Last updated: May 1, 2023
Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to individuals in those locations, or as required by applicable laws.
- Personal Information We Collect from You
- How We Use Your Personal Information
- How We Disclose or Share Your Personal Information
- Links to Other Sites and Social Media Services
- Internet-based Advertising
- How We Protect Your Personal Information
- Data Retention
- Your Choices
- Cross-Border Data Transfers
- Children’s Privacy
- Changes to This Policy
- Contacting Us
- California Privacy Rights
- Other U.S. State Privacy Rights
- European Privacy Rights
- Visit the Website; or
- Interact with the Technology.
We may provide different or additional privacy notices in connection with certain activities, programs, and offerings (for example, if you submit a job application through the Website). Additionally, we may provide additional “just-in-time” notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.
PERSONAL INFORMATION WE COLLECT FROM YOU
We use the term “personal information” – also called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.
The following are the categories and types of personal information that we may collect from or about you, depending on how you interact with the Service:
- Identifiers, such as your name and email address;
- name, email address and mail address when you make a purchase of a client’s products using the Technology;
- Device and online identifiers and related information, including internet protocol (IP) address, cookies, user agents and similar unique identifiers;
- Internet or other electronic network activity information, including, but not limited to information regarding your interaction with the Technology;
- General/non-precise geolocation or other information that permits us to determine your general location;
- Any other personal information that you voluntarily provide us.
Your payment card details when you make a purchase of a client’s products using the Technology are collected by our payment processor. We do not receive such information directly. The payment processor is instructed to use the information solely to complete that purchase.
HOW WE COLLECT YOUR PERSONAL INFORMATION
Personal Information You Provide
We collect personal information that you provide to us directly. This may include, but is not limited to:
- Information you provide when you contact us, such as via email or through other Internet-enabled communications;
- Information you provide when you enter a contest or other promotion sponsored by us;
- Details relating to transactions that you carry out through our Services; or
- Any other information that you provide us on or through the Services.
Personal Information We Collect Automatically
When you visit or use our Services, we or third parties we work with may automatically collect certain information using technologies such as cookies and other tracking technologies described below.
- Cookies and Similar Technology
- IP Address
One of the key ways we identify users is through the collection and use of your IP address. An IP address is a unique string of numbers that identifies your device. We use the IP address for purposes of operating our Technology, targeting advertisements to you on other platforms and honoring opt-out requests. Keep in mind that IP addresses can change, such as when your internet service provider resets the address. So certain rights that you exercise through the use of your IP address may need to be executed again if your IP address changes.
- Social Media Platforms and Networks
If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms in connection with our Services, we may collect information that you share with us on social media or that such platforms share with us. Please review the privacy policies and settings of the social media platforms and networks that you use for more information about their privacy practices.
- Service Data
We may obtain Service Data from our clients and their vendors, which we process on behalf of our clients in accordance with our contracts with them.
- From Other Sources
We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.
HOW WE USE YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
To communicate with you, which may include:
- Contacting you about and providing you and our clients with our Services;
- Responding to your direct inquiries, requests, issues or feedback, and providing customer service;
- Adding you to our mailing lists and sending you emails from time to time;
To provide our products and services, which may include:
- Operating the Services, and providing you with any specific services that you have requested;
- Delivering content and product and service offerings relevant to your interests;
- For marketing and promotional purposes, which may include:
- Marketing goods and services or goods and services of those of our affiliates, business partners, and other third parties through retargeting (a/k/a behavioral advertising) and other methods;
- Providing you advertising for products and services that may be of interest to you;
- Administering sweepstakes, contests, and other similar promotions;
For analytics and personalization, which may include:
- Identifying trends and making inferences about you and your interactions with us or our affiliates or our business partners;
- Conducting research and analytics to improve our services and product offerings or those of our affiliates and business partners;
- Understanding how you interact with our Services and communications with you to determine which of our products or services are the most popular, and to improve our Services and marketing campaigns;
- Personalizing your experience to save you time when you visit our Services, and to customize the marketing and advertising that we show you;
- Better understanding our customers’ needs;
- Providing personalized recommendations about our products and services;
For security and fraud prevention, which may include:
- Helping maintain the safety, security, and integrity of our Services and business;
- Internal research; technological development and demonstration; and improving, upgrading, or enhancing our Services;
- Detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity;
- Investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for our Services;
To comply with legal obligations, which may include:
- Compliance with legal or regulatory obligations, establishing or exercising our rights, and to defending against a legal claim;
- Responding to law enforcement requests and as required by applicable law, court order, legal process, or governmental regulation;
- Acting in connection with a bankruptcy proceeding or the sale, merger, or change of control of the Company or the division responsible for the services with which your information is associated;
- For any additional purposes that you specifically consent to.
With respect to Service Data, we use that information to provide the Services to our clients.
- Service Providers
We may share your personal information with third-party service providers who may use your information to provide us with services including, but not limited to: website hosting, ad serving, data analysis, infrastructure provision, information technology services, customer service, email delivery services, payment processing, auditing, and anti-fraud monitoring. These service providers may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
- Business and Advertising Partners
We may share your personal information with third parties who partner with us to promote products and services, provide marketing and advertisements, conduct data analytics, or use the data for other commercial purposes. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).
- Legal Compliance and to Defend Our Rights
We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- Business Transfers
We may share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of our Services.
- Non-Personal Information
We may share non-personal information with unaffiliated third parties, such as business and advertising partners, manufacturers, distributors, and retailers, to improve and enhance your experience using the Services, and for our own market research activities. We publicly commit to maintain and use the information in de-identified or aggregate form, and not to attempt to re-identify the information.
Please note that if you specifically consent to additional uses of your personal information, we may use your personal information in a manner consistent with that consent.
INTEREST BASED ADVERTISING
- Targeted Advertising / Behavioral Advertising
We may ourselves, or with third-party vendors, use your information to deliver targeted advertising to you when you visit our Services or other websites. Cookies, clickstream data, IP addresses and other similar technologies described below may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “targeted advertising,” “behavioral advertising,” or “cross-context behavioral advertising,” enables us and our vendors to know about your interests in connection with the delivery of a specific ad. We believe that such advertising is helpful because it allows you to see advertisements that are relevant to your interests. We request companies that deliver ads using our data or on our behalf to comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (“DAA”).
If you would like to opt out of these interest-based advertisements, please follow the opt-out process described in the section titled Your Choices below.
- Cross-Device Matching
We may use your information to help us, or our third-party vendors, determine if you have interacted with our Services across multiple devices and to match such devices. To accomplish this, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies, or we may use information we collect in conjunction with such third-party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated with each other, and may further provide services to our advertisers to better enable cross-device targeting and analysis. To opt-out of or restrict our use of certain cross-device data, please see the section titled Your Choices below.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We will retain your personal information for as long as needed to provide , or as beneficial for, our Services, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
- Opting Out of Messages or Services
We may send you marketing messages via email or otherwise. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email), or by sending an unsubscribe request to us at email@example.com. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our Services may no longer be available to you.
- Cookies and Tracking Technologies
If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Services or some of its functionality may be affected.
Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.
Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if you are a resident of certain states with laws requiring compliance with Global Privacy Controls and similar signals as a means of opting out of the sale or sharing of personal information, or of opting out of the processing of personal information for targeted advertising, as applicable, we will comply. Please see the sections titled California Privacy Rights and Other U.S. State Privacy Rights below for more information.
- Interest-Based Advertising
You may opt out of receiving targeted ads from certain data and advertising partners that participate in certain industry self-regulatory programs. The DAA provides a website at www.aboutads.info/consumers with information about how to opt out of targeted advertising from some or all of the DAA’s participating companies. Additionally, the Network Advertising Initiative (“NAI”) offers a website at http://optout.networkadvertising.org/ where you can opt out of interest-based advertising from some or all of the NAI’s members. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. In the event that we perform cross-device matching (as described above), once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes, and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.
For targeted advertisements delivered through mobile apps, users may opt out of certain ads or reset advertising identifiers via their device settings. To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, visit the following links:
- iOS – https://support.apple.com/en-us/HT202074
- Android – https://support.google.com/ads/answer/2662922?hl=en
You can also install the DAA’s AppChoices app on your device to opt out of targeted advertising by certain providers, and to select system-level advertising preferences on your device (such as “Limit Ad Tracking” on Apple devices, or “Opt-out of Interest-based ads” on Android devices).
We have provided additional information about how to configure your browser to opt-out of targeted advertising here.
Finally, to learn more from the NAI about how to opt out of targeted advertising on mobile devices, you can also visit the following link: https://thenai.org/opt-out/mobile-opt-out/.
CROSS-BORDER DATA TRANSFERS
If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Please note that personal information transferred to the United States is subject to access by law enforcement. Where applicable, we may use model clauses approved by the laws of your jurisdiction (such as Standard Contractual Clauses approved by the European Commission) for cross-border data transfers.
Our Services are intended for users ages 18 and over, and we do not knowingly collect personal information from children under the age of 16. When we become aware that personal information (or other information that is protected under applicable law) from a child under 16 has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under 16, please contact us by using the information the section below titled Contacting Us.
CHANGES TO THIS POLICY
If you have any questions about our privacy or security practices, you can contact at firstname.lastname@example.org, or via the following:
Midtown Commons, 7020 Easy Wind Dr, Suite 250, Austin, TX 78752(
CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020, provides you with specific rights regarding your personal information. This section describes the rights that California consumers have and explains how to exercise those rights. For the purposes of this section, personal information does not include: (i) information that is lawfully made available from federal, state or local government records; (ii) de-identified or aggregated data; or (iii) information excluded from the scope of the CCPA. To be clear, these rights are granted only to the extent that you are a California consumer and we are acting as a “business” under the CCPA with respect to your personal information. The rights in this section are not intended to grant you additional rights, but only your rights under the CCPA.
In order to provide our Services to our clients, we may process Service Data that we receive from or on behalf of our clients. If you are a California resident, you may have certain CCPA rights pertaining to such information. Under the CCPA, when we act as a “service provider” (not as a “business” or a “third party”) over such information, we only process your information through our Services as necessary to provide our services to our clients, at our clients’ direction. If you wish to exercise any of your rights under CCPA in regards to such information, please contact the relevant business that collected the information from you, who controls and determines how your information is processed.
Information We Collect; How We Collect It; How We Use It
In the past 12 months, we have collected the categories of personal information described in Table 1 below for the business or commercial purpose(s) indicated.
Table 1: Categories of Personal Information
|Identifiers||Name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, device, browser, email address, account name, or other similar identifiers||To provide you with our Services, to enhance our Services and to service our clients using our Technology and to retarget advertising to you.|
|Commercial information||Records of products or services purchased; purchasing or consuming histories or tendencies||To provide you with our Services, to enhance our Services and to service our clients using our Technology|
|Internet or other similar network activity information||Browsing history, search history, information regarding consumer’s interaction with a website, application, or advertisement||To provide you with our Services, to enhance our Services and to service our clients using our Technology|
|Geolocation data||General/non-precise location tracking information||To provide you with our Services, to enhance our Services and to service our clients using our Technology|
|Professional or employment-related information||Employer, employment history, resumes and CVs, background checks, and other employment-related information||To provide you with our Services, to enhance our Services and to service our clients using our Technology|
Table 2: How We Use and Disclose Your Personal Information
Table 2 below describes the sources for each category of personal information we collect, as well as the entities to whom we may: (i) disclose your personal information; (ii) sell your personal information; and (iii) share your personal information for cross-context behavioral advertising. Please note that entries listed in bold indicate that your personal information has been disclosed, sold, and/or shared within the past twelve (12) months.
|Category||Source||Disclose(d) to||Sell/Sold to||Share(d) with|
|Identifiers||Directly from consumers when interacting with our Services||Vendors, service providers and other third parties||Just IP address – with third parties helping with retargeting advertising to you||Just IP address – with third parties helping with retargeting advertising to you|
|Directly from consumers when interacting with our Services||Vendors and service providers||Not “sold”, as defined under the CCPA||Not “shared”, as defined under the CCPA|
|Internet or other similar network activity information||Directly from consumers when interacting with our Services||Vendors, service providers and other third parties||Just IP address – with third parties helping with retargeting advertising to you||Just IP address – with third parties helping with retargeting advertising to you|
|Geolocation data||Directly from consumers when interacting with our Services||Vendors, service providers and other third parties||With third parties helping with retargeting advertising to you||With third parties helping with retargeting advertising to you|
|Professional or employment-related information||Directly from consumers when interacting with our Services||Vendors and service providers||Not “sold”, as defined under the CCPA||Not “shared”, as defined under the CCPA|
Disclosure of Personal Information
Company may disclose your personal information to a third party for a business purpose, or sell or share your personal information, subject to your right to opt out (see Personal Information Sales Opt-Out and Opt-In Rights, below). The information above under Information We Collect; How We Collect It; How We Use It describes the entities with which we may disclose your personal information.
Rights to Your Information
- Right to Know
As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:
- The categories of personal information we collected about you.
- The categories of sources from which the personal information is collected.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (see Data Portability Rights below).
- 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. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we maybe retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.
- Right to Data Portability
You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. The CCPA allows you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.
- Right to Correct
You have the right to request the correction of any personal information we maintain about you.
- Right to Opt Out of Selling or Sharing Your Personal Information
You have the right to opt out of the sale or sharing of your personal information, along with the right to opt in to the sale of such information. We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is less than 16 (but greater than 13) years of age, or the parent or guardian of a consumer less than 13 years of age. To our knowledge, we do not sell or share the personal information of minors under 16 years of age.
To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page: “Do Not Sell or Share My Personal Information/Opt-out.” We will also treat Global Privacy Control browser signals as valid opt-out requests. Our opt-out process relies upon blocking your IP address, but IP addresses can change. So please keep mind the description above about how IP addresses work.
- Right to Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights, including but not limited to, by:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting 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 the rights described above, please contact us by using the following methods:
- Calling us at 1-844-472-2488
- Emailing us at email@example.com
- Visiting our consent and opt-out page at https://kervit.com/privacy-policy-v1/#wpcf7-f4364-p3-o1
After submitting certain requests, we may take steps to verify your identity in order for us to properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we may ask that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.
Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we may ask you to submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf, such as a signed document.
We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the CCPA allows us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.
OTHER U.S. STATE PRIVACY RIGHTS
Residents of Virginia, Colorado, Connecticut, Utah, Iowa and other U.S. States with comprehensive consumer privacy laws (“States”) have certain rights with respect to their personal information. These rights are established through the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”) and similar laws (collectively, the “State Laws”). The rights available to residents of these States are explained below, and vary based upon the State Laws applicable to us and to you. Such laws and being enact and modified on a regular basis, so these rights are evolving.
Rights to Your Information
- Right to know. You have the right to know whether we process your personal information and to access such personal information.
- Right to data portability. You have the right to obtain a copy of your personal information that you previously provided to us or that we have obtained in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means. Subject to certain exceptions, you may request such personal information free of charge once annually, except for Virginia residents, who may request such personal information up to twice annually.
- Right to delete. You may have the right to delete personal information that you have provided to us or that we have obtained about you; requests from Utah residents cover only personal information that you have provided directly to us. Please note that we may deny requests to delete if the requested deletion falls under an exception as set forth the applicable State Laws. Additionally, if you request deletion of your personal information and we have obtained such information from a third-party source, we may retain such data by keeping a record of the deletion request and the minimum data necessary to ensure that your personal information remains deleted from our records and that such retained data is not used for any other purpose, or we may opt you out of the processing of such personal information for any purpose except for those allowed under the applicable State Laws.
- Right to opt out. You may have the right to opt out of the processing of the personal information for purposes of: (i) targeted advertising; (ii) the sale of personal information; or (iii) profiling that produces legal or similarly significant effects concerning you.
- We do process personal information for the purposes of targeted advertising;
- We do not sell your personal information in exchange for monetary consideration; and
- We do not engage in profiling decisions based on your personal information that produce legal or similarly significant effects concerning you.
If you wish to opt out of the processing of your personal information for any of the above purposes, and your state of residence provides for such opt-out right, please click https://kervit.com/privacy-policy-v1/#wpcf7-f4364-p3-o1
- Right to correct. Residents of Virginia, Colorado and Connecticut have the right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes for which we process it.
- Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights. Unless permitted by applicable State Law, 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; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
How to Exercise Your Rights; Verifying Your Identity
To exercise any of your State Law privacy rights, or if you have any questions about your privacy rights, you may contact us by:
- Emailing us at firstname.lastname@example.org
- Calling us at 1-844-472-2488
- Visiting our consent and opt-out page at https://kervit.com/privacy-policy-v1/#wpcf7-f4364-p3-o1
After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that your request is not fraudulent. We may contact you for additional information as reasonably necessary to authenticate your request, but if we are ultimately unable to authenticate your request using reasonably commercial efforts, then we may not be able to comply with it.
Only you may make a verifiable request related to your personal information. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal information, we may ask you to submit reliable proof of your identity.
Response Time; Your Right to Appeal
We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the certain State Laws allow an extension of our time to respond. We will contact you within 45 days from when you contacted us to inform you of the need for additional time and the reason for such extension. We may charge you a reasonable fee to cover administrative costs if your requests are manifestly unfounded, excessive, or repetitive.
If we decline to take action on a request that you have submitted, we will inform you of our reasons for doing so, and, for Virginia, Colorado and Connecticut residents, provide instructions for how to appeal the decision. Residents of those will have the right to appeal within a reasonable period of time after you have received our decision. Within the time provided by your State Law of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, we will provide you with a method for contacting your state’s regulatory authority to submit a complaint.
EUROPEAN PRIVACY RIGHTS
IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
We will only use your personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where you have consented to a certain use of your personal data.
- Where we need to comply with a legal or regulatory obligation.
To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.
If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager here: email@example.com.
Provision of personal data and failure to provide personal data
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.
Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at firstname.lastname@example.org.
We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain vendors, we may use specific contracts approved by the European Commission or the UK Secretary of State which give personal data the same protection it has in Europe. For more information about how we transfer your data, please contact us at email@example.com.
Use of your personal data for marketing purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
- Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.
Data Subject Rights
If you are situated in the European Union, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
To exercise your rights under the GDPR, please contact us at firstname.lastname@example.org. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.