Privacy Policy

At evisio, we are committed to protecting your Personal Data and to providing clear and transparent disclosures about the types of information we collect and how we use it. 

For your further visits to our website, we would like to inform you about data collection, processing and use our website and online services (the “Services”). As well as objection, revocation, and other rights to which you are entitled as a person affected by data collection and use. 

In principle, we will only use your Personal Data in accordance with the applicable data protection laws, in particular the Texas Data Privacy and Security Act (TDPSA). We would like to ask you to read this policy along with our Cookie Policy, CCPA Compliance Statement and GDPR Compliance Statement, as applicable,.

General Information

  1. What is Personal Data?

Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not Personal Data. This includes, for example, the number of users of a website. 

  1. What is processing?

“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

  1. Responsible for data processing

Responsible for data processing is Evisio LLC of 2021 Guadalupe Street Suite 260 Austin, TX 78705, USA (“evisio”, “we”, “us”, or “our”). We act as the data controller and ask you to direct all questions about your Personal Data directly to us using hello@evisio.co, use our Contact Form, or write to us at the above address. 

General Principles

  1. Security

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. 

You can recognise an encrypted connection if the address line of your browser contains a “https://” instead of a “http://” and also has a lock symbol. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

We have also implemented numerous security measures for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website. 

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. 

Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

  1. Minors

We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.

  1. Automated decision-making

Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.

  1. Do Not Sell

We do not sell your Personal Data.

  1. Special Category Data

Unless specifically required when using our services and consent is obtained for that particular service, we do not process special category data.

  1. Social Media

We are present on social media on the basis of our legitimate interest. If you contact us (or login/connect with us) via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.

  1. International Transfer

We usually do not transfer Personal Data outside the USA, however, if we do we provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

  1. How long is your data stored?

We process and store your Personal Data only to achieve the respective processing purpose or for as long as a legal retention period exists (in particular Texas` commercial and tax law for up to 7 years). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

  1. Sharing and Disclosure

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; as required by law or regulation; if evisio (or a part of evisio) is sold to or merged with another company; or proceedings at home or abroad or to fulfill our legitimate interests.

Data we collect automatically 

  1. General Data

Our website collects a series of general data and information every time you visit. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which you accesses our website (so-called referrer), (4) the sub-pages you visit, (5) the date and time you access to our website, (6) your Internet protocol address (IP address), (7) your Internet service provider and (8) other similar data and information that serve to avert danger in the event of attacks on our website and systems.

When using this general data and information, we do not draw any conclusions about you. Rather, this information is needed (1) to deliver the contents of our website, (2) to optimize the contents of our website, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. 

Thus we analyze anonymously collected data and information on one hand for statistical purposes, and on the other hand for the purpose of increasing the data protection and data security and ultimately ensuring an optimal level of protection for the Personal Data we process. 

  1. Use of cookies

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: a) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and b) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies). 

As set out in the EU`s Privacy and Electronic Communications Regulations (“PECR”), we need to obtain consent for the use of Non-essential Cookies and do so when you visit our website for the first time using the Cookie Consent Management. For further information on the Cookies we use, please refer to our Cookie Policy.

Data we collect directly

  1. General

We may ask you for Personal Data when you:

  • use our website,
  • request services, support or information,
  • participate online or otherwise in marketing activities,
  • subscribe to evisio marketing and promotional emails or other materials,
  • interact with us on third-party social networking sites (subject to the terms of use and privacy policies of said third parties), or
  • contact us.

Categories of Personal Data we collect may include your name, email address, and IP addresses. We may also collect demographic data such your interests, and preferences. 

In order to provide you with a more consistent and personalized user experience in your interactions with evisio, data collected through one source may also be linked to other data collected by evisio through other sources. This may include data that helps us identify you when you access our website through several different devices.

  1. Contacting us

Personal Data is processed depending on the contact method. In addition to your name and email address, IP address or telephone number, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is both your consent and Contract.

  1. Account Registration 

If you register on our website, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form. The entry of your data is encrypted so that third parties cannot read your data when it is entered. The basis for this storage is our legitimate interest in communicating with registered users and, in the case of contracts, also the storage of contract data. 

  1. When using our services

We process the data of our registered users in order to be able to provide our contractual services as well as to ensure the security of our services and to be able to develop it further. This includes in particular our support, correspondence with you, invoicing, fulfillment of our accounting and tax obligations. Your data will not be used by us for automated decision making or profiling, nor will it be shared with third parties. Accordingly, the data is processed on the basis of fulfilling our contractual obligations as well as to fulfill our legal obligations. The legal basis for the data processing is the fulfillment of our contractual obligations and, in individual cases, the fulfillment of our legal obligations as well as your consent.

  1. Data we process from your integration 

We process the Personal Data involved in your use of our evisio API in order to be able to provide our contractual services. This includes in particular Personal, Special Category (if provided) and Non-Personal Data you or your end users may submit in emails and content. In particular you may use our mailbox integration which allows you to link our evisio API with Gmail and/or Microsoft (Outlook, Exchange Online, Office365) accounts via API or widgets and social media features, such as the Facebook button. 

The scope of the data processed depends on your use of our our evisio API usually requires the processing of IP addresses, Initial email’s subject and body text, Replies email’s subject and body text, API token, Thread and message ids, Recipient(s) and sender of emails, Metadata: time/day of email sending, delivering, opening, replying, email status. We process this data as a data intermediary and in accordance with your instructions and use it only for the purposes agreed between you and us. All such Personal Data will be protected and retained in accordance with this Privacy Policy and our Compliance Statements.

Please note when using our services and integrating our evisio API, you become the data controller and we become the data processor. Where we process your Personal Data as a data intermediary on behalf of you, we will process the Personal Data involved in accordance with your instructions and shall use it only for the purposes agreed between you and us.

We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.

f) Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest. 

g) Credit/Debit Cards Payments

Payment by credit card and debit card is made via our payment service provider to which you pass on your payment details during the checkout, for payment processing. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

Data processing through integration of third-party services and content on our website

We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services (“content”). 

This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. 

The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any:

Data from third party sources

We may obtain data about you from third-party sources, such as our marketing partners, social networks, and other third parties. We may use this data to better analyze your user behavior to improve our ability to provide you with relevant marketing information and services, and to prevent and combat fraud.

Insofar as you have also given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

Your Rights and Privileges 

  1. Privacy rights 

Under the TDPSA, you can exercise the following rights:

  • Right to Confirm

The right to confirm whether a controller is processing a consumer’s personal data.

  • Right to Access

The right to access personal data that is being processed.

  • Right to Correct Inaccuracies

The right to correct any inaccuracies in consumers’ personal data.

  • Right to Delete

The right to delete personal data provided by or obtained about the consumer.

  • Right to Obtain a Personal Copy

The right to obtain a portable copy of the consumer’s personal data.

  • Right to Opt-Out

The right to opt-out of processing of personal data for purposes of:

  • targeted advertising
  • the sale of personal data
  • profiling

If you have any questions, please contact us.

  1. Updating your information

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

  1. Withdrawing your consent 

You can withdraw consents you have given at any time by contacting us. 

  1. Access Request 

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

  1. Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The supervisory authority is: The Texas Attorney General, PO Box 12548, Austin, TX 78711-2548, www.texasattorneygeneral.gov

  1. COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

  1. CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

  1. Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.

  1. Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

Changes and Questions

We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Data, we will revise this Privacy Policy accordingly and also change the effective date at the end of this section. We encourage you to periodically review this Privacy Policy to be informed of how we use and protect your Personal Data. If you would like to contact us regarding this policy, please email hello@evisio.co, use our Contact Form or write to us at the above address.

Effective Date

Monday, July 17, 2023