BRIMBY™, LLC PRIVACY POLICY

Brimby™ LLC’s  (“Brimby™”, “we”, “us” or “our”) Privacy Policy was posted on August 29, 2019.  The Brimby™ Privacy Policy (“Privacy Policy”) sets forth how we collect, use, share and protect Personal Information and (defined below) how you can limit our sharing of your Personal Information. 

  1. YOUR PRIVACY

Brimby’s™ web application (the “WebApp”) follows all legal requirements to protect your privacy.  This includes, without limitation, adherence to the General Data Protection Regulation (“GDPR”), which was enacted by the European Union (“EU”) to protect the fundamental right to privacy for every resident of the EU and became effective on May 25, 2018.  The GDPR clarifies how personal data laws apply in the EU and may also be effective beyond the borders of the EU.  Any company that works with EU resident’s data in any manner, regardless of location, is obligated to comply with the GDPR and Brimby™ takes any such obligations seriously. 

The statements in the Privacy Policy with respect to the WebApp and Brimby™ Offerings also apply to use of the WebApp on mobile devices (including, but not limited to smartphones or tablets) . Capitalized terms not defined herein shall have the meanings set forth in the Web Application Terms and Conditions (“Terms and Conditions”).

YOU MUST AFFIRMATIVELY CONSENT TO USE THE BRIMBY™ OFFERINGS AND WEBAPP.  BY PROVIDING SUCH CONSENT, YOU ALSO CONSENT TO THIS PRIVACY POLICY.  IF YOU DO NOT CONSENT TO THE TERMS OF THIS PRIVACY POLICY IN ITS ENTIRETY, YOU WILL NOT BE GRANTED ACCESS TO, OR OTHERWISE USE THE WEBAPP OR THE BRIMBY™ OFFERINGS.

  1. DEFINITIONS
    1. Personal Information: Personal Information means data about a living individual who can be identified from such data (or from other information either in our possession or likely to come into our possession);
    2. Usage Data: Usage Data is data collected automatically either generated by the use of the Brimby™ Offerings or from the Brimby™ Offerings infrastructure itself (for example, the number of times you visit the WebApp and/or Brimby™ Offerings, the specific Brimby™ Offerings accessed, as well as the frequency and duration of use of any Brimby™ Offerings and any other analyses and data associated with your access to the WebApp or Brimby™ Offerings);
    3. Cookies: Cookies are small pieces of data stored on a User's device;
    4. Data Controller: Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Information is, or is to be, processed. For the purpose of this Privacy Policy and the GDPR, Brimby™ is the Data Controller of your data;
    5. Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively;
    6. Data Subject: Data Subject is any living individual who is the subject of Personal Information;
    7. Member: The Member is the individual using the WebApp or the Brimby™ Offerings. The Member corresponds to the Data Subject, who is the subject of Personal Information.

  2. LINKS TO OTHER WEBSITES AND SERVICES

The WebApp contains links to other websites and services.  We are not responsible for the practices employed by websites or services linked to or from the WebApp or Brimby™ Offerings, including the information or content contained therein. Please remember that when you use a link to go from the WebApp or Brimby™ Offerings to another website, our Privacy Policy does not apply to third-party websites or services. In some instances, such third party websites or services may offer you products or services for purchase.  In such instances you may be required to provide payment information, such as credit card information to register or complete a sale at such website.  Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our WebApp, are subject to that third party’s own rules and policies and you acknowledge and agree that Brimby™ has no responsibility or liability relating to them.

  1. COLLECTION OF YOUR INFORMATION

Brimby™ collects Personal Information and Usage Data utilizing the following methods:

    1. When You Register
      When you register to become a Member of the WebApp, or when you access the WebApp and provide information in connection with your use of the Brimby™ Offerings, you will be required to provide certain information, such as your full name, maiden name (if applicable), email address, and password.  

    2. When you Access the WebApp and Brimby™ Offerings

When you access the WebApp and provide information related to your use of the Brimby™ Offerings, the Usage Data collected as a result of such access shall be subject to this Privacy Policy.  We may also collect Usage Data that is provided as a result of your participation in activities on the WebApp or the Brimby™ Offerings.

  1. USE OF YOUR INFORMATION

We may use your Personal information and share it with third parties:

    1. to assist us and such third parties in studying, evaluating and improving the WebApp and Brimby™ Offerings;
    2. to tailor the WebApp and Brimby™ Offerings to meet your needs;
    3. to enable us to promote the WebApp and Brimby™ Offerings to third parties (using Usage Data on an aggregate and anonymous basis is such instance).
  1. SHARING OF YOUR INFORMATION

Other than in connection with the limited use of Usage Data and Personal Information as specified above, Brimby™ shall never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. When you register as a Member, your Personal Information that you make available is used to personalize your experience with the WebApp, facilitate the delivery of the applicable Brimby™ Offerings to you and for verification purposes. You also agree that we may contact you at any time with updates and any other information that we may deem appropriate for you to receive in connection with your continued use of the WebApp and Brimby™ Offerings, and to keep you informed of any additional products and services we may offer at any time in the future. In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference.

We may permit our third-party agents, Service Providers, vendors and subcontractors (such as vendors and suppliers that provide us with technology, services, advertising and marketing assistance or content in connection with our operation and maintenance of the WebApp and Brimby™ Offerings) to access Usage Data, but they are only permitted to do so in connection with performing services for us or to operate the WebApp and Brimby™ Offerings. Third parties are not authorized to use your Personal Information for their own benefit.

Any third parties that receive access to your Personal Information shall be required to comply with this Privacy Policy or operate under a similar policy.

We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the WebApp and Brimby™ Offerings, and to determine your preferences so that we can tailor the WebApp and Brimby™ Offerings to your needs.

Information that we collect about you also may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content or programs.  This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity, pages you visit or other information. We may report aggregate information, which is not able to be identified back to an individual Member of the WebApp, to research partners.

We reserve the right to release current or past Personal Information:

    1. in the event that we believe that the WebApp and/or Brimby™ Offerings is/are being or has/have been used in violation of the Terms and Conditions or to commit unlawful acts;
    2. if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; or
    3. if Brimby™ is sold, merged or acquired; provided, however, that if Brimby™ is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the WebApp of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information.
  1. NON-PERSONAL INFORMATION COLLECTION AND USE

Log Files

As is the case with most standard website servers, we use and maintain the information that we obtain from and through your browser on our server logs. This information can include Internet protocol (IP) addresses, browser type, Internet service provider ("ISP"), the pages of our WebApp that your visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. We may use this information to analyze trends, improve the design and content of the WebApp, administer the Brimby™ Offerings, track user movement, and gather broad demographic information for aggregate use. We may associate this information with your information to resolve technical issues, support security for our Members and take action on any activity that may violate this Privacy Policy or the Terms and Conditions.

Cookies

A cookie is a small piece of data that is sent to your browser from an email or a website's computers and stored in a browser-related file on your computer or other device. Cookies are uniquely assigned to your computer or device and are read by a web server in the domain that issued the cookie to you. We link cookies to your unique registration number and use them to enhance and personalize your experience on the Brimby™ Services, including helping authenticate you when you use the Brimby™ Services, remembering your preferences and registration information, and customizing the content provided to you. For example, storing a cookie on your computer or device allows you to login without typing the registered email address or registration number and password.

To support our Brimby™ Services, we may use one or more of the following cookies for the purposes indicated below:

Type of Cookie

Purpose

 

 

Analytics and Performance Cookies

These Cookies are used to collect information about traffic to our Brimby™ Services and how often Members use our Brimby™ Services.  The information gathered does identify any individual visitor.  The information is aggregated and therefore anonymous.  It includes the number of visitors to our Brimby™ Services, the websites that referred them to our Brimby™ Services, the pages that they visited, what time of day they visited our Brimby™ Services, whether they have visited our Brimby™ Services before, and other similar information.  We use this information to help operate our Brimby™ Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Brimby™ Services.  We use Google Analytics for this purpose.  Google Analytics uses its own cookies.  It is only used to improve how our Brimby™ Services work.

 

Essential Cookies

These Cookies are essential to provide you with services available through our Brimby™ Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Brimby™ Services and help the content of the pages you request load quickly. Without these cookies, the Brimby™ Services that you have asked for cannot be provided, and we only use these Cookies to provide you with those Brimby™ Services.

 

Functionality Cookies

These Cookies allow our Brimby™ Services to remember choices you make when you use our Brimby™ Services, such as remembering your language preferences, remembering your login details, and remembering the changes you make to other parts of our Brimby™ Services which you can customize. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Brimby™ Services.

 

 

Pixel Tags

We may also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Brimby™ Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any Cookie previously placed by that server on your computer.

We may use pixel tags, either provided by us or by our third party advertisers, Service Providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Brimby™ Services and use them in combination with our Cookies to provide offers and information of interest to you.

Mobile Devices

Our WebApp will require that you be registered and signed in in order to use it. The information that we collect through your use of the WebApp and tools will be treated as Personal Information under this Privacy Policy.

Local Data

When you use the WebApp, or Brimby™ Offerings, including  the Brimby™ Services,  we may collect location information either provided by a mobile device interacting with our WebApp, or associated with your IP address, where we are permitted by law to process this information.

Aggregate Data

Brimby™ reserves the right to transfer aggregate or group data about Brimby™ Members (including Usage Data where such data is not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Brimby™ Members as a group, without disclosing personally identifiable information.

In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

  1. HOW WE STORE AND PROTECT YOUR INFORMATION
    1. Security:

      We care about the security of your Personal Information and use commercially reasonable safeguards to preserve the integrity and security of our Members’ Personal Information. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). When our registration process asks Users to submit sensitive Personal Information (if any), and when we transmit such sensitive information, that information is encrypted in our database and is protected with SSL encryption software.

    2. Storage:Access to your Personal Information is strictly limited, and we take commercially reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every commercially reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot represent or warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the WebApp is at your own risk.

    3. Compromise of Information

All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all Member Personal Information. Employees not adhering to our firm policies are subject to disciplinary action.<

Compromise of Information

In compliance with applicable federal and state laws or other laws applicable to persons using the Brimby™ Offerings in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

  1. INFORMATION FROM USERS OUTSIDE THE USA AND CONSENT TO TRANSFER INFORMATION

The Brimby™ Services are operated in the United States of America. If you are located in another jurisdiction, please be aware that information you provide to us may be transferred to, stored and processed in the USA. By using the Brimby™ Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the USA, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and we do comply with the provisions of the GDPR, when applicable.

  1. YOUR CHOICES ABOUT YOUR INFORMATION

At your written request, we will inform you of what Personal Information we have on file for you.  You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by modifying your preferences at http://www.brimby.com.

However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Brimby™ Services, to assist with investigations, or to enforce our Terms and Conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Brimby™ Services, and technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at hello@brimby.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Brimby™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Brimby™ Offerings-related and inquiry response-related messages from Brimby™, you must cease requesting and/or utilizing the Brimby™ Offerings and cease submitting inquiries to Brimby™, as applicable.

Opting out of collection of your information for Tracking:

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable Cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling Cookies and/or other tracking tools prevents us from tracking your browser’s activities in relation to the Brimby™ Services. However, doing so may disable many of the features available through the Brimby™ Services. If you have any questions about opting out of the collection of Cookies and other tracking/recording tools, you can contact us directly at hello@brimby.com.

How long we keep your private profile information:

Following termination of your Member account, we may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes.  For the avoidance of doubt, any information that you choose to make public on the Brimby™ Services may not be removable.

  1. SERVICE PROVIDERS

We may use one or more third parties to provide specific services on our behalf, including sending emails to our Members, conducting Member surveys, processing transactions, providing all or a portion of an underlying product or Brimby™ Services on our behalf, or performing statistical analysis of the Brimby™ Services or data relating thereto. In these cases, we may provide your Personal Information to these Service Providers. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.

  1. LEGAL MATTERS; PROTECTION OF RIGHTS, PROPERTY AND INTERESTS; SAFETY

We may, without your consent, access and disclose your Personal Information, any communications sent or received by you, and any other information that we may have about you or your account: as may be permitted or required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding, suspected fraud, violations of our Privacy Policy and/or Terms and Conditions or activity that appears to us to be illegal, that may expose us to legal liability, or in order to protect our interests. Additionally, we may disclose your Personal Information in situations that we believe to be emergencies involving potential threats to the physical safety or any person or property if we believe that your Personal Information in any way relates to that threat.

  1. COMMUNICATIONS FROM US

As a Member, you will receive our customary business communications (e.g., emails, push notifications or other communications facilitating, completing or confirming your registration, upgrade or other transaction, providing you notice of new or updated products or features, or other administrative messages). We may also send certain "welcome" messages that are informational and provide useful details about your account or usage instructions when you sign up for an account or begin using a particular service. In addition, upon registration you may be automatically enrolled in one or more of our regularly recurring email subscription programs. You may also choose to participate in other email subscription programs that we may make available to you. We also may send you communications regarding special offers or other promotional material for our Brimby™ Services. We may send all of these communications to the primary email address that you provide to us or any secondary email address that you may have provided to us if we have determined that your primary email address appears to no longer be valid or otherwise functioning properly.

While we reserve the right to send you our customary business communications, "welcome" messages and other transactional emails without offering you the opportunity to opt out of receiving them, we do provide you with the opportunity to select whether or not you wish to continue to receive our subscription-based or commercial emails. Each subscription-based email communication from us contains instructions on how you can remove yourself from the mailing list for that specific email subscription program, and each commercial email contains instructions on how you can opt out of receiving further commercial emails from us.

You can also update your email preferences by logging onto the account or similar section of the Brimby™ Services.

Please keep in mind that any changes that you make to your email preferences may take up to ten (10) business days to process and that each subscription-based email and all commercial emails have their own separate opt-out processes. If you have questions about changing your email preferences, please contact the Customer Support team of the Service.

  1. COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not market or provide any services to children under 13.  Minors (those under 13) are not eligible to use the Brimby™ Services, and we ask that minors not submit any Personal Information to us or use the Brimby™ Services. We will not knowingly collect information from minors or allow minors to become Members of our Brimby™ Services. If we later learn that a minor is a Member, then that minor's account will be terminated. We do not knowingly publish information concerning anyone under the age of 13. If you know of information appearing in the Brimby™ Services concerning anyone under the age of 13, please contact us.

  1. CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy from time to time as our information practices are modified or changed. If we make any material changes to this Privacy Policy, we will notify you by email (sent to the primary email address specified in your account), or by means of a notice on the WebApp. We encourage you to periodically review the WebApp for the latest information on our privacy practices.

  1. CONTACT US

If you have questions or complaints regarding this Privacy Policy or practices, please contact us using the information provided on our Contact page.

© 2019 Brimby, LLC. All Rights Reserved.