Last updated: 6/14/2024

Avolve Software Corp. and its associated businesses (collectively referred to below as “Avolve,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this Privacy Policy.

This Privacy Policy explains how Avolve may collect and use information about you when you use our | “Services” (using our Services means engaging with us via our websites, using our software solutions including ProjectDox, DigEplan, and DigEplan PRO, purchasing products from us, or using any other products or services we may provide now or in the future).

We may update or modify this Privacy Policy from time to time. If we make material changes, we will revise the “Last Updated” date above, and we may also choose to send you a notification of these changes. We encourage you to review this Privacy Policy frequently to stay informed about our privacy practices and how you can exercise your options related to those practices.

Your continued use of the Services will constitute your understanding and acknowledgment of this Privacy Policy. If you do not agree with our Privacy Policy or any updates, you must stop using our Services.

1. Information We Collect

We may collect the following types of information about you:

Information You Provide to Us

We collect information that you provide to us when you use the Services, for example by purchasing products from us or contacting us directly with questions or feedback. We also may collect information that you provide to us offline, such as at industry or marketing events. This information may include:

• Identifiers, such as your name, email address, telephone number, or physical address;
• Employment Information, such as your employer name or job title;
• Account Access Information, such as a username in combination with a password or other credential that allows access to an account.

Some of the information that we collect, such as your Account access information, may be considered “sensitive personal information” in certain territories.

Information We Collect from Third Parties

We may collect information about you from third parties. This information may include:

• Service provider information, such as information we receive from the third-party service providers we work with to collect the Device information and Activity information described below; and
• Publicly available information, such as information provided on customer or prospective customer websites or on publicly accessible portions of social media or networking sites.

Information We Collect Automatically

We may automatically collect information about you when you access the Services. This information may include:

• Device information, such as device model, operating system and version, unique device or personal identifiers, mobile network information, IP address, or browser type; or
• Activity information, such as when you accessed the Services, which pages you viewed, and which sites you visited before and after accessing the Services.

How We Use Cookies

We collect and store some of the information described in this subsection by using cookies and other similar technologies like pixels, tags, and web beacons (collectively, “Cookies”). Cookies are small strings of information that a website you visit transfers to your browser. Cookies can be used to track your internet activity, remember your preferences, improve your user experience, or support marketing activities, like targeted advertising. Some cookies are necessary to operate a website, while others are not. You can decide if and how your device will accept cookies by configuring your browser settings (see below under “Your Privacy Choices” → “Cookies”). If you choose to reject cookies, you may not be able to use certain features of the Services.

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information, because it cannot be reasonably linked to a specific individual. We may do this to generate data sets for our use, which we may then use and disclose for any purpose.

2. How We Use Your Information

We may use the information we collect about you to serve the following purposes:

• to provide the Services to you;
• to facilitate your purchases from us;
• to manage our relationship with you, including responding to your inquiries, providing you with notices, and requesting your feedback;
• to market the Services to you;
• to analyze your use of our Services;
• to improve and enhance our Services;
• to detect and protect against security incidents or fraudulent or unlawful activity;
• to comply with legal and regulatory requirements; or
• for other purposes at your direction or with your consent.

3. How We Disclose Your Information

We may disclose your information to third parties as follows:

• with our vendors, agents, consultants, and other service providers who need access to your information to perform services on our behalf, such as solution integrations, web hosting, analytics, marketing, advertising, or e-commerce;
• with our professional advisers, such as auditors, accountants, or lawyers;
• in connection with the change to the control or financial status of Avolve, such as a merger, sale of our assets, financing, acquisition, or bankruptcy;
• with our current and future affiliate companies;
• to protect the legal rights, safety, or security of Avolve and our community, such as to enforce our Terms of Use; to prevent fraudulent or unlawful activity; or to respond to a law enforcement or government authority request or other legal or regulatory process;
• on an aggregated and anonymized basis; or
• with other parties at your direction or with your consent.

4. Your Privacy Choices

Your use of the Services is voluntary. You may decline to share certain information with us, in which case we may not be able to provide you with some or all the features and functionality of the Services.

• Emails: If you no longer wish to receive marketing emails from us, you can unsubscribe at any time by following the instructions in our marketing emails. Please note that even if you unsubscribe from marketing emails, you may still receive emails from us related to the Services, such as emails about changes to our policies or about purchases you’ve made from us.
• Text Messages: If you no longer wish to receive text messages from us, you can unsubscribe at any time by texting “STOP” in response to a text message from Avolve.
• Cookies: Many web browsers enable cookies by default. Depending on where you are located, you may either need to opt-in or opt-out of our use of nonessential cookies. You can change your cookie settings or disable cookies at any time by updating your browser settings or interacting with our cookie banner.
• Do Not Track Signals: We do not currently recognise or respond to automated browser signals regarding tracking, such as “Do Not Track” signals.

5. Children’s Privacy

The Services are not intended for children, and we do not knowingly collect personal information from individuals under the age of 18. If you believe we might have any personal information from or about an individual under 16, please contact us immediately at privacy@avolvesoftware.com.

6. Security

We take reasonable steps to protect your personal information from loss or unauthorised use, access, disclosure, or destruction. Even so, we can’t guarantee the complete security of any personal information you disclose online. For example, emails sent to or from our Services may not be secure, and so you should take care when considering what information you send to us via email. To the extent permitted under applicable law, we assume no liability or responsibility for the loss, disclosure, or destruction of your personal information due to errors in transmission, unauthorised access by third parties, or other causes beyond our control.

7. Retention

We retain your personal information for as long as necessary to fulfil the purposes for which it was collected, or for other essential purposes, such as complying with our legal obligations, resolving disputes, enforcing our agreement, or otherwise as required or permitted by law.

8. Location of Personal Information

The personal data we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. Currently, we primarily use data centres in the United States, the European Economic Area (“EEA”), and Canada. The storage location(s) are chosen to operate efficiently and improve performance. We take steps to process and protect personal data as described in this statement wherever the data is located; however, some countries where we store data may have laws that offer a different level of data protection than the country in which you reside.

Location of Processing European Personal Data. We transfer personal data from the EEA, the United Kingdom (“UK”), and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do so, we use legal mechanisms, including Standard Contractual Clauses and adequacy decisions, to help ensure your rights and protections.

9. Additional Information for California Residents

This section only applies to users of the Services who are California residents and is intended to supplement the other information provided in this Privacy Policy.

Residents of California are entitled to the following disclosures:

• Categories of Personal Information: In the past 12 months, we may have collected personal information about you in the categories noted above under “Information We Collect”. We do not knowingly collect sensitive personal information, and we do not knowingly collect or sell personal information of minors under the age of 16.
• Sources of Personal Information: We collect personal information about you from the sources noted above under “Information We Collect”.
• Use and Disclosure of Personal Information
  • We use and disclose your personal information in the ways noted above under “How We Use Your Information” and “How We Disclose Your Information”.
  • In the past 12 months, we have disclosed, for business purposes, your personal information as noted above under “How We Disclose Your Information”.
• Sales of Personal Information: We do not “sell” your personal information (as the term is construed under California law), and we have not engaged in any “sales” of personal information in the last 12 months.
• Sharing of Personal Information: When you visit our business website, which is focused on engaging businesses that wish to purchase and use our software offerings, we do share personal information about your device and your usage of our site with third parties for targeted advertising purposes.

Residents of California are entitled to exercise the following privacy rights:

• Right to Know: You can request access to the personal information we collected about you in the last 12 months, how we collected it, and how we used and/or shared it (note that much of that information is provided in this Privacy Policy).
• Right to Delete: You can request that we delete personal information we have about you, subject to certain exceptions.
• Right to Correct: You can request that we update or correct the personal information that we have about you.
• Right to Nondiscrimination: You will not be discriminated against by Avolve for exercising any of your California privacy rights.
• Right to Opt-out of Sharing: You can request to be opted-out from the sharing of your personal information for targeted advertising.

To exercise any of your California privacy rights (or to have an agent do so on your behalf), please email us at privacy@avolvesoftware.com with the subject line “California Privacy Request”. We will need to verify your identity and request before taking your requested action(s). If an agent makes a request on your behalf, we will need to verify that agent’s authority to act on your behalf, and we may need you to verify your identity directly with us.

10. Additional Information for Certain Other U.S. Residents

If you reside in another U.S. state that currently has a comprehensive privacy law in effect (such as Colorado, Connecticut, Utah, or Virginia), you may be entitled to exercise the following privacy rights:

• Right to know or access your personal information
• Right to update or correct your personal information
• Right to deletion of your personal information
• Right to nondiscrimination for exercising any of your privacy rights
• Right to opt out of the processing of your personal information for purposes of (i) targeted advertising or (ii) automated decision-making or profiling in furtherance of decisions that produce a legal or similarly significant effect on you.

To exercise any of these privacy rights, if they apply to you, please email us at privacy@avolvesoftware.com with the subject line “Privacy Request”.

11. Additional Information for UK and EEA Residents

If the processing of your personal data is subject to UK or EEA data protection law, you are entitled to exercise the following rights:

• Right to Access: You can request access to the personal data we have collected about you (note that much of that information is provided in this Privacy Policy).
• Right to Rectification: You can request that we update or correct your personal data.
• Right to Erasure: You can request that we delete personal information we have about you, subject to certain exceptions permitted by law.
• Right to Withdraw Consent: If the processing of your personal data is based on your consent, you can request to withdraw that consent for future processing. (You can also exercise this right in part by disabling or limiting the use of cookies as described above under “Your Privacy Choices” → “Cookies”).
• Right to Data Portability: You can request your personal data be provided to you in a format that can be transferred to another provider or similar services.
• Right to Object to or Restrict Processing: You may object to or request that we restrict processing your personal data in certain circumstances, such as when you believe that such processing is unlawful.
• If you are a resident of France, you may send us specific instructions regarding the use of your personal data after your death.

To exercise the above rights, please send an email to privacy@avolvesoftware.com with the subject line “[UK/EEA] Privacy Request”. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the services you use, operate our business, to meet our contractual and legal obligations, to protect the security of our systems and our customers, or to fulfil other legitimate interests.

12. Third Party Content

The website may make available or provide links to third party content. Avolve does not control, and is not responsible for, any third party content, and this Privacy Policy does not apply to third party content. We encourage you to review the privacy policies applicable to any third party content before engaging with it.

13. Contact

If you have any questions about this Privacy Policy or would like to exercise one of your privacy rights, you can reach us at privacy@avolvesoftware.com or by mail at: 21001 N Tatum Blvd, Suite 1630-503, Phoenix, AZ 85050.