into the applicable Terms of Service.
1. Brandboom’s Collection of User Information
(a) Collection of Personal Information
As part of the Brandboom Service, we will ask you to provide us with certain categories of personal information, including your name, e-mail address, mobile telephone number, billing address, personal vehicle information, and credit card and online business account information and credentials (“Personal Information”). We may collect this information through various forms and in various places through the Brandboom Service, including account registration forms, contact us forms, or when you otherwise interact with us. For example, when you sign up to use the Brandboom Service, you create an account profile. The current data fields include:
- Phone Number
- Mailing Address
- Credit Card Number, expiration date & security code and or information regarding your PayPal, Google Wallet or other digital payment accounts.
- Seller Product information, inventory numbers, prices, and customer information (including name, address, e-mail address and facsimile number).
Certain Personal Information you share with us may be viewable by and shared with other users in connection with your use of the Site and Services. Certain features and aspect of the Brandboom Service may require different types and forms of Personal Information. You can opt out of providing Personal Information by not entering it or not using the Brandboom Service, although not providing certain requested Personal Information may hinder your ability to use the Brandboom Service or features or aspect of the Brandboom Service.
Brandboom may offer you the option of integrating your Brandboom account information with information associated another account you have established either on your own computer systems or with certain third party applications, programs, sites and service providers (e.g. Quickbooks, Shopify, etc.) (hereafter, the “Outside Account”). By associating your Outside Account with your Brandboom account, you are granting Brandboom the right to access, utilize and store (if applicable) information (including Personal Information) tied to your Outside Account in connection with the Brandboom Service. Depending on the Outside Accounts you choose, and subject to the privacy settings that you have set in such Outside Accounts (where applicable) and on your account with Brandboom, the information you make accessible via your Outside Accounts (including Personal Information) will be available to Brandboom on and
through your Brandboom account.
User Accounts established for access to Seller Accounts fall under two categories: (a) “Free Users”, which allows limited access to certain aspects of seller-related Services free of charge; and (b) “Paid Users” which allows full access to all seller-related Services. A Free User may be converted to a Paid User at any time with the purchase of a Paid User subscription. A Paid User cannot be converted to a Free User. User Accounts may be added to a Seller Account at any time after you create your Seller Account.
(b) Collection & Use of Non-Personal Information
In addition to Personal Information, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Brandboom Service (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to the Brandboom Service, all of the areas within Brandboom Service- that you visit, and the time of day, among other information. We may use Usage Information for various reasons, including to enhance or otherwise improve the Brandboom Services. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Brandboom Service, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
Methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):Cookies. A cookie is a data file placed on a Device when it is used to access the Brandboom Service. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on the Brandboom Service by informing us what content is effective, count users of the Brandboom Service, monitor how users navigate the Brandboom Service, count how many e-mails that we send were actually opened or to count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to our customers’ personal information.
Embedded Scripts – An embedded script is programming code that is designed to collect information about your interactions with the Brandboom Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Brandboom Service, and is deactivated or deleted thereafter.
Do Not Track Signals from Devices – Our website is presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices by rejecting such user’s ability to navigate the site. Such features must be disabled prior to entering the Site.
(c) User Information from Third Parties
(d) Information Collected from Job Applicants
If you wish to apply for a job with Brandboom, we will collect Personal Information such as your name, email address, phone number and may collect additional information such as resume. We use the information collected within this area of the web site(s) to determine your qualifications for the position in which you have applied and to contact you to set up an interview.
2. Use of User Information
Our primary goal in collecting your Personal information or Usage Information is to provide you with the Brandboom Service.
We may send you e-mails to provide the Brandboom Service to you, including to verify your username and password, to respond to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message based upon your expressed preference where applicable.
We use the information collected from users for troubleshooting and in some cases, marketing purposes. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.
3. Sharing & Disclosure of User Information
(a) You Request To Receive Information From Third Parties.
(b) Third Party Service Providers
We use third party companies and individuals to facilitate the Brandboom Service, provide or perform certain aspects of the Brandboom Service on our behalf – such as Providers and other third-parties to host the Brandboom Service, design and/or operate the Brandboom Service’s features, track the Brandboom Service’s analytics, process payments, engage in anti-fraud and security measures, provide customer support, provide geo-location information to our drivers, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Brandboom Service’s features), or perform other administrative services. We may provide these vendors with access to user information, including Personal Information, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose. This exception does not encompass our use of third party analytics service providers who evaluate and provide us with information about the use of the Brandboom Service and viewing of our content. However, such service providers may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
(c) Legal Protection and Compliance
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the Terms of Service for the Brandboom Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, the Brandboom Service or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; an /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you subject to applicable law.
(d) Business Transfer
4. User-Posted Content
5. Third Party Content & Links
The Brandboom Service may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online or mobile service are connected to your browser. In addition, when you are using the Brandboom Service, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave the Brandboom Service and to read the privacy statements of all third-party web sites or applications before submitting any Personal Information to third parties.
6. Maintenance of User Information
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire the Brandboom Service, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through [email protected] We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Brandboom Service is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, trip history, credit card information and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide the Brandboom Service effectively, but our use of the anonymized data will be solely for analytic purposes.
7. No Collection of Children’s Personal Information
8. Data Security
We use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain to process transactions you request. Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile. Password-protected areas of the Brandboom Service can be accessed only with a valid user name and password. Each password owner is responsible for keeping the password confidential and safe, as Brandboom has no control or responsibility for this type of User information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify Brandboom immediately for further action. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
10. Users Outside of the United State
If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.