How we handle information from this website.

Overview

Defined terms in this Overview have the meanings set forth in the Privacy Policy that follows.

About us and how to contact us

Empiric Earth Inc. operates this website. Empiric Earth is committed to producing data-driven insights to help companies evaluate driver risk, prevent crashes, improve driver performance, and create efficiencies by understanding traffic and road conditions. If you have any questions about our data practices or your rights, or if you have any concerns or complaints, you can contact us at privacy@empiricearth.com or by mail at Empiric Earth Inc., Attn: Privacy, 135 W 41st St., New York, New York 10036 USA.

If you are a resident of the European Economic Area (EEA), the United Kingdom, or California you may have additional rights, which you can read about in the Policy.

Who is this Website Privacy Policy for?

This Policy is for visitors to our Website.

Personal Information we collect

We collect Personal Information from you directly, e.g. when you contact us or submit a form on our Website, and we also collect information about your use of our Website automatically, including through cookies and similar technologies.

How we use your Personal Information

We use your Personal Information to provide you with access to our Website, to support, secure, and analyze your use, and to improve our Website. We will also use your Personal Information to respond to your questions and to comply with our legal obligations. We sometimes send you promotional emails, which you can choose to stop receiving at any time by opting out.

To whom we may disclose your Personal Information

We rely on third parties for the purposes set out in this Policy, including hosting, analytics, and support services. We also may work with certain advertising partners to show you ads on other websites and services. Additionally, we share your information with our affiliates (including our parent company, Empiric Earth Inc.), in connection with corporate transactions, and as required or permitted by law.

Where we process your Personal Information

Your Personal Information is processed by us or our service providers in different countries around the world, including the United States and other locations where we or our service providers operate. Where required, we use legally required safeguards for international transfers (see Section 11).

Your rights

Depending on where you live, you may have certain data rights, for example to access, receive a copy of, correct, or delete your Personal Information.

Changes to this Policy

Any updates or changes to this Policy will be published here. If there are any significant changes, we will notify you through our Website and, where required by law, by other means.

* This Overview is not part of the Policy. Any statements above are qualified in their entirety by the Policy.

1. Introduction

This Privacy Policy (this “Policy”) describes how Empiric Earth Inc. (“Empiric Earth,” “we,” “us,” or “our”) collects, uses, and discloses Personal Information about visitors to www.empiricearth.com and any other Empiric Earth website that links to this Policy (collectively, our “Website”). “Personal Information” means the terms “personal information” or “personal data” (or analogous terms) as such terms are defined in applicable data protection laws. Please read this Policy carefully. If you do not agree with our practices, please do not use the Website.

2. Scope and Application

This Policy applies to all Empiric Earth Website visitors. It does not apply to Personal Information we collect offline or through channels other than the Website, or to Personal Information we process on behalf of our customers through Empiric Earth products and services.

This Policy does not apply to the provision of our services.

This Policy also does not apply if you are a job applicant or employee of Empiric Earth. We maintain a separate privacy policy for job seekers and employees.

3. What Information Does Empiric Earth Collect?

When you visit our Website, Empiric Earth collects the following information about you:

3.1 Information Provided by You

Identifiers. Your contact details: You may contact us by email at privacy@empiricearth.com or submit information through forms on our Website (for example, to request a demo, download content, register for an event, or subscribe to our newsletter), and in doing so you may give us your name, email address, phone number, company name, job title, and other information you choose to submit. Please remember not to send us any sensitive Personal Information (such as health information).

3.2 Information Collected Automatically

3.2.1 Analytic Information

Internet or other electronic network activity information. When you use our Website, we automatically collect information about your device and your use of the Website, including your IP address, browser type and version, operating system, device type, the pages you view, the date and time of your visit, the time spent on each page, the links you click, and the website you visited before ours (referring URL).

Non-precise geolocation data. When you use our Website, your non-specific location derived from your IP address.

3.2.2 Cookie Data

Like many websites, we use cookies and similar technologies for the following purposes: (a) strictly necessary cookies that enable the Website to function and remain secure; (b) preference cookies that store your settings and options and allow us to recognize you when you return to the Website; (c) analytics cookies, such as those provided by Google Analytics and Microsoft Clarity, that help us understand how visitors use the Website; and (d) advertising cookies set by our advertising partners that are used to deliver ads that may be relevant to you on other websites and services and to measure the performance of our advertising. For more information about our use of these tools and your choices with respect to them, please visit our Cookie Notice, which is available in the footer of our Website.

We recognize and honor opt-out preference signals, such as the Global Privacy Control. There is currently no industry standard for responding to “Do Not Track” browser signals, and we do not respond to them. Please keep in mind that removing or blocking cookies can negatively impact your user experience and may cause some features and general functionality of our Website to work incorrectly or no longer be available.

3.3 Information Collected by Third-Party Sites

Empiric Earth's Website may contain links to third-party websites or social media features, such as LinkedIn, Facebook, or X (formerly Twitter) buttons (e.g., “Like” or “Tweet”). Your interactions with, and information collected by, these linked websites and features are governed by the privacy policies of those third parties, over which we have no control. We encourage you to review your privacy settings and the privacy policies governing the third-party sites that you visit.

3.4 Minors

Our Website is not directed to children, and we do not knowingly collect Personal Information from children under the age of 18. If you believe that a child under 18 has provided us with Personal Information, please contact us at privacy@empiricearth.com and we will delete it. We do not knowingly sell or share the Personal Information of consumers under 18 years of age.

4. How Will Empiric Earth Use the Information It Collects?

We use the Personal Information we collect for the purposes set out below. The legal basis column applies only where you are based in the European Economic Area (EEA) or the United Kingdom.

5. How Will Empiric Earth Disclose the Information It Collects?

We may disclose your Personal Information in the following circumstances:

5.1 Vendors, Service Providers, and Other Partners

Empiric Earth may provide your Personal Information to vendors, service providers, and other partners who support Empiric Earth's business by providing technical infrastructure and hosting services, analyzing how our Website is used, measuring the effectiveness of our Website and marketing, providing customer service, sending communications on our behalf, or conducting surveys. These partners are subject to contractual confidentiality and data protection obligations consistent with this Policy.

5.2 Affiliates

We may disclose your Personal Information to our parent company and its subsidiaries and affiliates for the purposes described in this Policy, including to operate shared business and technology functions and to inform you about products and services that may interest you.

5.3 Advertising and Analytics Partners

We may allow third-party advertising and analytics partners to collect Cookie data on our Website through cookies, pixels, and similar technologies. These partners may use that information to serve ads that may be relevant to you on other websites and services, to measure the performance of our advertising, and to provide analytics services to us. Depending on where you live, this disclosure may be considered a “sale” or “sharing” of Personal Information or “targeted advertising.” Please see Section 8 for a description of the rights that you may have.

5.4 Law Enforcement, Legal Compliance, and Protection of Rights

We may disclose your information to third parties if we are legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary to: (i) comply with a legal obligation, process or request (such as a search warrant, court order, or subpoena), including lawful requests by public authorities to meet national security or law enforcement requirements; (ii) enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv) protect the rights, property or safety of us, our users, a third party or the public, including to prevent death or serious bodily harm, as required or permitted by law (including exchanging information with other companies and organizations for the purposes of fraud protection).

5.5 Change of Corporate Ownership

If we are involved in, or are evaluating, a merger, acquisition, financing, bankruptcy, reorganization, asset sale or other similar transaction, we may disclose your information as part of that transaction or the related due diligence, subject to customary confidentiality protections.

5.6 With Your Consent or at Your Direction

We may disclose your Personal Information for other purposes with your consent or at your direction.

6. Security

We maintain reasonable administrative, technical, and physical safeguards designed to protect the Personal Information we collect against loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

7. Data Retention and Deletion

We retain Personal Information for as long as necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it, and applicable legal requirements. We may retain your Personal Information if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud or abuse, or enforce our agreements. You can request to delete your Personal Information from Empiric Earth's servers via an email request to privacy@empiricearth.com (see Section 10). Because of the way we maintain certain systems, after your information is deleted, backup copies may persist for a period of time before they are deleted or overwritten, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.

8. Information for California Residents

This Section 8 applies to residents of California.

Categories of Personal Information we collect. In the preceding 12 months, we have collected the categories of Personal Information described in in Section 3.

Sources of Personal Information.We collect Personal Information as described in Section 3.

Data Retention.We retain data as described in Section 7.

Use of Personal Information. We use Personal Information as described in Section 4.

Disclosure of Personal Information. We disclose Personal Information as described in Section 5.

Sensitive Personal Information.We do not collect or process sensitive Personal Information through our Website.

Sale and sharing. We do not sell Personal Information in exchange for money. However, our disclosure of identifiers, non-precise geolocation, and internet activity information to advertising partners may be considered a “sale” or “sharing” of Personal Information under California law, and we have engaged in such disclosures in the preceding 12 months. You may opt out at any time by clicking the “Do Not Sell or Share My Personal Information” link on our Website or by enabling an opt-out preference signal such as the Global Privacy Control in your browser. We do not knowingly sell or share the information of anyone under the age of 18.

Shine the Light.If you are a California resident, you may opt out of sharing your Personal Data subject to California Civil Code §1798.83 (known as the “Shine the Light law”) with third parties for those third parties’ direct marketing purposes by submitting a request to opt out as described in the Submitting a Privacy Rights Request section below.

California Rights.Residents of California may have the following rights:

• Right to Know and Access.You may have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting, selling, or sharing the personal information, and the categories of third parties to whom we have disclosed your Personal Information, and the specific pieces of Personal Information we have collected about you.
• Right to Delete.You may have the right to request that we delete Personal Information that we have collected from you.
• Right to Correct.You may have the right to request that we correct inaccurate Personal Information that we maintain about you.
• Right to Opt-out of Sales or Sharing.You may have the right to opt-out of the “sale” or “sharing” of your Personal Information as such terms are defined by the California Consumer Privacy Act. To opt out of targeted advertising please access our cookie preference center, which you can open at any time via the “Cookie settings” link in the footer of our Website, or click the “Do Not Sell or Share My Personal Information” link located at the bottom of our website.
• Right to Non-Discrimination.Should you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand certain features of the Website may be unavailable to you.

You can exercise your privacy rights as described in “Submitting a Privacy Rights Request,” below.

9. Additional States’ Rights

Depending on your state of residence, you may have additional rights, including:

• Right to Access. You have the right to confirm whether we are processing your Personal Information and to access such Personal Information.
• Right to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you.
• Right to Delete. You have the right to request that we delete your Personal Information under specific circumstances.
• Right to Opt-out. You have the right to object or opt-out of certain types of processing, including: (1) processing for the purpose of targeted advertising, and (2) processing for the purpose of the sale of Personal Information.
• Right to Data Portability. You have the right to request a copy of your Personal Information in an accessible format.
• Right to Appeal. If we do not grant your consumer request, you may have the right to appeal that denial.
• Right to Equal Service. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our websites, services, or properties.

You can exercise your privacy rights as described in “Submitting a Privacy Rights Request,” below.

10. Information for Visitors in the EEA, the UK, and Switzerland

Controller. Empiric Earth Inc. is the controller of Personal Information collected through the Website. [If you are in the EEA, our representative under Article 27 of the GDPR is [●], and if you are in the UK, our representative under Article 27 of the UK GDPR is [●].]

International transfers. We process your information in several countries, including countries within the European Economic Area (“EEA”), the United Kingdom (“UK”), the United States of America and others. When we transfer your information outside the EEA, the UK, and/or Switzerland (as applicable), we may transfer it to countries that have been recognized as offering adequate protection by the European Commission, the UK Government, and/or the Swiss Federal Council (as applicable). When this adequacy status has not been granted, we use appropriate safeguards, such as the European Commission’s Standard Contractual Clauses and the UK International Data Transfer Agreement or Addendum, to safeguard your information when it is transferred outside those jurisdictions. You may request a copy of the relevant safeguards by contacting us at privacy@empiricearth.com.

Complaints to supervisory authorities. If you are in the EEA, the UK, or Switzerland, you also have the right to lodge a complaint with your local data protection supervisory authority (in the UK, the Information Commissioner’s Office; in Switzerland, the Federal Data Protection and Information Commissioner), although we encourage you to contact us first so that we can try to resolve your concern.

Data privacy rights

If you are based in the EEA or UK, you have the following rights over your Personal Information:

Right to access

You have the right to request:

• confirmation on whether Empiric Earth processes your Personal Information or not;
• a copy of such Personal Information; and
• information on the use of your Personal Information by Empiric Earth in a clear, transparent and understandable way (as provided in this Policy).

Right to rectification

You have the right to request the rectification of your Personal Information, in order to obtain the modification of your Personal Information if your Personal Information is obsolete, inaccurate or incomplete.

Right to delete

You have the right to request the deletion of your Personal Information (or right to be forgotten), when one of the following conditions applies:

• you object to the processing of your Personal Information and there are no overriding legitimate reasons justifying the processing of your Personal Information (e.g., legal obligation);
• you object to marketing activities;
• you decide to withdraw your consent on which the processing is based;
• your Personal Information is no longer useful for the original purposes for which it was collected or for any other type of processing;
• the use of your data does not comply with the applicable legal or regulatory provisions.

Right to restriction of processing

You have the right to request the restriction of processing to a limited period of time, in particular to carry out verifications, where one of the following conditions applies:

• you contest the accuracy of your Personal Information, the processing of which is thus restricted for the period necessary for Empiric Earth to verify the accuracy of such Personal Information;
• the processing is unlawful and, rather than requesting their deletion, you prefer to restrict its use;
• Empiric Earth no longer needs your Personal Information for the purposes of the processing, but needs it for the establishment, exercise or defense of legal claims;
• you have objected to the processing, which is thus restricted pending the verification of whether the compelling legitimate grounds of Empiric Earth may override your interests, rights and freedoms.

Right to data portability

You have the right to request a copy of your Personal Information in a structured, commonly used and machine-readable format and also request its transmission to another data controller where technically feasible. This right is not exercisable in all circumstances; it applies only if it fulfils all the following conditions:

• your request is only related to your Personal Information (excluding anonymous or third-party data);
• your request does not adversely affect the rights or freedoms of others, in particular those of Empiric Earth (e.g., trade secrets) and those of third parties (e.g. intellectual property rights);
• the processing is carried out by automated means (paper files are therefore not included);
• the processing is based on consent or the performance of a contract.

Right to object

You have the right to object to our processing of your Personal Information at any time if the processing is based on our legitimate interest. Empiric Earth will no longer process your Personal Information, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, such as the respect of a legal obligation or for the establishment, exercise or defense of legal claims.

Right to withdraw your consent

You have the right to withdraw your consent when it has been obtained, without this withdrawal affecting the lawfulness of the Personal Information processing operations previously carried out.

Other rights

Depending on your country of residence, you may have additional local rights with respect to our processing of your Personal Information.

You can exercise your privacy rights as described in “Submitting a Privacy Rights Request,” below.

You are not required to provide us any personal information in connection with your visit to the Website. However, if you do not provide us with certain information, we may not be able to provide services to you.

Under certain circumstances, we may ask you for specific information in order to confirm your identity and to exercise your rights. This is an appropriate security measure to ensure that personal information is not disclosed to an individual who does not have the right to receive it.

11. Submitting a Privacy Rights Request

To exercise your rights, please submit a request to us by emailing us at privacy@empiricearth.com. Making a consumer request does not require you to create an account with us. Applicable law may limit the number of times that you can submit a particular request within a 12-month period.

You may be able to designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf or if the agent attempts to exercise a right for which they are not legally authorized to do so.

Upon receiving your request to know, access, delete, or correct, we will need to verify your identity to determine that you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. We may also use other verification methods as the circumstances dictate. We will only use Personal Information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We may deny your request to know, access, delete, or correct if we unable to verify your identity.

12. Notification of Changes to This Privacy Policy

We may revise this Policy from time to time. If we make material changes, we will notify you by posting a prominent notice on the Website and, where required by law, by email. We will indicate the effective date of the current version at the top of this Policy, and we encourage you to review it periodically. The version posted on the Website is the version that applies to your use of the Website.

13. How to Contact Us

If you have any questions or concerns about this Policy or our privacy practices, please contact us at privacy@empiricearth.com or by mail at Empiric Earth Inc., Attn: Privacy, 135 W 41st St., New York, New York 10036 USA.