TERVIVA PRIVACY POLICY
Effective Date: August 30, 2019
Last updated: August 30, 2019
Welcome to the Privacy Notice of TerViva (“TerViva,” “we,” “us,” or “our”). This Privacy Notice covers the personal information we collect, use and disclose through your use of our website: TerViva.com (the “Website”).
Please click on the following sections to learn more about our Privacy Notice. You can tell when this Privacy Notice was last updated by looking at the link and at the date at the top of the Privacy Notice. If we make changes to this Privacy Notice, we will post the changes here. If we make a change that significantly affects your rights, we will notify you by way of a prominent posting on our Website or as otherwise required or permitted by law, prior to the change becoming effective. Any changes to this Privacy Notice will become effective upon posting of the revised Privacy Notice. Use of our Website following the posting of a new Privacy Notice constitutes your acceptance of the revised Privacy Notice then in effect. As such, we encourage you to review this site from time to time for the latest information on our privacy practices.
1. WHO WE ARE
2. THE TYPES OF INFORMATION WE COLLECT, AND HOW WE COLLECT THEM
3. HOW INFORMATION IS USED
4. HOW INFORMATION IS SHARED
5. HOW YOUR INFORMATION IS PROTECTED
6. CHILDREN’S PRIVACY
7. YOUR CALIFORNIA PRIVACY RIGHTS
8. THIRD PARTY COLLECTION
9. GEOGRAPHIC LOCATIONS
10. CONTACT US
By using any of our website you understand and acknowledge that we will collect and use YOUR personal information as described in this PRIVACY NOTICE. If you have questions, comments, or suggestions, you can always contact us using any of the ways described in the CONTACT US section.
1. WHO WE ARE
As used in this Privacy Notice, “TerViva,” “we,” “us,” or “our” refers to TerViva BioEnergy, Inc.
2. THE TYPES OF INFORMATION WE COLLECT, AND HOW WE COLLECT THEM
We collect information from you in accordance with this Privacy Notice any time you contact us, interact with us, or use our Website. If you do not provide the information we request, we may not be able to provide features of our website to you.
Personal Information
- Some of the information we collect can personally identify you, including, for example, your name, email, contact information, and information related to your use of the Website.
- We may record or monitor any call you make to us for quality control, to enforce our rights, or for training or similar purposes.
- When you visit or use our Website or interact with us using e-mail, texts or other forms of electronic communication, we may we use cookies, pixel tags, beacons, scripts and similar technologies to automatically collect certain information, including, for example, your IP addresses, MAC addresses, device identifier, browser type, Internet service provider (“ISP”), location, how you interact with our Website, referral/exit sites, operating system, date/time stamp, and clickstream data.
- We treat any non-personal information that is linked to or combined with personal information as personal information.
To see all the categories of personal information we collect from you, click here.
Non-Personal Information
- We may also collect information that does not personally identify you.
- We may aggregate, anonymize, pseudonymize, de-identify or aggregate personal information to create non-personal information.
3. HOW INFORMATION IS USED
Personal Information
- We use your personal information to:
provide you with our Website; - respond to your requests and communications;
diagnose problems with our Website; - improve our Website and communications with our customers and partners;
- provide you with, and improve, relevant marketing or offers from us;
- respond to legally binding requests from law enforcement, regulatory authorities or other third parties;
- defend, protect or enforce our rights, property, or applicable terms of service;
- to prevent fraud or the recurrence of fraud;
- assist in the event of an emergency; and
- comply with applicable law.
We use cookies, pixel tags, beacons, scripts and similar technologies to adjust and optimize our content, to provide you with useful functionalities, to help us make our Website more convenient and efficient, to help us analyze usage trends and patterns, and to tailor online advertisements by us and our partners to you. We may also use analytic software, such as Google Analytics and others, to help us to better understand how our Website functions on your device and for research and development. We may use third party platforms to help us promote interest-based advertisements to you, we may use web tracking tools as described above or a process called hashing, which involves converting the e-mail address, phone number or other contact information you have provided to us into a unique value that these platforms may compare to a unique value created on their platforms. You have options when it comes to cookies and other web tracking tools.
You can set your browser or device to refuse all cookies or to indicate when a cookie is being sent. However, some features or services may not function properly without cookies. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Website does not currently change the way they operate based upon detection of a Do Not Track or similar signal. As the internet and other e-commerce channels continue to develop, we may deploy and utilize different types of technologies to collect data regarding your visit or usage.
We may retain your information for as long as necessary for the processing purpose(s) for which the information was originally collected and any other legitimate business purpose, including, for legal, archival, accounting, and/or audit purposes.
Non-Personal Information
We may use non-personal information for any and all purposes, and we keep it for as long as we have a business need to do so.
4. HOW INFORMATION IS SHARED
Personal Information
We may share your personal information with our third-party service providers and partners to help us:
- with the uses described in the How Your Information Is Used section above;
- comply with your directions or any additional consent you have provided us; and
- us send you information about products and services you may like. You may revoke your consent to receive marketing and promotional e-mails from us.
We may share your personal information with law enforcement and regulatory authorities or other third parties as required or permitted by law for the purpose of:
- responding to a subpoena, court order or other legal processes;
- defending, protecting or enforcing our rights;
- assisting in the event of an emergency; and
- complying with applicable law.
We may also share personal information with third parties in the event of a merger or acquisition, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. To the extent that local laws require it, we will provide you notice on our Website or via e-mail of our intent to transfer personal information to a third party for this purpose.
To see all the categories of personal information we share, click here.
Non-Personal Information
We share non-personal information with our third-party service providers as reasonably necessary to meet our business needs.
5. YOUR CHOICES
You may have – in accordance with applicable privacy and data protection laws – the following rights when it comes to our handling of your personal information:
- Right of access – you may have the right to request a copy of the personal information we have about you and to request supporting information explaining how the personal information is used;
- Right of rectification – you may have the right to request that we rectify inaccurate personal information about you;
- Right of erasure – you may have the right to request that we erase personal information about you;
- Right to restrict processing – if you are an EU resident, in some situations, you may have the right to request that we do not use the personal information you have provided (for example, if you believe it to be inaccurate);
- Right to data portability – you may have the right to receive your personal information in a structured, commonly used and machine-readable format and to transmit such information to another controller;
- Right to withdraw consent – if you are an EU resident, where we process your personal information based on consent (including direct marketing consents), you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal we may continue to use your personal information as permitted or required by law;
- Right to object – if you are an EU resident, where we are processing your personal information based on a legitimate interest (or those of a third party) you may challenge this. However, we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.
In addition, if specifically provided for under your local law, you will have a right to define post-mortem guidelines – meaning you may define guidelines regarding the storage, erasure and disclosure of your personal data after your death.
If you would like to exercise any of these rights or if you have any concerns, please contact us. If you are an EU resident, you are also free to lodge complaint with the supervisory authority, should you feel that we process your personal information in a way that is against applicable data protection law.
Email marketing
If you would like to opt-out of receiving marketing e-mails, click the “unsubscribe” at the bottom of an e-mail we sent you, or log into your account and update your profile, or contact a developer site customer service representative.
6. HOW YOUR INFORMATION IS PROTECTED
The security of your personal information is important to us. We take reasonable steps to make sure your information is protected from unauthorized use, access, disclosure, alteration, destruction or loss. Please be mindful that hackers and scammers may impersonate us or our Website. For more information about phishing, please visit https://www.consumer.ftc.gov/articles/0003-phishing. If you suspect an unauthorized use or security breach of your information, you must notify our customer service as soon as possible!
7. CHILDREN’S PRIVACY
Our Website is not for children under the age of 13. We do not knowingly collect personal information from children. If you think we have received personal information from children under the age of 13, please contact us immediately.
8. YOUR CALIFORNIA PRIVACY RIGHTS
We do not share your personal information with third parties for their own direct marketing purposes without your consent. To make any request pursuant to California privacy law, please contact us.
9. EUROPEAN RESIDENTS
This section only applies to you if you are a resident of a member state of the European Union or the European Economic Area,
If you have any questions or concerns regarding the use of your personal information, please contact us.
8.1 Basis for Using Personal Information
According to applicable EU data protection law, there are a number of legal grounds that permit TerViva to use your personal information for the purposes stated within this Privacy Notice. The legal grounds are:
- that you provided your consent to us using your personal information for that purpose (for example, where you have given us your consent to send you electronic marketing);
- that we need to use that personal information in order to fulfill our contract to provide products or services to you (for example, using your information to provide our API for your website);
- that the processing is necessary for the purposes of our legitimate interests, provided we have balanced these against your rights and interests; and
- where we need to comply with a legal obligations (for example, responding to government or law enforcement information requests).
Our legitimate interests for using your personal information are:
- to ensure effective administration and management of your relationship with us;
- to understand how our customers use our services;
- to carry out research and analysis on our services or products and how to improve our services and products;
- to understand how you use our Website and identify any issues in how the Website is used and how we can improve the usage experience;
- to tell you about the various products and services we can offer;
- to understand and respond to your feedback;
- to better tailor and personalize the promotions and benefits that we can offer;
- to prevent, detect, or investigate unauthorized use of our Website and systems and ensure we comply with law and our policies; and
- to manage any dispute and take legal or other professional advice.
8.2 Information Sharing
TerViva may use and share your information and vehicle data to affiliated and non-affiliated organizations as follows:
| Third party recipient | Purpose of disclosure | Legal Basis for Processing |
| IT service providers including IT platform providers and website analytics service providers in order to in order to perform our contract with you and to understand how you use our services and to improve our business |
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| Government, regulatory and law enforcement agencies in order to meet our legal obligations |
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9.3 International Transfers
The information we collect from you may be transferred to, and stored by, IT vendors who operate on our behalf. We also transfer information to a number of providers of business application – such as CRM and marketing applications – as well marketing service providers. These providers are primarily located in the United States.
The United States does not benefit from a decision issued by the EU Commission regarding protection afforded to personal information. Adequacy of data protection is instead ensured by standard data protection clauses we have in place with that third party. A copy may be requested if you contact us.
9.4 Data Controller and Contact Details
You can also contact us about any issues or questions you have regarding our processing of your personal information. They can be contacted at:
Email: justin.wilson@terviva.com
Postal Address: 436 14th St., Suite 1405, Oakland CA 94612
Telephone: 202 531-3051
10. THIRD PARTY COLLECTION
Our Website may include links to and from our affiliates and partners. If you follow a link to any of these websites, please note that these websites have their own privacy policies different from ours and you should review their privacy policies to understand the privacy practices of their services.
11. GEOGRAPHIC LOCATIONS
We generally store your personal information in the United States. As a part of our normal business operation, we may at times need to transfer some of your personal information outside of the United States. If we do so, we will take reasonable steps to ensure your information is treated and protected no less securely than it is in the United States. This Privacy Notice is intended to be governed by the laws of the State of California and meet the laws and requirements of the United States, which may not necessarily be consistent with the laws and regulations of the country where you live.
12. CONTACT US
If you have questions, comments, or suggestions, you can always contact us in the following ways. We may need to verify your identity before assisting with your request.
Julius Laurel
IT Manager
Julius.laurel@terviva.com
CHART: INFORMATION WE COLLECT AND SHARE
We collect the following categories of personal information from you:
| Category | Examples | Collected | Shared |
| Identifiers | Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. | YES | YES |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | Name, signature, address, telephone number (Some personal information included in this category may overlap with other categories.) | YES | YES |
| Protected classification characteristics under California or federal law | Age (40 years or older), physical or mental disability, sex (including gender, gender identity, gender expression), sexual orientation, veteran or military status. | NO | NO |
| Commercial information | Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | NO | NO |
| Biometric information | Genetic, physiological, behavioral, and biological characteristics | NO | NO |
| Internet or other similar network activity. | Information on a customer’s interaction with a website, application, or advertisement. | YES | YES |
| Geolocation data. | Physical location or movements. | NO | NO |
| Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | NO | NO |
| Professional or employment-related information | Current or past job history | NO | NO |
| Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | 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. | NO | NO |
| Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO | NO |