Emburse Privacy Statement

This Emburse Privacy Statement (“Privacy Statement”) describes the various ways that Charger TopCo, Inc, dba Emburse ("Emburse" or "we" or “us” or “our”) processes information about you that is collected by Emburse in the context of sales and marketing activities and explains how Emburse uses such information for its own business purposes. As used in this Privacy Statement, “Personal Data” means any data collected through the various Emburse online, digital, electronic sites and technologies, such as public-facing sales and marketing websites, social media pages, chat features and online conversations, or HTML-formatted e-mail messages we use to pursue our sales and marketing activities and that can be used to directly or indirectly identify an individual but excluding any business applications. If you use business applications offered through an Emburse subsidiary or affliated company, like Abacus, Captio, Certify Chrome River, Nexonia, SpringAhead, Tallie, Emburse expense or Emburse Cards for which your company, institution, or other providing entity (“Providing Entity”) has subscribed either directly with an Emburse subsidiary or affiliated company or indirectly via an authorized reseller, please see the privacy policy on the applicable website for such entity for information on how we access, use, store, collect or disclose data about you on behalf of your Providing Entity. In this Privacy Statement, “goods and services” includes access to Emburse’s web sites, offerings, contests, sweepstakes, other content, non-marketing related newsletters, whitepapers, events, conferences, webinars and seminars.

Data Controller. When you visit the Emburse website, the data controller is the Emburse entity named in the legal disclosure page on the Website.

Links to other websites. This website may contain links to foreign (meaning non-Emburse companies) websites. Emburse is not responsible for the privacy practices or the content of such foreign websites. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.

Use of Emburse websites by children. Emburse’s Channels are not directed to users under the age of 13. If you are younger than 13, you may not use our Channels. If you are a parent or guardian and believe we may have collected information about a child, please contact us at: privacy@emburse.com

What information we and others collect from you and how it is collected

We collect your Personal Data. We collect such Personal Data about you directly, indirectly and/or automatically as described below. To the extent permitted by applicable law, we may combine the information collected about you, as described below, including information about the organization for which you work, with other information in our possession or information that you provide to us, and we treat all this information about you as Personal Data.

Direct collection of business information and Personal Data

When you access, use and/or interact with us, we directly collect information you voluntarily provide us:

  • Information about you in the context of your professional activities, such as your name, professional email address, telephone number and country of residence.
  • Information about your company such as the name, size and location of your company, your role within the company and its type of activity.
  • Billing and transactional information when purchasing good and services on the Channels.
  • Information you may choose to provide us when completing any “free text” boxes on our forms (if any at all, for example in surveys or questionnaires) or when posting information or materials on our chat rooms.

Examples of direct interactions with you where you provide us business information and Personal Data about you include the following:

  • Completion and submission of online and other forms for events, webinars, webinars recordings, or asset downloads, or to request information about our businesses and partners.
  • Completion of lead cards at events or other forms, whether in paper or electronic format, providing your business card, badge attendance scanning and other information you provide when you attend an Emburse hosted event or visit an Emburse booth at a trade show or industry or association event.
  • Sales inquiries which you initiate, such as through online chat and/or online “contact-us” link.
  • Subscription to marketing communications and/or submission of marketing preferences.
  • Completion of questionnaires and surveys.
  • Participation in sweepstakes and contests.

Indirect collection of business information and Personal Data

We also obtain business information and Personal Data about you from third party sources, as permitted by applicable law, such as the following:

  • Information collected by our marketing service providers on our behalf, which are a variety of marketing lead generation service providers, marketing opt-in lists or data aggregators or professional event organizers.
  • Information shared with us by Emburse business partners as part of their referral activities.
  • Public databases or other data you may have made publicly available, such as social media posts on professional networks and social media platforms.
  • Information shared with us by the other entities of the Emburse group.
  • Information shared with us by a third party who recommended you, once you have confirmed your agreement for us to keep and process such data (for the purpose of providing you with updates about Emburse’s good and services).

When the data protection laws applicable in the EEA apply to you, in the instances listed above, we shall provide you with the information required by law within the prescribed timeframe (including the name, legal form and address of the source of your Personal Data).

Automatic collection of business information and Personal Data

When you access, use and/or interact with us through a digital channel, you do so using a “Device,” which is either a personal computer, desktop or laptop, or a mobile device such as a smartphone or a tablet. A “Device Identifier” is the number that is automatically assigned to the Device you use to access the digital Channel, and we may identify your Device through its Device Identifier. The “Tracking Technologies” are the various technologies we use to automatically collect Device Identifiers and other information about you, more precisely the following information:

  • Your computer's operating system, Internet Protocol (IP) address (including information derived from your IP address such as your geographic location), Device Identifier, access times, browser type, device type, domain name, duration of visit, referring URL, platform, new and repeat information, time stamp and language, and referring website addresses.
  • Behavioral data about your usage and activity on the electronic channels, such as webpages clicked, websites and content areas visited, content downloaded, date and time of activities.
  • Information obtained from third parties on your interests.

The information collected through Tracking Technologies may be considered Personal Data under applicable data protection laws. For additional information about our use of Tracking Technologies, please see below in How We Follow Visits and Usage (Cookies, Analytics and Advertising).

How your information is used and processed

Legal Basis for Processing. We collect and process your Personal Data with your consent or as permitted under applicable data protection laws to provide the goods and services you use on the Channels, fulfill your inquiry, operate our business, meet our contractual and legal obligations, ensure compliance, protect the security of our systems and our customers, or fulfil other legitimate interests.

Freely Given Personal Data or Consent. As a general principle, granting your consent and providing business information and Personal Data about you is entirely voluntarily and there are no adverse consequences to you if you do not grant a consent when required under applicable law or do not provide the required information. However, there are circumstances where Emburse cannot take action without certain Personal Data because such information is required, such as to process your orders or provide you with access to a web offering or newsletter. In these cases, without the relevant Personal Data, Emburse will not be able to provide you with what you requested.

  • To Provide the information requested by you. If you request information on goods or services from an Emburse affiliated company, we will use the Personal Data which you enter into our online or other forms (typically your name, email and postal address, country of residence, name of company, phone number, job title and role) to process your request. This may include conversation data that you may trigger on various channels (e.g., chat-functionalities or other web appearances, contact forms, e-mails or telephone). When you request information from us regarding goods and services of an Emburse related company, we communicate with you via email and phone to send you notice of information about such goods and services, and to send notices, updates, support and other administrative messages and other disclosures as required by law. For example, when you have registered to attend an Emburse hosted event, even if you have unsubscribed from our email marketing and promotional messages, we will send you emails about related items for this specific event, such as additional activities you can sign up for and event schedule changes or the like. Generally, you cannot opt out of these communications, which are not marketing related but merely required to fulfil your request in the context of the relevant business relationship you initiated. Please note also that we will also use your Personal Data to prevent, detect, mitigate, and investigate fraudulent or illegal activity. When the data protection laws applicable in the EEA apply to you, the legal basis for processing your Personal Data is based on the law (as opposed to being based on your consent).
  • To Ensure compliance with your choices. We use your Personal Data to ensure compliance with your choices. The information that is indeed required to track your choices regarding the processing or use of your Personal Data or receiving marketing materials is stored and exchanged between members of the Emburse group as necessary to ensure compliance.
  • Legitimate Interest: To Operate and Improve our engagements, to keep you up to date, to follow-up on a referral, communicate through social media channels, to append data or request your feedback. Emburse processes and uses your Personal Data based on its legitimate interest for the use cases below. Your right to object to processing based on legitimate interest is explained below in “Your European Privacy Rights”:
    • We may anonymize Personal Data provided under this Privacy Statement to create anonymized data sets which will then be used to improve Emburse products and services or for insights into our customer behavior for public relations purposes.
    • In case of telephone calls or chat sessions, we may record such calls, after informing you accordingly during that call and before the recording starts, or chat sessions to improve the quality of our services.
    • We may engage into communications with you for marketing purposes through social media channels until you request us to not be contacted any longer.
    • As described above, we also obtain business and Personal Data about you from third party sources, as permitted by applicable law, such as third-party data aggregators, public databases, or posts on social or professional networking platforms. We may combine this information with information you have provided to us to ensure that our records about you are accurate and provide you with more relevant content.
    • Within an existing business relationship between you and Emburse, we may inform you, where permitted in accordance with local laws, about webinars, seminars, conferences or events, that are similar or relate to goods and services you have already ordered or used from Emburse. In addition, when you have attended a webinar, seminar or event of Emburse, we may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, good or service.
  • To create and maintain a digital user profile. Emburse may offer you the option to use web offerings such as forums, blogs, and networks linked to this website that may require you to register and create a user profile. User profiles provide the option to display personal information about you to other users, including but not limited to your name, photo, social media accounts, postal or email address, or both, telephone number, personal interests, skills, and basic information about your company. Kindly note that without your consent for Emburse to create such user profiles, Emburse will not be in a position to offer such services to you where your consent required under applicable law. Within any web offering, in addition to access your profile is used to personalize interaction with other users, such as with messaging or “follow” functionality, and by Emburse to enhance the quality of communication and collaboration through such offerings and for Emburse to provide gamification elements (gamification is the process of taking something that already exists, such as a website, an enterprise application, or an online community, and integrating game mechanics into it to motivate participation, engagement, and loyalty). To the greatest extent supported by the relevant web offering, you can use the functionality of the relevant web offering to determine which information you want to share.
  • To accommodate your special requirements. In connection with the registration for and providing access to an event, conference or seminar we may ask for information about your health for the purpose of identifying and being considerate of individuals with disabilities or special dietary requirements throughout the event. Any such use of information is based on your consent which shall be collected upon your registration to the event, conference or seminar. If you do not provide any such information about disabilities or special dietary requirements, Emburse will not be able to take any respective precautions.

How we follow visits and usage

We may use Tracking Technologies such as cookies, beacons, tags and scripts which are used in analyzing trends, administering the website, tracking users’ movements around the website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

Local Storage Objects (HTML 5)

We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs.

Behavioral Targeting / Re-Targeting

  • We use analytics, including analytics conducted by third party partners, to help improve our digital channels and your user experience, such as remembering you when you return, understanding your preferences and interests, and knowing which of our Web pages are visited and which Channels are most often used.

How your information is shared

We work with affiliated and third party vendors, consultants and other service providers that help us run our sales and marketing activities. These companies provide work and services such as email delivery, postal delivery, collecting business information and Personal Data about you on our behalf, event/campaign registration and management, information technology and related infrastructure services, data analysis and insight, auditing and other similar services. In some cases, these companies need access to some of your Personal Data to carry out their work for us. They are not permitted to use your Personal Data for their own promotional or business purposes.

Based on your consent, (where legally required), we may share your contact information with sponsors, co-sponsors and/or exhibitors of events and/or conferences organized and hosted by Emburse for their own marketing and promotional purposes. Please note that our sponsors, co-sponsors and/or exhibitors may directly request your information at their conference booths or presentations. You should review their privacy policies to learn how they use personal information.

If you register for an event, seminar, webinar or conference of Emburse, based on your consent we may share basic participant information such as your name, company and email address with other participants of the same event, seminar, webinar or conference to foster the communication and exchange of ideas.

We may also share your information in the following circumstances:

  • In an aggregated form that does not directly or indirectly identify you, such as statistical information about visitors to our digital channels.
  • When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Emburse, our users, or others; and in connection with the enforcement of our terms and contracts.
  • In connection with a corporate transaction, such as a divestiture, merger, acquisition, consolidation, or asset sale (or the negotiation thereof), or in the unlikely event of bankruptcy.
  • As required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, data protection authority request or legal process served to us.

How your information is kept safe

Emburse maintains data handling and storage practices and procedures that are designed to promote the integrity and confidentiality of Personal Data. We update and test our security technology on an ongoing basis. We use commercially acceptable means to protect your Personal Data in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction, but we cannot guarantee its absolute security.

How your information is transferred internationally

As part of a global group of companies, Emburse has affiliates and third-party service providers within, as well as outside of, the EEA. Therefore, your Personal Data may be transferred, used, processed or stored in the United States or any other country where Emburse operates, including jurisdictions that may not have data privacy laws that provide protections equivalent to those provided in your home country. We take steps designed to ensure that the Personal Data we collect under this Privacy Statement is processed according to the provisions of this Privacy Statement and applicable law wherever the data is located. By providing your information to us, you agree to that transfer, storage, and processing in the United States and other countries outside of the European Union. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our digital channels. When we transfer Personal Data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection, such transfer is based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) or other acceptable mechanism (including the US Privacy Shield) in order to contractually ensure that your Personal Data is subject to a level of data protection which applies within the EEA or other permitted mechanism. You may gain information regarding such transfer by sending a request to privacy@emburse.com.

How your information is stored and retained

We store and retain your Personal Data for as long as necessary to fulfill the purposes described in this Privacy Statement. For clarity, in circumstances where we are required by law to retain your Personal Data longer, such as for tax, legal, accounting or other purposes, or where we need your Personal Data to assert or defend against legal claims, we will retain such information until the end of the relevant retention period or the resolution of such claim.

What privacy choices and changes are available to you

You can unsubscribe from promotional emails by: (1) following the unsubscribe instructions in the footer of each email; or (2) replying directly to the email with your request to opt out or limit frequency. You can also find details on how to control e-mail communications by accessing your email preferences from any email. If you have any problems using any of these opt-out mechanisms, please contact us at privacy@emburse.com.

You can customize and control the privacy practices of our third-party advertisers and analytics service providers through your cookie preferences. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use, including how to opt-out of interest based advertising they deliver. To opt-out of Google Analytics web tracking you can download Google Analytics Opt-out Browser Add-on.

Your European privacy rights

If required by applicable law, we adhere to the following rights described below.

If you wish to exercise any data protection and privacy right that is available to you, we will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes and/or to complete transactions that you began prior to requesting any deletion.

  • Right to object to Processing based on Consent and Legitimate Interest. Where we seek to rely on your consent or where we rely on our legitimate interest in order to process certain parts of your Personal Data (for instance as explained above when we provide you updates about Emburse’s goods and services or when we try to keep you up-to-date and request feedback), you have the right not to provide your consent or to withdraw your consent at any time. In case of withdrawal, Emburse will not process the Personal Data subject to this consent any longer unless legally required or unless such Personal Data is permitted to be used by Emburse for another purpose set out in this Privacy Statement or we determine and demonstrate a compelling legitimate interest to continue in processing your Personal Data. In case we are required to retain your Personal Data for legal reasons, such data will be restricted from further processing and only retained for the term required by law. Withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, if your use of a good or service requires your prior consent, we will no longer be able to provide the relevant good or service to you after withdrawal of your consent.
  • Right of Information and Access. You can require Emburse to confirm at any time that Emburse is processing your Personal Data, or to have access to the Personal Data Emburse may have about you. You may also request information about the purpose of the processing as well as the legal basis for the processing, including the legitimate interest, if applicable, the categories of Personal Data concerned, third parties that might have received the data from Emburse, the source of the Personal Data, if you did not provide it directly to Emburse, and how long it will be stored. Reasonable access to your Personal Data will be provided at no cost to you upon request. If access cannot be provided within a reasonable time frame, Emburse will provide you with a date when the information will be provided. If for some reason access is denied, Emburse will provide an explanation as to why access has been denied.
  • Right to Rectification. You have a right to correct the record of your Personal Data maintained by Emburse if it is inaccurate.
  • Right of Erasure. Where applicable, you may have the right to the erasure of Personal Data that we hold about you, such as it is no longer necessary for the purposes for which it was originally collected but only if there is no statutory obligation or prevailing right of Emburse to retain it. Or, if applicable, you withdraw your consent provided, or where your Personal Data was processed by Emburse based on legitimate interest, including profiling.
  • Right to Data Portability. If Emburse uses your Personal Data on the legal basis of either your consent or performance of a contract with you, you may also request from Emburse a copy of the Personal Data you provided to us, clearly stating which Personal Data you require from Emburse, to which processing operations the request relates and in which format and whether the Personal Data shall be provided to you or another recipient. We will carefully review your request and discuss with you how it can be best implemented.
  • Right to Restriction of Processing. You can request that Emburse restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data Emburse has about you is incorrect, (but only for as long as we are required to check the accuracy of the relevant Personal Data), (ii) there is no legal basis for us processing your Personal Data and you demand that we restrict your Personal Data from further processing, (iii) we no longer require your Personal Data but you claim that you require us to retain such data in order to claim or exercise legal rights or to defend against third party claims or (iv) in case you object to the processing of your Personal Data by us, where based on our legitimate interest, for as long as it is required to review as to whether we have a prevailing interest or legal obligation in processing your Personal Data.
  • Right to lodge a complaint. If you take the view that Emburse is not processing your Personal Data in accordance with the requirements set out in the Privacy Statement or applicable EEA data protection laws if such laws apply to you, you can at any time lodge a complaint with the data protection authority of the EEA country where you are. A list of the national data protection authorities can be found at ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
  • Other rights. As applicable under French law, you can also send us specific instructions regarding the use of your Personal Data after your death.

If you would like to exercise any of the above rights, please contact privacy@emburse.com so that we may consider your request under applicable law, verify any relevant legal requirements and exemptions, including steps to verify your identity before complying with the request.

Your California privacy rights

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For more details about the personal information collect, including the categories of sources, please see the What Information We Collect section above. We collect this information for the business and commercial purposes described in the How Your Information is Used section above. We share this information with the categories of third parties described in the How Your Information is Shared section above. Emburse does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in the How We Follow Your Visits and Usage section above.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@emburse.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Changes to this privacy policy

We may update this Privacy Statement from time to time without notice to you other than posting the revised Privacy Statement on the Channels or by providing such notice about or obtaining consent to changes as may be required by applicable law. If we change our Privacy Statement, we will post those changes to this Privacy Statement and change the "last updated" date above. We encourage you to periodically review this Privacy Statement for the latest information on our privacy practices.

Questions

Notwithstanding the right you may have to lodge a complaint as stated about “Your European Privacy Rights”, if you have any questions about this Privacy Statement or to file any complaint regarding this Privacy Statement, please contact us at privacy@emburse.com

Emburse will investigate and attempt to resolve complaints and disputes regarding the collection, use, and disclosure of Personal Data by referencing the privacy principles stated in this Privacy Statement. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at feedback-form.truste.com/watchdog/request.