Last Updated: February 17, 2022
We care about your privacy. If you have questions about our policies as it may pertain to you, you can contact firstname.lastname@example.org.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for you to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CPA Soft LLC D/B/A ElephantCPA, Totowa, NJ 07512. For the purpose of the GDPR, the Company is the Data Controller.
Device means any device used by you that can access the Service, such as a computer, a mobile phone, or a digital tablet.
Personal Information refers to any information that identifies you, relates to you, or could be used, whether on its own or in combination with other information, to identify you. Types of Personal Information include but are not limited to:
First and last name
Internet Protocol (IP) address
Usernames on third-party services
Social Security Number or identification (ID) number
Device-specific identifiers or advertising IDs
Other signaling or networking information generated about your interaction with our Website or another website or service
Service refers to any functionality and/or product that We may make available or provide to you.
Third-party Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data the Company collects, whether generated by your use of the Service or any other product the Company makes available to you.
Website refers to ElephantCPA, accessible from https://elephantcpa.com.
Collecting and Using Your Personal Information
Types of Data Collected
While using Our Service, We may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
First name and last name
Address, City, State, Province, ZIP/Postal Code
Social Security number or ID number
When you pay for a product and/or a service via bank transfer, We may ask you to provide information to facilitate this transaction and to verify your identity. Such information may include, without limitation:
Date of birth
Passport or National ID card
Other information linking you to an address
Usage Data is collected automatically when using the Service.
Usage Data may include information such as your device's Internet Protocol (IP) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, including advertising identifiers, and other signal information.
When you access the Service by or through a mobile device, We may collect certain information automatically, including but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.
Information from Third-Party Services
Usage of certain features of the Service may require you to create an account on a third-party website or Service, including but not limited to:
If you decide to register with or otherwise grant us access to a Third-Party Service, We may collect or share your Personal Information that is associated with your Third-Party Service's account, such as your name, your email address, your activities, or other Personal Information associated with that account.
Tracking Technologies and Cookies
Cookies can be "Persistent" or "Session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and We only use these Cookies to provide you with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow Us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features, or new functionality of the Website to see how our users react to them.
Other types of cookies We may use:
Flash cookies or Local Shared Objects. Certain features of our Service may use local stored objects (or Flash cookies) to collect and store information about your preferences or your activity on Our Service. Flash cookies are not managed by the same browser settings as those used for cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Use of your Personal Information
The Company may use your Personal Information for the following purposes:
To provide and maintain Our Service: Including to monitor the usage of Our Service.
To prevent fraud and/or for security related purposes: To minimize and prevent fraudulent usage of Our Service and your Personal Information.
To manage your Account: To manage your registration as a user of the Service. The Personal Information you provide can give you access to different functionalities of the Service that are available to you as a registered user.
For the performance of a contract: The development, compliance, and undertaking of the purchase contract for the products, items, or services you have purchased or of any other contract with Us through the Service.
To contact you:Communicating with you via telephone or electronic communication, regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide you more information: News, special offers, and general information about other goods, services, and events which We offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information by contacting Us at email@example.com.
To manage your requests:: To manage your interactions with Our Service, including processing and intermediating your use of the Website and Service.
For business transfers: To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about our Service users is among the assets transferred.
For other purposes: For other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.
We may share your Personal Information in the following situations:
With other service providers: To monitor and analyze the use of our Service, for payment processing, or to contact You.
For business transfers: In connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With affiliates: Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
With business partners: To offer you certain products, services, or promotions.
With other users: When you share Personal Information or otherwise interact in the public areas of Our Service with other users, such information may be viewed by other users and may be publicly distributed outside of the Service.
With your consent: We may disclose your Personal Information for any other purpose with your consent.
Retention of Your Personal Information
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Information
Your information, including Personal Information, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.
Disclosure of Your Personal Information
Under certain circumstances, the Company may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Other Legal Requirements
The Company may disclose your Personal Information in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Website or Service
Protect the personal safety of Users of the Website or Service or the public
Protect against legal liability
Security of your Personal Information
The security of your Personal Information is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your Personal Information, We cannot guarantee its absolute security.
General Data Protection Regulation (GDPR) Privacy
The European Union’s GDPR applies to European Union (EU) citizens and residents including users of this Website or Service. The section below addresses GDPR Privacy.
Legal Basis for Processing Personal Information under GDPR
We may process Personal Information under the following conditions:
Consent: You have given your consent for processing Personal Information for one or more specific purposes.
Performance of a contract : Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Information is necessary in order to protect your vital interests or those of another natural person.
Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights.
Request access to your Personal Information. The right to access, update, or delete the information We have on you. Whenever made possible, you can access, update, or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables you to receive a copy of the Personal Information We hold about you.
Request correction of the Personal Information that We hold about you. You have the right to have any incomplete or inaccurate information We hold about you corrected.
Object to processing of your Personal Information. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where We are processing your Personal Information for direct marketing purposes.
Request erasure of your Personal Information. You have the right to ask Us to delete or remove Personal Information when there is no good reason for Us to continue processing it.
Request the transfer of your Personal Information. We will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for Us to use or where We used the information to perform a contract with you.
Withdraw your consent. You have the right to withdraw your consent on using your Personal Information. If you withdraw your consent, We may not be able to provide you with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation, and opposition by contacting Us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, We will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of Personal Information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of Personal Information would only be collected if you provided such Personal Information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Category G: Geolocation data.
Examples: Approximate physical location.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other Personal Information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under the CCPA, Personal Information does not include:
Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA's scope, such as:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of Personal Information listed above from the following categories of sources:
Directly from you. For example, from the forms you complete on our Service, preferences you express or provide through our Service, or from your purchases on our Service.
Indirectly from you. For example, from observing your activity on our Service.
Automatically from you. For example, through cookies We or our Service Providers set on your Device as you navigate through our Service.
From service providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to you.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose Personal Information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:
To operate our Service and provide you with our Service.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our Service.
To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our Service, We will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, We will use that information to process your payment and facilitate delivery.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose, and may have used or disclosed in the last twelve (12) months, the following categories of Personal Information for business or commercial purposes:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose Personal Information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Sharing of Personal Information
We may share your Personal Information identified in the above categories with the following categories of third parties:
Our business partners
Third-party vendors to whom you or your agents authorize Us to disclose your Personal Information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the Personal Information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of Personal Information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to Us by contacting Us.
If you have reason to believe that a child under the age of 13 (or 16) has provided Us with Personal Information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their Personal Information. If you are a resident of California, you have the following rights:
The right to notice. You have the right to be notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
The right to request. Under CCPA, you have the right to request that We disclose information to you about Our collection, use, sale, disclosure for business purposes, and share of Personal Information. Once We receive and confirm your request, We will disclose to you:
The categories of Personal Information We collected about you
The categories of sources for the Personal Information We collected about you
Our business or commercial purpose for collecting or selling that Personal Information
The categories of third parties with whom We share that Personal Information
The specific pieces of Personal Information We collected about you
If we sold your Personal Information or disclosed your Personal Information for a business purpose, We will disclose to you i) the categories of Personal Information categories sold, and ii) the categories of Personal Information categories disclosed.
The right to say no to the sale of Personal Information (opt-out). You have the right to direct Us to not sell your Personal Information. To submit an opt-out request please contact Us at firstname.lastname@example.org.
The right to delete Personal Information. You have the right to request the deletion of your Personal Information, subject to certain exceptions. Once We receive and confirm your request, We will delete (and direct Our Service Providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for Us or Our Service Providers to:
Complete the transaction for which We collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Us.
• Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer's rights, including by:
Denying goods or services to you.
Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties.
Providing a different level or quality of goods or services to you.
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact Us:
By email: email@example.com
By visiting this page on our website: http://www.elephantcpa.com/contact
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your Personal Information.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of your Personal Information. Once We receive and confirm a verifiable consumer request from you, we will stop selling your Personal Information. To exercise your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells Personal Information as defined by the CCPA law. If you wish to opt out of the use of your Personal Information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
"Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with Us can request information once per year about sharing their Personal Information with third parties for the third parties' direct marketing purposes.
If you would like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided below.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
By email: firstname.lastname@example.org
By visiting this page on Our website: http://www.elephantcpa.com/contact