Updated: December 13, 2019
If you are resident in the European Union or a country that has adopted a local law to implement or adopt the GDPR (“EU Residents”), this will include the European General Data Protection Regulation (“GDPR”) or the applicable local law implementing or adopting the GDPR. Please see the section “Additional Information for EU Residents” below for further information.
1. Information We Collect
You may visit the Site and review information about our services and products without revealing your identity or volunteering any personally identifiable information. Please be aware that we may automatically collect certain information about Users, including the Internet Protocol address of your computer, browser type, date and time of your visit, how long you visited certain pages on the Site, the page, service or product you are requesting, and other aggregate and/or de-identified data (“Aggregate Information”). If you choose to contact us, request information, or inquire about a service or a product, we may collect personally identifiable information (“PII”) from you, such as that indicated below, and this information may be combined to provide you with information you request and to ensure that we maintain complete, current and accurate personal information. In order to receive information from the Site, you may be required to provide us with certain information, including, for example, your email address. Failure to provide such data may make it impossible for us to provide you with information.
In addition, we may use first-party cookies and allow third parties to use our cookies for their own purposes. Most web browsers allow control of cookies through the browser settings, which will enable you to accept or reject a cookie. If you do not accept cookies, certain elements of the Site may not function correctly or completely. The Site may use the following cookies:
- Essential Cookies: Essential cookies are required for providing you features or services that you have requested. Disabling these cookies will make certain features and services unavailable.
- Functional Cookies: Functional cookies are used to record your choices and settings regarding the Site, maintain your preferences over time, and recognize you when you return to the Site. These cookies help us personalize our content for you.
- Performance/Analytical Cookies: Performance/analytical cookies allow us to understand how visitors use our Site, such as by collecting information about the number of visitors, what pages visitors view, and how long visitors are viewing pages.
- Targeting/Advertising Cookies: These cookies record your visit to the Site, the pages you have visited and the links you have followed. We may use this information to display advertisements to you when you visit certain other webpages. We may also share this information with third parties for this purpose.
3. Use of Information We Collect
We may use PII and Aggregated Information (collectively, “User Data”) for various purposes, including the following (collectively, “Our Purposes”):
- administering and enabling use of the Site, including, but not limited to, communications with Users at the email, physical addresses or phone number provided by such Users;
- ensuring all Users follow our Terms and other rules and policies, and investigating cases of suspected abuse or fraud;
- banning a User temporarily or permanently for failure to follow our Terms, rules or policies, or for other misconduct or inappropriate behavior;
- enabling Users to receive newsletters, updates, and other materials related to us;
- tracking and analyzing User behavior, monitoring, analyzing and performing the technical administration of the Site, and improving the functionality, design and quality of the Site; and
- any other purpose that we determine at our discretion is related to the use, advertising, marketing, promotion or other of our, or the Site’s legitimate purposes.
4. Do Not Track Disclosure
You can set your browser to a Do Not Track (“DNT”) setting, to notify websites you browse that you do not want them to collect and/or track your personal information. Please be advised that in some cases the Site does not respond to the DNT browser setting. If you do not want us to track your PII and other personal data, please do not share your PII with us. Please also be advised that third-party websites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.
5. Disclosure of Personal Information
We may share your User Data with our vendors, third-party service providers and agents in connection with Our Purposes. These third parties include web analytics service providers such as Google Analytics. We will provide these companies only with the information they need to deliver the services we have requested, and they are prohibited from using that information for any other purpose. We may also share PII when we believe it is necessary to maintain the security of the Site or our products and services, or to otherwise protect us, our business or our Users, for example to enforce our Terms, prevent spam or other unwanted communications and investigate or protect against fraud.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may, without providing notice to you, disclose any User Data to government or law enforcement officials or private parties (i) where we are required to do so by law, including, but not limited to, in response to a court order or subpoena, or (ii) in response to a request by a government or law enforcement agency or if we believe such disclosure may prevent or mitigate the threat of crime or harm to Users or others, facilitate an investigation related to a User’s safety or public safety, protect the security or integrity of the Site, or enable us to take precautions against liability.
We may also share User Data with third parties when you give us consent to do so. Processing of the data collected through the Site is conducted following organizational procedures related to Our Purposes. We may employ third parties to facilitate the operation of the Site and to perform services related to administration of the Site, including, but not limited to, maintenance, hosting and database management services, web analytics and administration and legal services. These third parties may have access to User Data to perform these tasks on our behalf. We may share Aggregate Information, and reports based on Aggregate Information, with third parties for industry analysis, demographic profiling, other commercial purposes, or to deliver targeted advertising about other products and services.
In connection with a sale of all or part of our operations, or sale or transfer of assets, or a merger, reorganization, or in the event of bankruptcy, we may transfer User Data to a third party as part of the transaction, to the extent permitted by applicable law.
6. Notice to California Residents – Your California Privacy Rights
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom we or any of our affiliates has shared the personal information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us by email at firstname.lastname@example.org or by mail to the address below, and we will respond to your request within 30 days:
BackBay Communications, Inc.
20 Park Plaza, Suite 801
Boston, Massachusetts 02116
7. Your Privacy Choices
If a User becomes aware that personal information we maintain about them is inaccurate, incomplete, misleading, irrelevant or out of date, or if an individual would like to access, update or review their information, the individual is solely responsible for updating such information, and may do so by contacting us using the contact information below. We will attempt to provide the requested information or make requested changes to the extent allowable by applicable privacy laws. You may request the removal of previously provided personal information at any time. The deletion of such data, however, may affect our ability to provide you with our services or products. We reserve the right to verify the identity of any person making an opt-out or correct/update request but shall have no liability whatsoever resulting from false or erroneous requests. You may update your personal information, communications preferences, or opt out from receiving promotional materials at any time by contacting us at email@example.com.
Please note that any information you share with us via email or the internet is not completely secure. We take reasonable steps to protect personal information provided via the Site from loss, misuse and unauthorized access or disclosure, however, no internet or email transmission is ever fully secure or error-free. Due to the nature of the internet, there is a possibility that unsecured email or internet transmissions may be intercepted and read by third parties. We assume no responsibility for interception of confidential or personal information that you send in any unsecured email message or other internet transmission to or from the Site. Therefore, you should take special care in deciding what information you send to us via the Site, email or other internet transmission.
You acknowledge and agree that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by us or by a third party to whom we have disclosed your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against us in the event of such inadvertent or negligent disclosure of PII.
9. Links to Third-Party Sites
10. Additional Information for EU Residents – Privacy Rights and Opt-Out
Under the GDPR or applicable local laws implementing or adopting the GDPR, EU Residents have certain rights with respect to PII, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include PII, if necessary to verify your identity and the nature of your request. If we are not the controller of the PII subject to your request, we will need to refer you to the controller party.
- Access: You may request more information about the PII we hold about you and request a copy of such PII.
- Rectification: If you believe that any PII we are holding about you is incorrect or incomplete, you may request that we correct or supplement such PII.
- Erasure: You may request that we erase some or all of your PII from our systems.
- Withdrawal of Consent: If we are processing your PII based on your consent (as indicated at the time of collection), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your PII, if such use or disclosure is necessary to enable you to use the Site.
- Portability: You may ask for a copy of your PII in a machine-readable format. You may also request that we transmit the data to another controller if technically feasible.
- Objection: You may contact us to object to the further use or disclosure of your PII for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You may ask us to restrict further processing of your PII.
- Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your PII with the supervisory authority of your country or EU Member State.
You may opt out of receiving marketing emails from us at any time by clicking the ‘unsubscribe’ link at the bottom of our marketing messages or by emailing us at email@example.com. Please note that it may take up to five business days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make a request.
11. Cross-Border Transfers
If you visit the Site from a country other than the United States, your communications may result in the transfer of your PII across national borders. Our servers or offices may be located in countries other than the country from which you access the Site, also resulting in the transfer of your PII across international borders. If you provide PII when visiting the Site from outside of the United States, you acknowledge and agree that this data may be transferred from your then-current location to our offices and servers and to those of our affiliates, agents, and service providers located in the United States and in other countries. The United States and such other countries may not have the same level of data protection as those that apply in the jurisdiction where you live.