A. INFORMATION WE COLLECT
- 1. Personally Identifiable Information: Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Website. In certain circumstances, we may request, allow, or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion, or some other aspect of our Website. For instance, you may:
(a) provide your name, mail/shipping
(b) provide your e-mail address when registering with our Website. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Website.
- 2. Non-Personal Information: Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We and/or our third-party service providers obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We and/or our third-party service providers also automatically collect certain non-personal information from you when you access our
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
- 2. Non-Personal Information: In addition to any personally identifiable information or other information that you choose to provide to us on the Websites, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain web site usage information whenever you visit or interact with the Websites. This information may include browser type, operating system, the page served, the time, the source of the request, the preceding page view, and other similar information. We may use this usage information for a variety of purposes, including to enhance or otherwise
improve the Website. In addition, we may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively referred to herein as a “Device Identifier”). A Device Identifier is a number that is automatically assigned to your Computer, and we may identify your device by its Device Identifier. When analyzed, usage information helps us determine how our Websites are used, such as what types of visitors arrive at the Websites, what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising. We may associate your Device Identifier or web site usage information with the personally identifiable information you provide, but we will treat the combined information as personally identifiable information. Web site usage information may be collected using various methods, such as the following:
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 pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Websites, to monitor how users navigate the Websites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Cookies – A cookie is a data file placed on a Computer when it is used to visit the Websites. Cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Websites. You may be able to remove, reject, and/or disable some types of cookies using your browser’s preferences or other programs. Some features of the Websites may not function properly or may operate slowly if you disable, delete, or refuse to accept cookies. Some of the cookies we use may be “Flash” cookies. A Flash cookie is a data file placed on a Computer via the Adobe Flash plug-in that may be built-in or downloaded by you to your Computer. While they are harmless, depending on your browser, these cookies may not be deleted when your cookies are deleted or disabled and, in some instances, they may cause your cookies to reappear in your browser. Please check your browser to determine where these types of cookies are stored and how they may be deleted or disabled.
Embedded Scripts – An embedded script is programming code that is designed to collect information about your interactions with the Websites, such as the links you click onwhile on such a Website. The code is temporarily downloaded onto your Computer from our web server or a third-party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter. Information collected through passive means may be non-identifying or may be associated with you. In the latter case it will be treated as personally identifiable information. We use non-personal information in a variety of ways, including to help analyze site
traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your nonpersonal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information.
- 3. Information You Provide About A Third-Party If you send someone else a ommunication from the Website or app, such as sending Website content to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Website or app, your e-mail address may be included in the communication sent to your friend.
- 4. Information Third Parties Provide About You We also may, from time to time, supplement the information we collect with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we
- Active Campaign https://www.activecampaign.com/legal/privacy-policy
- Stripe https://stripe.com/en-in/privacy
- Chargebee https://www.chargebee.com/privacy/
- MixPanel https://mixpanel.com/legal/privacy-overview/
- Amazon AWS https://aws.amazon.com/privacy/
- Intercom https://www.intercom.com/legal/privacy
- Calendly https://calendly.com/pages/privacy
- Bonjoro https://www.bonjoro.com/privacy-policy
- Threadless https://www.threadless.com/info/privacy/
- Prowly https://prowly.com/en/privacy-policy
- Mailchimp https://mailchimp.com/legal/privacy/
- Refersion https://www.refersion.com/privacy
- Vimeo https://vimeo.com/privacy
- Leadfeeder https://www.leadfeeder.com/privacy/
- Google Analytics https://policies.google.com/privacy?hl=en-US
- Baremetrics https://baremetrics.com/privacy
- VideoAsk https://www.videoask.com/legal
- Typeform https://admin.typeform.com/to/dwk6gt/
- Paypal https://www.paypal.com/us/webapps/mpp/ua/privacy-full
C. OTHER USES
- 1. E-mail Communications: If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your
questions or comments for future reference. For security reasons, we do not recommend that you send non-public personally identifiable information, such as passwords, social security numbers, or bank account information, to us by e-mail. Further, we may send you e-mail under the following circumstances:
(a) if you request a particular service or sign up for a feature that involves e-mail communications;
(b) if it relates to purchases you have made with us (e.g., product updates, customer support, etc.);
(c) if we are sending you information about our other products and services; (d) if you consented to being contacted by e-mail for a particular purpose;
(e) if you send us an e-mail, post information on the Websites (i.e., a blog), or otherwise submit information to us electronically, we may e-mail you to follow-up or otherwise communicate with you with respect thereto;
(f) to provide you legal notices or notices with respect to your use of the Websites; or
we reserve the right to send you transactional e-mails such as customer service communications.
- 2. Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
- 3. Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to notices and counter-notices pursuant to our DMCA notice and takedown policy and procedures and/or if we believe that such action is necessary to:
(a) fulfill a government request;
(b) conform with the requirements of the law or lega process;
(c) protect or defend our legal rights or property, our Websites, or other users; or
(d) in an emergency to protect the health and safety of our Websites’ users or the general
- 4. Your Privacy Rights: Residents of the European Economic Area and Switzerland
If you are a resident of the European Economic Area (“EEA”) or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data. If you are a resident of the EEA or Switzerland, we primarily rely on the following bases to process your personal data lawfully. First, it is necessary for us to process your personal data in certain ways in order to provide the Services offered on the Website or app to you, in accordance with a contract between you and us, including, our Terms of Service, available at https://www.buildmarker.com/terms-of-service/. Second, where you have given us valid consent to use your personal data in certain ways, we will rely on your consent. This includes situations where we will obtain your consent prior to sending you information about our products and Services. Third, in certain cases we may process your personal data where necessary to further BUILDMARKER’s legitimate interests, where those legitimate interests are not overridden by your rights or interests. This includes usage statistics, analytics and internal
our platform and to accomplish your goals. Fourth, in some cases we may process your personal data where necessary to satisfy our legal obligations. This includes records containing your personal data that we may be required to retain for a period of time or may be legally required to disclose to a government authority or third-party.
If you are a resident of the EEA or Switzerland, you have the right to request access to personal data we hold and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing activities. If you submitted personal data directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your personal data, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your personal data. By visiting your account settings, you can access, correct, change and delete certain of your personal data associated with your account. In certain cases where we process your personal data, you may also have a right to restrict or limit the ways in which we use your personal data. In certain ircumstances, you also have the right to object to the processing of your personal data, to request the deletion of your personal data and to obtain a copy of your personal data in machinereadable format. If you need assistance
The CCPA requires us to communicate information about rights California consumers have with respect to their personal information (as defined within the CCPA). These rights include the right to request: access to their personal information; deletion of their personal information; additional details about our information practices; the categories of personal information sold in the preceding 12 months and the categories of third parties
to whom the personal information was sold; the categories of personal information shared within in the preceding 12 months; to opt out of the “sale” of their personal information, and to not be discriminated against. For details about how to exercise these rights, please see “Your Choices” below to exercise your rights by sending us an email with your request to [email protected] California consumers may also designate an authorized agent to exercise these options on their behalf. If you would like to use an authorized agent registered with the California Secretary of State to exercise these rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not iscriminate against you if you choose to exercise your rights related to your personal information. Categories of Personal Information Collected We collect the following CCPA-defined categories of personal information: Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, your role at the company, your calendar links. Commercial Information we collect include the following: records of Services purchased, your company name, aliases, postal address, unique personal identifier, online identifier, Internet Protocol address, email address telephone number, business license, your
company logo, your backup link, construction milestone templates, and information on prior builds. Categories of Sources of Personal Information We collect personal information directly from you, automatically from your use of our Services, by using or combining personal information to derive additional personal information about you, and from others as described in “Collection of Information”. Categories of Third Parties with Whom We Share Personal Information BUILDMARKER We may share your personal information with third parties as described in the “Thirdparty Service Providers” section above. Categories of Personal Information Disclosed In the preceding 12 months, we have disclosed no CCPA-defined categories of personal information for business or commercial purposes, but reserve the right to do so. Sales of Personal Information In the preceding 12 months, to facilitate certain advertising activities commonly deployed by online and technology companies, we sold (as defined by the CCPA) to third parties
the following categories of personal information: device identifiers and internet and electronic network activity including, but not limited to, a unique number that identifies your device was linked to online activity and shared with third parties who aggregate that data for advertising purposes. We do not knowingly collect, and therefore do not sell, the personal information of minors
- 5. Third-Party Ad Server Networks: The Website may use third parties such as network advertisers to serve advertisements on the Website and may use traffic measurement services to analyze traffic on the Websites. Network advertisers are third parties that display advertisements based on your visits to the Websites and other websites you have visited. Third party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Website’s third-party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may themselves set and access their own cookies and other technologies on your Computer and track certain behavioral information regarding users of your Computer via a Device Identifier. These third-party cookies and other technologies are set to, among other things:
(a) help deliver advertisements to you that you might be interested in;
(b) prevent you from seeing the same advertisements too many times; and
(c) understand the usefulness to you of the advertisements that havebeen delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third-party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third-party cookies,
http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “optout” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect this and other web sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer, or change web browsers, your NAI opt-out may not, or may no
longer, be effective. Additional information is available on the NAI’s web site accessible by the above link.
- D. CHILDREN The features, programs, promotions, and other aspects of our Websites requiring personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at [email protected]. A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof. A description of the specific types of information collected from a child under the age of thirteen (13) will be provided to the parent or guardian of that child upon the parent or guardian’s request.
- E. KEEPING YOUR INFORMATION SECURE We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse, and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and
privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you
by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our
information security systems.
- G. THIRD-PARTY APPLICATIONS Third-party applications may be available via the Website. THE OWNERS OF THESE APPLICATIONS (“THIRD-PARTY OWNERS”) MAY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM YOU AND MAY HAVE THEIR OWN POLICIES AND PRACTICES. We are not responsible for how Third-party Owners or
- H. CONTACT & OPT-OUT INFORMATION The Website or App may include subscription and registration management tools that allow you to make changes regarding your preferences for receiving communications. Regardless of whether these tools are available through the Website or App, you may contact us as at [email protected] if:
(b) wish to make corrections to any personally identifiable information you have provided to us;
(c) want to opt-out from receiving future commercial correspondence, including e-mails, from us (we may continue to send you transactional messages such as responding to your inquiries); or
(d) wish to withdraw your consent to our future sharing of your personally identifiable information with third parties for their direct marketing purposes. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website. Also, please note that it is not always possible to completely change, remove, or delete all of your information from our databases and that residual data may remain on backup media for other reasons. Also, if you have made any public postings on the Website, such as in forums or blogs, these communications are generally not removed by us.
- I. CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES The Website is operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada, or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Website or providing us with any information, you consent to this transfer and processing of your information in the United States.