Privacy Policy

Last Updated Date: April 9, 2023

This Privacy Policy governs the manner in which Pendulum Associates, Inc. (“Pendulum”) collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.pendulumassociates.com website (“Site”) and the underlying Pendulum service. This privacy policy also describes the choices available to each User regarding our use of Personal Information and how a User can access and update this information.

Personal Information we collect stays with Pendulum and its trusted partners. Any company or Personal Information collected by Pendulum will only be used to improve your Pendulum experience. This Privacy Policy describes how Pendulum collects, uses, shares and secures the Personal Information each User provides.

  1. 1. What Information Does Pendulum Collect?

Personal Information or Personal Data refers to any information relating to an identified or identifiable natural person.  We collect Personal Information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We may collect all or some of the following information: name, email address, phone number, company name, title, department, country and/or industry.  We will collect Personal Information from Users only if they voluntarily submit such information to us. Users can always refuse to supply Personal Information, except that it may prevent them from engaging in certain Site related activities.

Cookies

Pendulum, our analytics or service providers, and our third-party partners use cookies or similar tracking technologies. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site 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.

We use cookies to remember Users’ settings (e.g. language preference) and testing. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Log Files

As is true of most web sites, we gather certain information automatically and store it in log files.  This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this for the purposes of analytics and to improve site functionality.

Social Media

Our Web site includes Social Media Features, such as showing a Twitter feed. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Third party websites

Users may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Blog

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at info@pendulumassociates.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Collection and Use of 3rd Party Personal Information

You may provide Personal Information about other people, such as their name, email address, phone number and job title. When you provide us with Personal Information about your contacts, we will only use this information for the specific reason for which it is provided. If you believe that one of your contacts has provided us with your Personal Information and you would like to request that it be removed from our database, please contact us at info@pendulumassociates.com.

Information Related to Data Collected thro Pendulum

Pendulum collects information under the direction of its clients and has no direct relationship with the individuals whose personal data it processes.

  1. 2. How Pendulum uses collected information

Pendulum may collect and use Users’ Personal Information for the following purposes:

  • To improve customer service
  • To respond your customer service requests and support needs more efficiently.
  • To personalize user experience
  • To understand how our Users as a group use the services and resources provided on our Site
  • To improve our Site and Services
  • to improve and create new products and services.
  • To run a promotion, contest, survey or other Site feature
  • To send Users information they agreed to receive about topics we think will be of interest to them
  • To send periodic emails
  • To share with trusted third parties with whom Pendulum has a business relationship to provide additional funding options

We may use the email address to respond to inquiries, questions, and/or other requests. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email also in addition to the providing the ability to unsubscribe within their profile settings.

  1. 3. How Pendulum shares the information we collect

We do not sell, trade, or rent Users personal identification information to others. We may share aggregated information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

We may also disclose your Personal Information as required by law such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, if Pendulum is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

Pendulum may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our clients.

Third parties with whom Pendulum shares Personal Information

Service Providers:  We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you.  If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including this Privacy Policy, and other policies and procedures designed to protect your information.

Pendulum Partners:  We work with third parties who provide consulting, sales and technical services to deliver and implement customer solutions around the Services.  We may share your information with these third parties in connection with their services.

Compliance with Enforcement Requests and Applicable laws:  In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements; (b) enforce our agreements, policies and terms of service; (c) protect the security or integrity of our products and services; (d) protect Pendulum, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of nay person.

If Pendulum is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.  

  1. 4. Updating/Correcting Personal Information

You have the right to access your Personal Information.  Upon request we will provide you with information about whether we hold any of your Personal Information.  If your Personal Information changes, or if you no longer desires our service or receive emails or other promotional communication, you may access, update, or delete it by making the change on our member information page or also through the contact details mentioned above. We will respond to your request to access within a reasonable timeframe.

We partner with a third party to display advertising on our website (or to manage our advertising on other sites). Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here [or if located in the European Union click here]. Please note you will continue to receive generic ads.

We collect information for our clients, if you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our service, please contact the client that you interact with directly.

  1. 5. Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at info@pendulumassociates.com. We will retain and use your information to the extent necessary and permissible under applicable law to comply with our legal obligations, resolve disputes, and enforce our agreements.

Access to Data Controlled by our Clients

Pendulum acknowledges that you have the right to access your Personal Information. Pendulum has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to Pendulum’s Client (the data controller). If the Client requests Pendulum to remove the data, we will respond to their request within a reasonable timeframe.

  1. 6. How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about the security of your Personal Information, you can contact us at info@pendulumassociates.com.

We have made a dedicated effort to bring our policy in line with the following privacy laws and initiatives (some pertinent links of which are provided):

  • General Data Protection Regulation (GDPR) 
  • Privacy Shield Principles
  • California Consumer Privacy Act
  1. 7. Miscellaneous

Governing Language

This Privacy Policy is entered into in the English language.  Any translation prepared for any reason shall be a non-binding accommodation of no legal effect, and the English version of this Privacy Policy shall govern.  All communications with respect to this Privacy Policy shall be in the English language.  Without limiting the generality of this provision, User acknowledges that: (i) it shall not assert any claim based upon any translation or any discrepancy or purported discrepancy between such translation and this English-language version of this Privacy Policy; and (ii) any such translation shall not be used to interpret this Privacy Policy. 

Changes to this privacy policy

Pendulum has the discretion to update this privacy policy at any time. If we make any change in how we use your Personal Information we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Pendulum Associates, Inc.
 2020 W 89 St, Suite 200
 Leawood, KS 66206
 888.980.9025

info@pendulumassociates.com