· the type of information about you that we collect through the Site;
· how we collect such information;
· how we use such information;
· who will have access to such information; and
· Our security measures for protecting such information.
As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address,); and the term “non-personal information” means any information other than personal information that we may collect from you, such as anonymized data.
1. A Special Note About Minors.
The Site is a general audience website intended for use by adults. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. We do not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age. If you believe we may have personal information regarding a child under 18 years of age, please contact us at email@example.com. For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:
a. the nature of your request;
b. the identity of the content or information to be removed;
c. that the request is related to the “Removal of Minor Information;”
d. your name, street address, city, state, zip code and email address; and
e. whether you prefer to receive a response to your request by mail or email.
We are not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.
Also, please note that we are not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires us to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when we anonymize the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of our voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that we are subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
2. Categories of Information Collected.
We may collect personal and non-personal information about you through the Site. Depending upon your use of the Site, the categories of such information might include:
· Your name (first, last and/or middle) and unique identifiers (e.g., username);
· Your login information for the Site (e.g., username, password, security questions and answers);
· Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
· Your electronic signature;
· Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
· Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
· Your vehicle information (e.g., vehicle identification number (VIN), make, model or year of the referenced vehicle);
· Information related to your inquiries about possible advertising opportunities with us and/or one or more of our parent, subsidiary or affiliated companies (e.g., brands, media, markets);
· Information related to your inquiries about possible employment with us and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
· Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
· Third-party website, network, platform, server and/or application information (e.g., Facebook, LinkedIn, Twitter, Instagram);
· Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site);
· Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of views, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
· Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);
· Information about third parties that you refer to us (e.g., name, email and/or other contact information, relationship);
· Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, Google Plus, Twitter, Instagram);
· Your name associated with your mobile device;
· Your telephone number associated with your mobile device;
· Your geolocation; and/or
· Your mobile device ID information.
3. How Information Is Collected.
Depending upon your use of the Site, we might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever we ask you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.
In addition, if you or a third party sends us a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then we may collect any personal or non-personal information provided therein or therewith.
Finally, we might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
· Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
· Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
· Retargeting pixels, which are cookie-based technologies that might follow you across the web.
· Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
· Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens). Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
· Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.
· Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
· Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.
By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving us permission to monitor or otherwise track your activities on the Site, and that we may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
4. Use of Information Collected.
We may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:
· Fulfill your requests;
· Process your payments;
· Place, fulfill, process and/or track your orders and purchases;
· Facilitate your movement through the Site;
· Facilitate your use of the Site and/or its respective products and services;
· Provide customer service;
· Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;
· Allow you to communicate with others through the Site like, for example, through online forums, chat rooms, and bulletin boards;
· Provide you with information about us, our parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
· Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;
· Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
· Improve the Site and/or its respective content, features and services;
· Improve our products, services, marketing and/or promotional efforts;
· Create new products, services, marketing and/or promotions;
· Market the businesses, products and/or services;
· Help personalize user experiences with the Site and/or its respective products and services;
· Analyze traffic to and through the Site;
· Analyze user behavior and activity on or through the Site;
· Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to us, our parent, subsidiary or affiliated companies, the Site, and/or their respective products and/or services;
· Monitor the activities of you and others on or through the Site;
· Create device fingerprints and profiles about the possible relationships among different browsers and devices;
· Create consumer profiles, which may combine your personal or non-personal information from the Site with your personal or non-personal information from another source or service;
· Protect or enforce our and/or our parent, subsidiary or affiliated companies’ respective rights and properties;
· Protect or enforce the rights and properties of others (which may include you); and/or
· In a manner that is consistent with consent that you have provided to us.
We reserve the right to use your personal and non-personal information when:
· Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
· We believe in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of us, a user of the Site which may include you or anyone else who may be harmed by such activities or to further our legitimate business interests).
5. Sharing of Information Collected.
We may share your personal information with the following:
Our employees, agents and administrators;
Our accountants, financial advisors and legal advisors;
Our subsidiaries, business units, and/or affiliates;
Service providers and other third parties who help us provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site, who help us develop, market or provide our products and services, or who help further our business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners), as needed in order for them to perform such services;
Law enforcement or other governmental entities in response to what we believe to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose us to liability if it does not act or comply;
Any third parties who we believe are necessary to help or allow us to protect and enforce our rights and properties, including, without limitation, to enforce our rights under our Terms and Conditions or any other agreements that we have with you, and to protect and enforce our intellectual property rights; and/or
Any third parties who we believe are necessary to help or allow us to protect the rights and properties of other (which may include you), assuming that we believe we have an obligation to do so.
We also reserve the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of us or our business (whether by sale of assets, merger, stock purchase or otherwise).
We do not limit the ways in which we might use or share non-personal information – and we reserve the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you. For example, we may freely share non-personal information with our subsidiaries, business units, and/or affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.
You may choose to share certain information and/or follow other users on the Site. You may choose to share your contact information with other users or provide it publicly.
6. Data Retention.
We may retain your personal information and non-personal information for as long as we believe to be reasonably necessary for a legitimate business purpose. We may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and us concerning the same or as required by law.
In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you consent to providing such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application. This online payment processing application provided by a third-party online payment processing vendor.
8. Third Parties and Their Applications and Networks.
The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications. Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.
In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. We might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).
Moreover, we might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies).
We implement security measures to help protect the personal information we collect through the Site. For example, we encrypt the transmission of information through the Site by using secure socket layer (SSL) technology.
To help maintain the security of your personal information, we ask that you please notify us immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).
10. Retention, Review, and Change of Information Collected.
You may request at any time that we provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to firstname.lastname@example.org with a subject line of “Your Personal Information.”
For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:
a. the nature of your request;
b. that the request is related to “Your Personal Information;”
c. your name, street address, city, state, zip code and email address; and
d. whether you prefer to receive a response to your request by mail or email.
We are not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
11. California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice.
12. Canada Privacy Rights
13. Users in the EU, EEA, UK, and Switzerland.
We are the data controller of the personal information collected and processed through your use of the Site.
You may contact us by mail, by email, or by telephone.
JB Poindexter & Co
600 Travis, Ste. 400
Houston, TX 77002
By email: email@example.com
By telephone: (713)-655-9800
Purposes of Processing and Legal Basis for Processing
As explained above, we process personal information in various ways depending upon your use of our Site. We process personal information on the following bases: (1) with your consent; and (2) as necessary for our legitimate interests in providing you with our products and services, enhancing our web services, conducting analytics, and delivering relevant advertising.
Your Rights Regarding Personal Information
a. Access and Confirmation. You have the right to ask us if we process personal information about you, and in some circumstances, to obtain a copy of your personal information.
b. Deletion and Blocking. Under certain circumstances, you may have the right to have your personal information deleted or blocked without undue delay.
c. Direct Marketing. You have the right to object to our processing of your personal information for direct marketing purposes.
d. Consent. To the extent we are processing personal information on the basis of your consent, you have the right to withdraw consent at any time.
e. Data Portability. Under certain circumstances, to the extent we are processing your personal information on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the personal information in a structured, commonly used and machine-readable format.
To exercise the rights set forth above in subsections a-e, please contact us at firstname.lastname@example.org.
f. Right to Lodge a Complaint. You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority in your country.
We are headquartered in the United States of America. Personal information may be accessed by us or transferred to us in the United States. The European Commission has not determined that the United States ensures an adequate level of protection for personal information.
By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.
14. CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and sets forth penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions
Process orders and to send information and updates pertaining to orders.
Send you additional information related to your product and/or service
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CAN-SPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at: email@example.com
You may also follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
15. Online Tracking
We do not respond to “do not track” (DNT) signals.
18. Contact Us.
19. Mergers, Acquisitions, and Other Business Transactions
We may decide to sell, buy, merge or otherwise reorganize our business. If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We seek appropriate protection for personal information in these types of transactions.
20. Modification Date.