BrandInk | PRIVACY POLICY

BrandInk Communications LLC (“BrandInk”) has created this website (the "Website" or the "Site") to provide an online marketing management platform to clients for the use of intelligently managing and distributing any of their marketing assets (the “Platform”).

BrandInk is committed to maintaining your privacy. This privacy policy and agreement (“Privacy Policy”) covers how we collect, use, and treat personal information that you may provide through our Website and Platform(s) or while participating in the services we offer at the Website or Platform(s) (the “Services”). Our Privacy Policy applies to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site, who do not participate in the Services (“Site Visitors”), and (ii) users who have registered with BrandInk to use the Platform in connection with either (a) their relationship with BrandInk, or (b) their relationship with a licensee of BrandInk (collectively, “Registered Users”). The terms “BrandInk,” “we” and “us” refer to BrandInk Communications LLC.

1. Your Consent.
Please read this Privacy Policy carefully; once you consent to this Policy's terms, it creates legal obligations on you and on BrandInk. By accessing and using our Website as a Site Visitor or by using a Platform as a Registered User, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, please refrain from using our Site or Platform(s).

2. The Types Of Information You May Provide.
Information you may provide or that we may collect from you while visiting our Site or while participating in our Services falls into two broad categories: (i) personally identifiable information, and (ii) aggregate information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, photograph, telephone number or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Services, the features of the Platform or pages on our Site that you visit most frequently.

3. Personally Identifiable Information; Our Uses Of This Information.
As a Site Visitor, we allow you to decide whether you wish to provide us with Personally Identifiable Information. Accordingly, we have structured our Website so that you may visit our Site, and review selected information about our Services, without revealing your identity or providing any Personally Identifiable Information. We will only share Personally Identifiable Information you choose to provide to us via the Website with third parties as expressly disclosed in this section. We will not share it in any other way. We collect information from Site Visitors and Registered Users at different points on our Website and through our Services, and use this information as follows:

3.1. Site Visitors Only Provide Anonymous Information.
As indicated above, you may use our Site without registering or submitting any information to us. In that case, the only information we collect from your visit will be Anonymous Information that does not identify you in any way. Our obligations concerning, and permitted uses of, Anonymous Information are also set out below in Section 4.

3.2. Registration Information; User Names.
In order to participate in our Services as a Registered User, we require that you or an authorized representative of your company completes a registration form. Our registration forms will specify the information which you must provide in order to utilize our Platform, which may include such items as (i) name; (ii) mailing address; (iii) email address; (iv) phone number; and (v) company name. Our registration forms may additionally request information, which you may, at your option, choose to provide or withhold. The registration process provides Registered Users with a user name and password, which allows them to gain access to the Platform. This information is used by BrandInk solely for internal purposes in providing the Platform and related Services.

3.2.1. Protecting Your Password.
Please be careful to keep your password private. Please protect your password at all times.

3.3. Email Addresses.
Both Site Visitors and Registered Users may wish to provide us with comments and feedback concerning our Site generally or our Platform. By communicating with us for these purposes, you may provide us with your email address and other Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information.

3.4. Informational Notices and Bulletins.
Periodically, we may choose to send news, bulletins, marketing materials, or other information to Registered Users, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 8 (Changing or Removing Information; Opting Out).

4. Anonymous, Aggregate Information.
We use Anonymous Information to analyze the effectiveness of our Site, to improve our Platform and our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services and the characteristics of visitors at our Site. We may collect Anonymous Information through features of the software that supports our Platform and our Services, through cookies, and through other means described below.

4.1. IP Addresses; Logs.
BrandInk may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains personally identifiable information.

4.2. Cookies.
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

4.3. Tags.
We may use so-called "pixel tags" — small graphic images (also known as "web beacons" or "single-pixel GIFS") — to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customers can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Registered Users. None of this data includes Personally Identifiable Information, and you can "opt-out" of receiving these types of emails from us by following the directions provided in Section 8 (Changing or Removing Information; Opting Out). If any Personally Identifiable Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

4.4. Click-Throughs.
We may send email messages, which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Changing or Removing Information; Opting Out).

4.5. Computer Configuration.
In order to determine whether your computer is supported by our system, we may collect certain Anonymous Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Website may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

5. Any Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information.” To enable us to better understand the characteristics of our Registered Users and/or to provide services tailored to your needs, we may link (a) the Personally Identifiable Information you have provided; with (b) Anonymous Information. If we combine or link any Anonymous Information or other information with your Personally Identifiable Information, the resulting combination will be treated and protected as Personally Identifiable Information under this Privacy Policy. Accordingly, no unrelated third parties will have access to this information, and any of our service providers who are granted access to this information will be bound to protect it in accordance with this Policy.

6. We Do Not Disclose Site-Directed, Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions.
We will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:

6.1. BrandInk Site Vendors.
We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Website and/or Platform, providing services related to the Site and/or Platform, fulfilling and shipping orders from the platform, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, "Site Vendors"). We will provide Site Vendors with only that information necessary to perform their functions, and we will not allow them to use your Personally Identifiable Information for any other purpose.

6.2. Question of Harm.
We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that you are at risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others or violating legal rights.

6.3. Legal.
BrandInk will reveal your Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

6.4. Transfer of Site.
BrandInk shall be entitled to transfer to a third party information it collects, including any Personally Identifiable Information, in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

7. Retention of Personally Identifiable Information.
Our policy with regard to retention of Personally Identifiable Information is dependent upon whether you are a Site Visitor or a Registered User. If you are a Site Visitor, we will only retain Personally Identifiable Information that you have provided for as long as necessary to address the purpose for which you submitted the information. If you are a Registered User, we will retain your Personally Identifiable Information for as long as you continue to be a Registered User, unless you request that we delete the information in accordance with Section 8.3 (Deleting Information).

8. Changing or Removing Information; Opting Out.

8.1. Discretionary Account Information.
To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.

8.2. Opt-Out.
If we choose to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, we will provide you with the ability to decline -- or “opt-out of” – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to "opt–out" of formal notices concerning operation of this Website, and legal and other related notices concerning your relationship to the Site.

8.3. Deleting Information.
Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website, Platform(s) and any associated Services. You may not remove anonymous, or aggregate data from our databases.

9. Third Party Personally Identifiable Information.
To the extent that you provide BrandInk with the Personally Identifiable Information of third parties, you represent and warrant that you have permission from such third parties to provide us with their Personally Identifiable Information so that we may provide our Platform and our Services.

10. Security.
We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information you provide to us, and we take all reasonable steps to secure and safeguard this Information. Our Site's password-protected section requires users to give us unique identifiers such as their user name and password. BrandInk employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Additionally, we ensure that BrandInk’s Affiliates and Site Vendors’ security policies are at least as protective of your information as our policy. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.

Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to BrandInk. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our best efforts and utilization of current and up-to-date industry standard security measures, obtain unauthorized access.

11. Notice of Security Incident.
If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an "Intrusion"), we will (i) notify effected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each effected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.

12. Participation by Children and Teens; Advisory.
Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age.

13. Notification of Changes.
From time to time, BrandInk may change its Privacy Policy. If we make any changes regarding disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post notice of the new Policy from the privacy link on our Website. With respect to Site Visitors, your use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Registered Users, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with Section 1.2, above.

14. Our Affiliates.
We may choose to rely on and share information with divisions within our company or other companies closely related to us – our "Affiliates" -- for certain purposes under this Privacy Policy. By "Affiliate," we mean an entity that controls, is controlled by, or is under common control with BrandInk, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, "control" means the ability to replace the officers or directors or otherwise materially influence or control management decisions. You agree that BrandInk Affiliates will be entitled to enjoy our rights under this Policy and, in exchange, we agree that we will be responsible for our Affiliate's conduct under this Policy, if our Affiliate fails to comply with any resulting obligations. In any event, we ensure that our Affiliates agree to protect Personally Identifiable Information in a manner no less protective of your interests than the protections set out in this Policy.

15. Further Resources.
If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html

16. Contact Us
If you have any questions about this Privacy Policy, the practices of this Site or Platform, or your dealings with this Site or Platform, please contact us at: sales@brandinkcomm.com

17. Effective Date

The effective date of this Privacy Policy is June 1, 2017.

Privacy Notice - California-Specific Addendum

If you are a California resident, the following provisions apply to our processing of information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household [subject to the California Consumer Privacy Act] ("California Personal Information"). For such residents, the provisions of this California Addendum prevail over any conflicting provisions of the Privacy Policy.

Within the last 12 months1, BrandInk may have collected the following categories of California Personal Information from Registered Users of client Platform(s) who have registered or are active on the Platform(s) within the last 12 months.

(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

(B) Personal information described in subdivision (e) of Section 1798.80 (California Customer Records statute). This means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

(D) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.

(E) Geolocation data.

(F) Professional or employment-related information.

(G) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

1 Cal. Civ. Code § 1798.100(a)(5)(B).

Within the last 12 months, within the meaning of the California Consumer Privacy Act, BrandInk has not sold California Personal Information identified in the above categories A-G2. BrandInk will not sell California Personal Information.

Within the last 12 months, we have disclosed California Personal Information identified in the above categories (A)-(G) for our business purposes3 to Affiliates and Site Vendors for the explicit purpose of providing our Services.

We obtain California Personal Information from a variety of sources4. [These sources include: yourself, with respect to both online and offline interactions you may have with us or our service providers; other entities with whom you transact; others with whom you maintain relationships who may deal with us on your behalf; the devices you use to access our Site, Platform(s), mobile applications, and Services; and others consistent with this Privacy Notice.] Please see our Privacy Policy.

We use the California Personal Information we collect for the business purposes disclosed within this Privacy Notice. Please see Privacy Policy. Please note that the business purposes for which we may use your information include:5

Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;

Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;

Debugging to identify and repair errors in our systems;

Providing services on our behalf or on behalf of another, including maintaining or servicing platform(s), providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;

Conducting internal research to develop and demonstrate technology; and

Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide.

2 Cal. Civ. Code § 1798.130(a)(5)(C)(i).

3 "Business purpose"; is a defined term under the CCPA. Cal. Civ. Code § 1798.140(d). This notice takes the position that ";business purpose" includes any reasonable operational purpose, but we note that the definition is unclear. Possibly, ";business purpose"; may mean only the specific listed items within the definition (audits, detecting security incidents, etc.).

4 Cal. Civ. Code § 1798.110(c)(2).

We may also use the information we collect for our own or our service providers' other operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the California Personal Information was collected.

Your California Rights

If you are a California resident, you have certain rights related to your California Personal Information. [You may exercise these rights free of charge except as otherwise permitted under applicable law.]

Section 100 Rights. You have the right to request that we disclose to you the specific species of personal information we have collected.

Section 105 Rights. You have the right to request that we delete California Personal Information about you which we have collected from you.

Section 110 Rights. You may request that we disclose to you:

the categories of California Personal Information we have collected about you;

the categories of sources from which the California Personal Information is collected;

our business or commercial purpose for collecting California Personal Information;

the categories of third parties with whom we share California Personal Information; and

the specific pieces of information we have collected about you.

Section 115 Rights. To the extent that we sell5 your California Personal Information within the meaning of the California Consumer Privacy Act or disclose such information for a business purpose, you may request that we disclose to you:

the categories of California Personal Information that we have collected about you;

the categories of California Personal Information about you that we have sold5 within the meaning of the California Consumer Privacy Act and the categories of third parties to whom the California Personal Information was sold5, by category or categories of personal information for each third party to whom the California personal information was sold5; and

the categories of California Personal Information about you that we disclosed for a business purpose.

5 BrandInk Communications LLC and it’s Affiliates and Site Vendors will never sell California Personal Information.

Right to Opt Out. In addition, you have the right to opt out of potential sale of your information within the meaning of the California Consumer Privacy Act.

You may request to exercise these rights by:6

Sending a request to sales@brandinkcomm.com

Calling us at 805-452-4496

[As required or permitted under applicable law, please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may limit our response to your exercise of the above rights as permitted under applicable law.] Subject to applicable law, we may not discriminate against you because of your exercise of any of the above rights, or any other rights under the California Consumer Privacy Act, including by:

Denying you goods or services;

Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

Providing you a different level or quality of goods or services; or

Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.7

Do Not Sell My Personal Information

If you are a California resident, you have the right to opt out of potential sales of certain information relating to individuals and households subject to the California Consumer Privacy Act. To exercise this opt-out right, whether you are a Registered User or not, please submit a request via sales@brandinkcomm.com. If you do not have a Registered User account, include your name and email address or mailing address.

6 Pending legislation provides for alternative means of exercising rights. AB 1564. This draft reflects the law as currently in effect.

7 Cal. Civ. Code § 1798.130(a)(5).

Effective Date

The effective date of this Privacy Notice — California-Specific Addendum is January 1, 2020.