the relevant data protection authority in the EEA or Switzerland. For more information about binding arbitration, visit https://www.privacyshield.gov

ePly is subject to the investigatory and enforcement powers of the Federal Trade Commission. 

For More Information

Data Subjects with questions about how ePly processes Personal Data should first contact the ePly customer or prospective customer that collected the Personal Data. ePly's Privacy Officer can be contacted email at privacy-complaints@MemberClicks.com or by calling 404.879.2800.

Changes to this Privacy Policy

ePly may revise this Policy at any time. If ePly decides to materially change this Policy, ePly will post the revised Policy at this location.  

Effective Date:   May 22, 2018