New Pendulum Privacy Notice

Effective date: 05/01/2023

We value your privacy and are committed to safeguarding your personal information. This Privacy Notice (“Notice”) applies to your interaction with New Pendulum (“New Pendulum”, “we”, “us”, or “our”). This Notice describes how New Pendulum collects, uses, shares, and protects your personal information, along with your rights and choices surrounding such information when you visit our site, newpendulum.com (“Site”), or otherwise interact with us (“Services”).

In this Notice, personal information means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household (‘personal information’).

This privacy notice does not cover your interactions with any of our Family of Companies owned by New Pendulum. For information on the privacy practices of these entities, please refer to the privacy notices for those specific entities provided on their website.

Personal Information We Collect About You

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

Categories Of Personal Information We Collect

• Contact Information such as your name, email address, or phone number.
• Correspondence information when you contact us, such as to send an enquiry or any personal information you include in free text boxes.
• Third-party information such as Personal Information about you collected through our affiliates, business partners, and vendors who provide services on our behalf.
• Business Development and Strategic Partnerships information from individuals and third parties to assess and pursue potential business opportunities.
• Analytics Information collected automatically as you navigate our Services.  This includes cookies, tracking pixels, tags or similar tools.  For more information, please view the “Cookies and Other Tracking Technologies” section below.
• Device Information collected automatically as you navigate our services. This includes hardware model, screen size, language and other settings, memory capacity, plug-ins, internet service provider, internet domain, TCP configuration parameters, operating system, application version number, browser, names, versions and package IDs of software on your device, and IP addresses.

Cookies and Other Tracking Technologies

Cookies are small text files that may be placed on your Web browser when you visit our Site, or when you view advertisements that we have placed on other Web sites. Cookies allow your browser to remember some specific information which the Web server can later retrieve and use.  When you quit your browser, some cookies are stored in your computer’s memory, while some expire or disappear.

To enable features at the Site, we may assign one or more “cookies” to your Internet browser. Cookies, among other things, speed navigation through our Site, keep track of information so that you do not have to re-enter it each time you visit our Site, and may provide you with customized content.

Cookies are used primarily for administrative purposes, to improve your experience with our Site.

We use Cookies for the following purposes:

• Website Operation. Essential cookies that help us run our Site securely and enable basic functions like page navigation.
• Performance and Analytics. Cookies help us analyze how you interact with our Site. These Cookies enable us to monitor and improve website performance, Services, and your experience.

If you wish to prevent Cookies from tracking your activity, or visits across multiple websites, you can set your browser to block certain Cookies or notify you when a Cookie is set. If you block Cookies, certain features and Services may not work.

We are not responsible for the completeness, effectiveness, or accuracy of any third-party opt-out options or programs.

You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.

Do Not Track

Some website browsers offer a “Do-Not-Track” setting or extension you can activate to signal your preference not to have data about your online browsing activities monitored and collected.  Because there is no industry standard for these signals, our Services do not respond to your browser’s do not track request.

Global Privacy Control

Some website browsers offer a universal opt-out setting or extension you can activate to signal your preference to opt-out of the sale or sharing of your personal information. Our Services do not respond to your browser’s do not track request.

How We Use Your Personal Information

We use your information for a variety of business purposes, for administrative purposes, and to market our Services, as described below.

• Operate our business. We use Personal Information to allow you to use our Services; for our legitimate business purposes as permitted by law; and to otherwise run our day-to-day operations.
• For other operational purposes. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information. If we intend to use your Personal Information for any additional purpose not specified in this Notice, we will notify you (and, if necessary, obtain your consent) before using your Personal Information in this way.
• For contractual obligations. Enforcing our agreements and policies.
• Communicate with you. We may use Personal Information to communicate with you about our Services, and to respond to your inquiries, including if you contact us with a question or concern.
• Provide marketing and advertising. We may use Personal Information to pursue our legitimate interests to contact you with information regarding our Services and those of our affiliates that we believe may be of interest to you. This may include commercial emails sent on behalf of ourselves, our affiliates, and our advertisers.
• Comply with legal requirements. We may use Personal Information to comply with lawful court orders, law enforcement requests, or other legal requirements.
• Evaluate and improve our services. We may use the Personal Information we collect to evaluate and improve our Services and to measure, improve, and understand the effectiveness of our Services and its features. We may also use this information to develop new Service offerings. 
• Use for security purposes. We may use Personal Information to mitigate fraud and protect New Pendulum. Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.
• Use for administrative purposes. To assess the usage, value and performance of our online products and services; to improve your experience with the site; ensuring internal quality control and safety; Auditing relating to interactions, transactions, and other compliance activities; authenticating and verifying individual identities, including requests to exercise your rights under this Notice; and as otherwise permitted by applicable law or regulation.
• Processing applications. If you apply for a job that we post through our Services.

How We Disclose Your Personal Information

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

• Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
• Business Partners. We may share your personal information with business partners to provide you with a service you have requested. We may also share your personal information with business partners with whom we jointly offer services.
• Affiliates. We may share your personal information with our affiliates for example: for our administrative purposes, IT management, or for them to provide services to you or support and supplement the Services we provide.
• Advertising Partners. Through our Services, we may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising,” “cross-context behavioral advertising,” or “personalized advertising.” 
• Business transactions or mergers.  We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction.  Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence.  If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
• Bankruptcy or insolvency.  In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process.
• For legal purposes.  We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful of unlawful user activity on the Sites.  We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention.  We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

If we are ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.

Privacy Rights

The privacy rights you have regarding your personal information are determined by the applicable laws of your country, region, or state of residency and are described below:

• Email Communications: If you receive unwanted marketing or promotional emails from us, you may opt out of all future emails by using the unsubscribe link found at the bottom of the email. Please note that any non-promotional or transaction-related emails you have requested concerning our Services will continue to be sent.
• Text Messages: If you receive unwanted text messages from us, you may follow the instructions in the text message received from us to opt out of future emails or by reaching out to us as set out in the "Contact Us" section of this Notice.
• Phone Calls: If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the directions which may be available on the call or by reaching out to us as set out in the “Contact Us” section of this Notice.

European User Privacy Rights

This section of our Notice is applicable to persons located in the European Union (“EU”), an European Economic Area member state (“EEA”), United Kingdom (“UK”), or Switzerland as well as to persons whose personal information is processed in or transferred from the EU, EEA, UK, or Switzerland.  You are entitled under the EU General Data Protection Regulation and UK General Data Protection Regulation (collectively, the “GDPR”), to make a request to exercise all the rights listed below.

• Access: The right to request that we disclose what Personal Information we collect, use, disclose or sell about you.
• Deletion: The right to request the deletion of Personal Information we have collected or maintain about you.
• Correction of Inaccurate Personal Information: The right to request any inaccurate Personal Information about you maintained by New Pendulum be corrected.
• Restriction of Sensitive Data: The right to direct New Pendulum to limit its use of the consumer’s sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
• Portability: The right to have specific pieces of personal information transferred to another entity in a format easily understandable to the average consumer, and a commonly used, machine-readable format.
• Object to or Restrict: our processing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes, including (i) the right to opt-out of the sharing of personal information, (ii) object to or restrict our use of or your sensitive personal information, including the right to opt-out of the sharing of sensitive personal information, and (iii) opt out of the processing of your personal information for purposes of (a) targeted advertising, and (b) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you; and

If we require your consent to process any of your information, we will request this consent separately. To the extent that we rely on your consent to process any of your personal data, you have the right to withdraw your consent to such processing at any time.

You also have the right to lodge a complaint with a supervisory authority, in particular that in your Member State of residence, where applicable.

The lawful basis for processing your personal information is made up of one or more of the following reasons depending on the circumstances: (i) your consent, and/or (ii) providing the services you have requested, and/or (iii) legitimate interests, and/or (iv) compliance with applicable laws, regulations, court orders or other legal process.

If you would like to exercise any of these rights, please “Contact Us” as set forth in this Notice. We will process such requests in accordance with applicable laws.

Cross-Border Transfers of Personal Information

Our Services are operated in the United States.  Personal information about you provided while in the EU, an EEA member state, the UK, or Switzerland may be transferred to the United States.  The United States does not have an adequacy decision or adequacy regulation.  The GDPR permits such transfers when necessary for the performance of a contract between you and us, if we obtain your explicit consent to such transfer, or if it is in our legitimate interest to transfer the personal information.  The laws in the United States may not be as protective as the GDPR or the laws of other jurisdictions where you may be located.  If we transfer personal information from the EU, EEA, UK, or Switzerland, or another country with cross-border transfer obligations, we will provide an appropriate safeguard, such as using standard contractual clauses.

To obtain a copy of the safeguard(s), please contact us using the information provided in the “Contact Us” section below.

Children’s Privacy

Our services are not intended for children under 18 years of age, and you must be at least 18 years old to have permission to use our services and/or access our website. We do not knowingly collect, use, or disclose personal data from children under 13. If you believe that we have collected, used, or disclosed the personal data of a child under the age of 13, please contact us using the contact information provided in the “Contact Us” section of this notice, so that we can take appropriate action.

Retention of Personal Information

Personal information we collect as described in this Notice is stored for as long as necessary to fulfill the purpose(s) for which it was collected.  Personal information may be retained for longer periods in accordance with legal requirements, to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Security of Your Personal Information

The security of your personal information is important to us.  We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.  If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

However, we cannot and do not guarantee complete security, as it does not exist on the Internet.

Changes To This Notice

As we enhance our Site and Services, we may need to change this Notice. Since we may update this Notice from time to time, we suggest that you check back to understand how we treat your information. Any changes that we incorporate into this Notice will be prospective only. We will not make any changes that have a retroactive effect unless we are legally required to do so. You should check these terms when you use the site. Any continued use of the Site and Services constitutes acceptance of the most current version of this Notice. You can see the last time this notice was updated by checking the effective date at the beginning of this Notice.

Contact Us

If you have any questions about this Privacy Notice, please contact us by email at, info@newpendulum.com.