Privacy Policy
About
About This Notice
This Privacy Notice (“Notice”) describes how Evolv Technologies Holdings, Inc. d/b/a Evolv Technology, Inc., (“Evolv,” “we,” or “us”) treats information collected from and about users of our products and services, including:
- The “Products”[1]: Evolv Express®
- The “Website”: www.evolvtechnology.com and any successor websites or websites that point to this notice
- Other “Services”: Any other application or program interfaces offered by Evolv
This Notice also describes the choices available to you regarding our processing of your information.
“Personal Information” means any information that does, or can be used to, identify you, such as your name, title, email address, phone number, home address, or computer IP address.
This Notice contains the following sections:
- Information We Collect
- Information You Provide to Us
- Information We Automatically Collect
- Information Obtained by Third Parties
- Information Through Our Products
- Information Through Our Website
- Combined Information
- Aggregate/De-Identified Information
- How We Use Your Information
- Data Retention
- How We Share Your Information
- International Data Transfers
- How We Protect Your Data
- Children
- Your Choices
- Miscellaneous
[1] This Notice governs the information collected under which Evolv is the Controller, i.e., the limited set of data not covered by the product DPA.
Managing Your Information Preferences
We hope that we can resolve any questions or concerns you raise about our use of your Personal Information. You may opt out of receiving marketing emails from us by using the unsubscribe link in the relevant email. If you have further questions or concerns, please contact us by email at privacy@evolvtechnology.com. We will respond to your inquiries as soon as is practicable and within the time periods provided by applicable and relevant laws.
Information We Collect
Information You Provide to Us
When you use our Products, Website, or Services, you may choose to provide certain information directly to us. For example, we collect information directly from you when you interact with us through online forms or customer service, participate in surveys or research, or otherwise interact with us through the Website.
This information may include:
Contact Information:
We may collect your name, job title, employer, business email address, personal email, phone number, and other contact details. In general, we may collect this Personal Information when you fill out a contact form, download a white paper, request a product demonstration, participate in a marketing survey or campaign, apply for a job, or communicate with Evolv via the Website. We also may obtain Personal Information when you provide it to us for, or at, an external event, or when you provide it to an event organizer, and we have sponsored that event. This Privacy Policy will also govern any such Personal Information.
Feedback or Correspondence:
We may collect information you provide when you contact us with questions, feedback, or otherwise correspond with us online or through other channels.
Marketing Information:
We may collect information regarding your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
Customer and Transaction Information:
If you inquire about or purchase our Services, we may collect information about such inquiries, purchases, or other transactions and information about your customer service interactions with us.
You are responsible for the Personal Information you provide or make available to us in connection with your use of the Website, Products, Services, or our recruiting activities. All Personal Information you provide in connection with our recruiting activities must be truthful, accurate, and not misleading. You may not provide information that is obscene, defamatory, infringing, malicious, or that violates any law.
If you provide Personal Information of a third party (such as a reference or colleague) you are responsible for providing any notices and obtaining any consents necessary for us to collect and use such Personal Information as described in this Privacy Notice.
Note regarding sensitive information: the Products, Website, and Services are not intended for the transmission of sensitive information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) or any protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (otherwise known as “HIPAA”) Standards for Privacy of Individually Identifiable Health Information, as amended. You agree that you will not transmit such sensitive information to Evolv through the Website, Products, or Services unless otherwise provided in your written agreements with Evolv.
Information We Automatically Collect
There is certain information that we may collect automatically from your use of the Products, Website, or Services and from your device(s) used to access the Services. For example, when you visit our Website, we may automatically collect certain information about you or your device as described below under Website and Cookies.
Information Obtained from Third Parties
We may receive Personal Information about you from third-party sources such as marketing partners, social media and other cloud-based platforms, identity providers, publicly available sources, business partners, and data providers.
Information Through Our Products
Information is collected through the use of our Products by Customers and visitors of our Customer’s locations. For Product-specific details on information collection, retention, and security, please see Addendum 1: Evolv Products, below.
Information Through Our Website
Through your use of and interaction with our Website, we may collect and process the following Personal Information you provide to us including:
- First and last name
- Email address
- Mailing address
- Account name
- Mobile number
- Company name and job title
- Payment information and related transaction information
We may maintain a log of certain information concerning visitors to our Website, including (but not limited to) a visitor’s IP address (a computer’s numerical Internet address), the websites from which visitors access our Website, the type of web browsers used to access our Website, the device used to access our Website, and the pages viewed. We only use this type of information to understand how our Website is accessed, how it is used, and how we may improve our Website. This information is collected automatically when you use our Website.
Third-Party Websites. Our Website may provide links to other websites, applications, or resources over which Evolv does not have control, including social media features, buttons, or applications (“External Websites”). Such links do not constitute an endorsement by Evolv of those External Websites. You acknowledge that Evolv is providing these links to you only as a convenience, and further agree that Evolv is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on the applicable External Website, and not this Notice. We encourage you to be aware when leaving our Website or using External Websites’ features or functionality, and to read the privacy policies of External Websites that collect your Personal Information. You agree that your use of the External Websites is at your sole risk and that Evolv shall not have any responsibility for nor any liability to you for any content, functionality, information, products, services, software, or other materials of External Websites.
Social Media Information. Our Website includes social media features, such as, Facebook, Twitter/X and LinkedIn buttons. These features may collect information, including (but not limited to) your IP address, which page you are visiting, and may set a cookie to enable the feature to function properly.
Recruiting Information. If you apply to work for us or otherwise inquire about opportunities with us, we may collect certain information including your business and personal contact information, professional credentials and skills, educational and work history, photographs, and other information of the type that may be included in a resume. This may also include diversity, compensation, and other non-required information that you voluntarily provide.
Combined Information
For the purposes discussed in this Notice, we may combine the information that we collect through the Products, Website, and Services with information that we receive as discussed in this section and use such combined information in accordance with this Notice.
Aggregate/De-Identified Information
We may aggregate and/or de-identify information we collect so the information cannot reasonably identify you or your device, or we may collect information that is already in de-identified form. For example, we may share de-identified performance benchmark data, and other de-identified data useful to our user community, or for AI algorithm training. Our use and disclosure of such de-identified information is not subject to any restrictions under this Notice, and we may use and disclose it to others for any purpose.
How We Use Your Information
We may use your Personal Information to:
- Develop, provide, deliver, secure, and improve the Product, Website, or Services;
- To create an account for you, to communicate with you about your use of the Website, or to confirm your identity;
- Communicate with you about our latest marketing campaigns, news, events, products or services;
- Communicate with you in response to your inquiries, requests, comments or suggestions;
- Provide you with information about Services or Products that you request from us;
- In the context of providing seminars and training (whether in-person or online);
- Help prevent fraud and conduct or complete our audit activities;
- Conduct recruiting and hiring activities for opportunities with us;
- Comply with legal obligations, including legal processes regarding disclosures of information, and, where necessary, for the establishment, exercise or defense of legal claims;
- Send periodic promotional or informational emails to customers and other users of our Website, including newsletters; and
- Conduct other legitimate activities as required or permitted by applicable law.
Unless otherwise provided herein, we will retain your Personal Information for as long as it is needed for the purpose for which it was collected and as necessary to comply with any legal obligations, resolve disputes, enforce our agreements, or as otherwise reasonably necessary for our internal business purposes. The length of time for which we retain information depends on the purposes for which we collected and used it, requirements of applicable laws, the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the resolution of any pending or threatened disputes, and enforcement of our agreements. We will keep contact details if and until you ask us to destroy it. For other information, and subject to the above, we will securely destroy it in accordance with applicable law when it is no longer necessary to retain your Personal Information. We may retain anonymized or pseudonymized, aggregated data for longer periods, to the extent permitted under applicable law.
Evolv is headquartered in the United States and may process and store information on servers located in the United States. The data protection and other laws of the United States and other countries might be different than those in your country. Your use of our Website is governed by United States law. By accessing our Website or supplying us with information pursuant to this Notice, you may be transferring your Personal Information outside of your jurisdiction, for example, when your information is transferred to our systems and facilities, and to the systems and facilities of those third parties with whom we share information as described in this Notice, to the United States and other jurisdictions where such systems and facilities are located. In such an event, we will take reasonable steps to ensure such a transfer is handled in accordance with this Notice and any applicable privacy laws.
The security of your Personal Information is important to us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of Personal Information, we have implemented and maintain appropriate procedural, technological security measures that are reasonably designed to help safeguard the information we collect. We limit access to your Personal Information to those who have a genuine need to know it. However, no method of transmission over the Internet, or electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
The Website is intended for general audiences and not for children under the age of 13. Our website does not knowingly collect Personal Information from individuals under age 13. Anyone under 13 should not use the Website. If you have reason to believe that we may have accidentally received Personal Information from an individual under age 13 through our Website, please contact us immediately at privacy@evolvtechnology.com. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information.
Your Choices
Choosing Not to Share Your Personal Information
You may choose not to provide Personal Information. If you choose not to provide Personal Information (or ask us to delete it), we may not be able to provide you with our Website or certain functionality of the Website. We will tell you what information you must provide to receive the Website functionality by designating it as required at the time of collection or through other appropriate means.
Marketing Communications and Sharing
You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding our products and services, promotions, surveys and special events that might appeal to your interests by following the instructions located at the bottom of any commercial emails you may receive, or by emailing us at privacy@evolvtechnology.com. Please note that, regardless of your request, we may still use and share certain information as permitted by applicable law. For example, you may not opt out of certain operational or transactional emails, such as those reflecting our relationship or transactions with you, or important notifications regarding the Products and Services we are providing to you.
Cookies and Browser Web Storage
Please see the Cookies Policy for details on your cookie choices.
Miscellaneous
Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN RELATION TO THIS NOTICE ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Dispute Resolution
Except as otherwise required by applicable law, you agree that any dispute, controversy, or claim arising out of or relating to this Notice or the collection, use, storage or transfer of any of your information or data, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach of this Notice, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Boston, MA. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people. You hereby consent to receive service of process by electronic means or social media to the extent allowed by the applicable court. This constitutes express agreement of the parties regarding your consent pursuant to United States Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state (or other jurisdiction) equivalent.
Changes To This Privacy Notice
We may decide to change this Notice from time to time. If and when we do, we will post the changes on this page, with the date reflected as “Last Updated”. We encourage you to periodically review this page for the latest information on our privacy practices.
Addendum 1
Evolv Products
Evolv Express
Evolv Express (“Express”) is an advanced weapons detection system with on-premise and cloud components that is designed to deliver a best-in-class weapons detection solution. This innovative technology provides faster and more efficient weapons screening for our customers, as well as an enhanced experience for visitors.
Express offers a sophisticated advanced indoor and/or outdoor, free-flow, frictionless, and high-throughput solution. It is powered by proprietary hardware equipment and AI software, utilizing advanced sensors, data, and machine learning. Express can tell the difference between everyday items (such as keys and cell phones) and weapons. When a potential threat is detected, real-time image-aided alarms alert the operators to precisely where the threat is located, enabling our customers’ security teams to promptly address risks.
Types of Data Processed
In addition to the personal information listed above under Information We Collect, Express collects:
- Images of individuals who walk through Express’s physical equipment towers or are captured in the background of those walking through the physical equipment towers (“Image Data”);
- Location information based on location of Express’s physical equipment; and
- Mobile application and Evolv Portal usage information.
Purpose of Processing
Express uses Image Data to help our customers’ Express operators identify individuals who might be carrying a potential threat and where that threat is located. Evolv may also use Image Data to improve Express’ ability to identify weapons.
Each portion of the physical equipment a customer uses to deploy Express at their facility or site may be tagged by an identifier permitting the customer to understand where the equipment is located at the customer’s site (e.g., north gate, south door, entrance four, and so on).
Last Updated: October 2023
Addendum 2
Additional Consumer Rights
California
This Addendum 2 – California (“CA Addendum”) is for California Residents and supplements the information contained in the Evolv Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). This CA Addendum provides you with information in accordance with the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Privacy Rights Act of 2020 (CPRA) and any terms defined in the CPRA have the same meaning when used in this CA Addendum.
This Addendum does not apply to workforce-related personal information collected from California-based employees, contractors, or other personnel. For more information, please see our Employee Privacy Notice.
Information We Collect:
We collected the following categories of personal information from consumers within the last twelve (12) months through our Products, Website, or Services:
- Identifiers
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
- Internet or other similar network activity on the Evolv Website.
- Geolocation Data
- Professional or employment-related information
- Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), specifically transcripts, if provided by applicant or through background check.
Use of Personal Information
Consistent with the Evolv Privacy Notice, we may use, or disclose the Personal Information we collect for the purposes described in the HOW WE USE YOUR INFORMATION section of the Notice.
Your Rights
The CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CPRA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, 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 that personal information.
- The categories of third parties to whom we disclosed personal information.
- If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient received.
- The specific pieces of personal information we collected about you (also called a data portability request).
Evolv does not as a matter of course “sell” or “share” (as those terms are specifically defined in the CPRA) your personal information.
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is permitted under the CPRA or other applicable laws.
Right to Correct
You have the right to request that we correct any of your personal information that we collected from you that is inaccurate, subject to certain exceptions (the “right to correct”). Once we receive your request and confirm your identity, we will review your request to see if an exception exists allowing us to maintain the information in its original form. We may deny your correction request if retaining the information in its original form is permitted under the CPRA or other applicable laws.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your Rights
To exercise your rights described above, you can usually do so using your account settings and tools that we offer, but if you aren’t able to do that, or you don’t have an account, or you would like to contact us about one of the other rights, please submit a request by emailing us at privacy@evolvtechnology.com.
You do not need to create an account to exercise your rights. Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.
You may also make a request to know or delete on behalf of your child by emailing us at privacy@evolvtechnology.com.
You may only submit a request to know twice within a 12-month period. Any CPRA requests must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to create an account with us to submit a request to know or delete.
We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email us at: privacy@evolvtechnology.com.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Last Updated: October 2023
United Kingdom/European Union
This Addendum 2 – Europe (“Europe Addendum”) is for individuals located in the European Economic Area, Switzerland, and United Kingdom (“Europe”) or where our processing of an individual’s personal information is otherwise subject to the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament), the UK GDPR, and the Swiss FADP, as applicable (the “Relevant Laws”) and supplements the information contained in the Evolv Privacy Notice and applies to all visitors, users, and other individuals set forth above (“EU Individuals”). This Europe Addendum provides you with information in accordance with the Relevant Laws and any terms defined in the Relevant Laws have the same meaning when used in this Europe Addendum.
Personal information (i.e., personal data) collected on or about EU Individuals is collected on the following legal bases for processing:
- Necessary for Performance of a Contract: We may need to process your personal information to enter into a contract with you for employment purposes if you have applied for a job with Evolv.
- Consent: Where you have provided your consent for us to engage in marketing activities with you, we may need to process your personal information or where you have provided us with explicit consent to process your sensitive or special categories of information in connection with our recruiting activities.
- Legitimate Interest: We may need to process your personal information where we have a legitimate interest in doing so, such as (1) to communicate with you in response to your requests, questions, inquiries, and submissions; (2) to conduct advertising, marketing and promotional activities in connection with operating our business; (3) for research and development, operation, security and optimization of our Services and business; (4) to process a job application, conduct recruiting activities, develop and improve our recruiting process or Services, and communicate with you regarding your interest in current or future employment opportunities with us; and (5) for fraud prevention and know-your-customer obligations.
- Comply with Legal Obligations: Where we are required to comply with laws or legal obligations.
EU Individuals have certain rights related to the processing of their personal information we process, as set forth below:
- Access: You may request to receive a copy of your personal information in machine-readable form.
- Delete: You may request we delete some personal information, subject to certain exceptions.
- Correct or Rectify: You may correct or change some personal information that we store about you; in particular, to correct inaccurate information.
- Object to or Restrict Processing: You may object to our processing of some personal information about you or restrict or limit our use of some personal information about you.
- Transfer: You may request, in certain circumstances, the transfer of your personal information to another data controller.
- Consent Withdrawal: You may withdraw consents you previously granted to us, at any time.
- Automated Decision-Making: You have the right not to be subject to automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you, with certain exceptions. We do not generally engage in such automated decision-making in our Services, and if we do, we comply with applicable legal requirements in connection with such data processing.
Certain other details regarding the processing of personal information that individuals located in Europe may be entitled to receive are contained in other provisions of our Privacy Notice.
We have appointed a representative in the UK/EU. You can contact them by post at Mishcon de Reya Representative Services (Europe) Limited, 2nd Floor, 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland, or by email at representative@mishcon.com
To exercise your rights, please see the Exercising Your Rights section above in the CA Addendum. We will respond to your requests in accordance with the Relevant Laws.
You also have the right to lodge a complaint with us or the Information Commissioner’s Office, the supervisory authority for data protection issues in England and Wales. If you are based in the EU you can find your relevant supervisory authority here.
We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us at privacy@evolvtechnology.com or our Data Protection Officer at: dpo@mishcon.com.
Last Updated: July 1st, 2024