- Types of Personal Information Collected
We will ask You for certain kinds of Personal Information, such as Your name, email address, street address, telephone number, and other Information that identifies You as an individual (“Personal Information”), to provide the Products You request. All payment information we collect, credit card, debit card, or bank information for ongoing billing of the service, is encrypted.
- Use of Your Personal Information
We collect and process your Personal Information for the purposes and on the legal bases identified in the following:
- Sending You Messages: We may send you email and text messages to the email address and cellular telephone number provided by you, and you consent to receive those messages;
- Promoting the security of our WWebsite and Services: We process Your Personal Information by tracking the use of Our Website and services, creating aggregated, non-personal Information, verifying accounts and activity, investigating suspicious activity, and enforcing Our terms and policies, to the extent this is necessary for Our legitimate interest in promoting the safety and security of the services, systems, and applications and in protecting Our rights and the rights of others;
- Providing necessary functionality: We process your Personal Information to perform Our contract with You for the use of Our Website and services; where We have not entered into a contract with You, We base the processing of your Personal Information on Our legitimate interest to provide You with the necessary functionality required during Your use of Our Website and Services;
- Handling contact and user support requests: If You send Us a request for Our services, or if You contact Us by other means, including via a phone call, We process your Personal Information to perform Our contract with You, and to the extent, it is necessary for Our legitimate interest in fulfilling Your requests and communicating with You;
- Managing payments: If You have provided financial Information to Us, We process your Personal Information to verify that Information and to collect payments to the extent that doing so is necessary to complete a transaction and perform Our contract with You;
- Developing and improving Our Website and Services: We process Your Personal Information to analyze trends and to track Your usage of and interactions with Our Website and services to the extent it is necessary for Our legitimate interest in developing and improving Our Website and services and providing Our users with more relevant service offerings, or where We seek Your valid consent;
- Assessing and improving user experience: We process device and usage data, which in some cases may be associated with Your Personal Information, to analyze trends and to assess and improve the overall user experience to the extent it is necessary for Our legitimate interest in developing and improving the service offering, or where We seek Your valid consent;
- Assessing capacity requirements: We process Your Personal Information to assess the capacity requirements of Our services to the extent that it is in Our legitimate interest to ensure that We are meeting the necessary capacity requirements of Our service offering;
- Identifying customer opportunities: We process Your Personal Information to assess new potential customer opportunities to the extent that it is in Our legitimate interest to ensure that We are meeting the demands of Our customers and their user experiences;
- Displaying personalized advertisements and content: We process Your Personal Information to conduct marketing research, advertise to You, provide personalized Information about Us on and off Our Website, and to provide other personalized content based upon Your activities and interests to the extent it is necessary for Our legitimate interest in advertising Our websites or, where necessary, to the extent You have provided Your prior consent;
- Sending marketing communications: We will process Your Personal Information and/or device and usage data, which in some cases may be associated with Your Personal Information, to send you marketing information, product recommendations, and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about Us and Our affiliates and partners, including Information about Our products, promotions or services as necessary for our legitimate interest in conducting direct marketing or to the extent You have provided Your prior consent; and
- Complying with legal obligations: We process your Personal Information when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect Our rights or is necessary for Our legitimate interest in protecting against misuse or abuse of Our Website, protecting personal property or safety, pursuing remedies available to Us and limiting Our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
Where We need to collect and process Personal Information by law, or under a contract We have entered into with You, and You fail to provide the required Personal Information when requested, you acknowledge and agree that We may not be able to perform Our contract with You.
- Sharing Personal Information With Third Parties
3.1 We do not share, sell, or trade Your Personal Information with any third-parties, except with Your consent or as described herein.
3.2 We may disclose Your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit Our legal liability and protect Our rights, or to protect the rights, property or safety of Users of the Website or the public.
3.3 We may also disclose Your Personal Information to outside individuals and/or companies that help Us bring You the Services We offer and to create, operate, and maintain Our Website. For example, We may work with third parties to: (a) manage a database of customer information; (b) assist Us in distributing emails; (c) assist Us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide product fulfillment and shipping services; and (h) provide other services designed to assist Us in developing and running Our Website and maximizing Our business potential. We require that these outside companies agree to keep all Information shared with them confidential and use the Information to perform their obligations to Us. We authorize certain service providers to utilize for their business purposes and, in accordance with their privacy policies certain aggregated, Information derived from data collected when You use the products and services they support on Our behalf to customize their customer base. This aggregated Information does not identify You personally.
3.4 We may participate in third-party cooperative databases. Database participants provide customer names and mailing addresses and Information about their customers’ purchasing history to the database, which allows the database participants to segment and/or obtain access to potentially interested parties to whom they may target their promotions.
3.5 In addition, if We go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of Our assets, Your Personal Information will likely be among the assets transferred.
3.6 Our Website may allow Users to post testimonials and other content to Our Website. Any Personal Information that You post to Our Website will become public Information and accessible by other Website users. In addition, Your name or user name will be viewable by other users. We have no responsibility to maintain the privacy or security of any such Personal Information that You may choose to post to Our Website.
3.7 jbarainnovation.com may also collect your email address via cookies and pixels on the Website through the use of trusted third-party partners. These partners may also combine your email information with other Information they have access to, such as mailing addresses, so that we may serve relevant marketing offers to you via email and direct mail. If you do not want us to collect Information about you, please send an email to firstname.lastname@example.org to opt-out.
- Non-Personally Identifiable Information
4.1 Through Your use of the Website, We may also collect certain non-personally identifiable information from You (“NPII”). NPII is not associated with You as an individual. It is measured anonymously and only in the aggregate.
4.2 We may also use “pixel tags” (sometimes called “Web beacons” or “clear gifs”), which are tiny graphic images, on the Website. Pixel tags help Us analyze Users’ online behavior and measure the effectiveness of the Website and Our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help Us track, collect, and analyze this Information.
4.3 Cookies, pixel tags, and/or other analytical tools that We may use on the Website may collect Information about Your visit, including the pages You view, the features You use, the links You click, and other actions You take in connection with the Website. This Information may include Your computer’s Internet protocol (IP) address, Your browser type, Your operating system, date and time Information, and other technical Information about Your computer. We may also track certain Information about the identity of the Website You visited immediately before coming to the Website. We do not otherwise track any information about Your use of other Websites.
4.4 Cookies, pixel tags, and/or other analytical tools in Our emails may be used to track Your interactions with those messages, such as when You receive, open, or click a link in an email message from Us.
4.5 We may also work with businesses that use tracking technologies to deliver advertisements on Our behalf across the Internet. These companies may collect Information about Your visits to the Website and Your interaction with Our advertising and other communications, but no Personal Information is shared with them.
4.6 We may contract with third-party vendors to provide ads to our customers on our behalf via the Internet or to send direct mail to customers whom we think may be interested in our products or services. To do so, such vendor may collect anonymous Information about your visits to our Website using Cookies. Third-party vendors may then pool the anonymous Information they collect from our Website with other sources of data, including your name and mailing address, to determine whether you might be interested in receiving direct mail. To opt-out of receiving direct mail, you may send us an email at email@example.com.
- Your Security
5.1 We strive to keep Your Personal Information private and safe. We take commercially reasonable physical, electronic, and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers and employing electronic security systems and password protections that guard against unauthorized access. In addition, it is Our policy never to send Your credit card number via email. Please note that email is not encrypted and is not considered a secure means of transmitting credit card information, so please do not send Us Your credit card number by email.
5.2 Unfortunately, despite Our best efforts, data transmission over the Internet cannot be guaranteed to be 100% secure. While We will use every reasonable means to ensure the security of Information You transmit through the Website, We cannot guarantee that third parties will not intercept such Information. We will, however, cooperate with you if you decide to prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
- Links to Other Websites
6.1 While visiting the Website, You may link to Websites operated by third parties, or You may have come to the Website using a link found on another Website. Such other Websites are independent of Us, and We have no control over or responsibility for their Information, products, or activities.
6.2 In addition, if you are paying us through Our Website, We will use third-parties for payment processing of Your payment. Such payment processors are independent of us, and We have no control over or responsibility for their Information, products, or activities.
You may opt-out from Us by sending an email to us at firstname.lastname@example.org. Please allow Us (10) business days from when the request was received to complete the removal, as some of Our promotions may already have been in process before You submitted Your request.
- “Spoofing” And “Phishing.”
A common Internet scam is known as “spoofing” or “phishing.” This occurs when You receive an email from what appears to be a legitimate source requesting Personal Information from You. Please be aware that We will not send You any emails requesting You to verify any financial or other Personal Information. If You ever receive an email that appears to be from Us requesting such Information from You, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to Us at email@example.com as We will investigate instances of possible Internet fraud.
- Children and Privacy
The Website is not meant for children, and We will not knowingly collect any Personal Information from children under the age of 13 without verified parental consent. If You believe we have collected any Personal Information from a minor child, and You are the parent or guardian of that minor child, please contact US as shown in Section 7.0 and provide the Information to US that will allow us to investigate. We will remove from Our files any Personal Information of anyone We discover to be under thirteen (13) years old.
- Your California Privacy Rights
10.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask Us for a notice describing what categories of Personal Information We share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of Information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If You are a California resident and would like a copy of this notice, please submit a written request to the following address: firstname.lastname@example.org. Please allow thirty (30) calendar days for a response.
10.2 California Privacy Rights. We collect various types of Personal Information about You as described in this Policy. Under California law, including the California Consumer Privacy Act (“CCPA”), Our customers who are residents of California may request certain Information about Our disclosure of Personal Information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please contact Us as shown in Section 7.0.
10.2.1 You have specific rights under the CCPA, including:
- The Right To Be Forgotten. For Information on how we will delete your Information, please request to be “Forgotten” using the links in Section 7.0.
Specifically, We collect the following types of Personal Information:
- Name, address, personal identifier, IP address, email address, account name.
- Personal Information under California’s records destruction law (Cal. Civ. Code § 1798.80(e)), which additionally includes Your signature, physical characteristics, or description and may include a telephone number or financial account information.
- Characteristics of protected classifications under California or federal law.
- Internet or other electronic network activity, such as browsing history, search history, and Information regarding a consumer’s interaction with a website, application, or advertisement.
- Geolocation data.
10.2.2 If you choose to exercise your rights under the CCPA, We will not discriminate against You in any way. We will not:
- Deny goods or services to You;
- Charge You a different price for Our services, including through the use of discounts or other benefits;
- Impose penalties on You, including providing You with a different level of quality or service; and,
- Suggest to You that You will receive a different price or rate or different level of quality of services.
10.3 In addition, please note the following:
(a) Users can visit Our Website anonymously;
(e) Users can change their Personal Information by emailing Us;
(f) We take reasonable steps to honor “do-not-track” signals and do-not-track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place, but some features of our Website may not function correctly if you have elected to use your “do-not-track” mechanism; and
(g) We may allow the collection of Users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Website by third parties.
11. GDPR DATA PROTECTION RIGHTS.
We want to make sure You are fully aware of all of Your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of Your personal data. We may charge You a small fee for this service.
The right to rectification – You have the right to request that We correct any information You believe is inaccurate. You also have the right to request that We complete the Information you believe is incomplete.
The right to erasure – You have the right to request that We erase your personal data under certain conditions.
The right to restrict processing – You have the right to request that We restrict the processing of Your personal data under certain conditions.
The right to object to processing – You have the right to object to Our processing of Your personal data under certain conditions.
The right to data portability – You have the right to request that We transfer the data that We have collected to another organization or directly to You, under certain conditions.
If you make a request, We have one month to respond to You. If You would like to exercise any collected to another organization, or directly to You, under certain conditions.
If you make a request, We have one month to respond to you. If You would like to exercise any of these rights, please contact Us.
- Disclosure for Legal Purposes
You hereby authorize Us to disclose any of Your Personal Information pursuant to judicial and administrative proceedings and law enforcement or government agencies if We believe the disclosure is necessary or appropriate. You also authorize Us to disclose Personal Information if We believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put Us at risk for liability.
- Non-Confidential Information
We do not want You to send Us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas, or comments sent to Us will be considered non-confidential, and by submitting the same to Us, You are giving Us the absolute right to use, modify, reproduce, transmit, display, and distribute the Information for any purpose whatsoever, with no payment or other compensation to You. However, We will not use Your name unless We are required by law to identify the source of the materials, Information, suggestions, ideas, or comments, or unless We first obtain Your permission.
- HIPAA Compliance Statement
The Health Insurance Portability and Accountability Act (“HIPAA”) sets forth privacy and security standards for any entity that uses or discloses protected health information. For Information on HIPAA, visit the U.S. Department of Health and Human Services Website at www.hhs.gov.
HIPAA compliance is an organization-wide obligation requiring procedural standards and business practices that protect patient/client information privacy and security. As part of these obligations, the business must ensure it only utilizes software that has adequate safeguards to protect patient/client information. Our system incorporates such technological and procedural safeguards, as detailed below.
We employ the following technological safeguards to facilitate compliance with HIPAA: patient/client information is transferred using 168-bit SSL encryption; accounts require secure login with minimum password length enforcement; the production environment is protected by stand-alone firewalls with access limited to authorized personnel via encrypted channels; and, offsite backups are made daily and stored in an encrypted state. Further, We require all personnel with access to patient/client information to be trained in the privacy requirements of HIPAA. We do not share, sell, disclose or provide patient/client information to third parties unless required by law.
We also provide numerous settings and features, including user-specific login, multiple user access levels, and the ability to easily add and remove users to facilitate procedural standards that enable Us to maintain overall HIPAA compliance.
If You have any questions about Your privacy or security at the Website, please send an email to email@example.com and include Your first and last name, phone number, and email address in the message. If You do not receive a response from Us to any emails You send to Us within seven business days, please send Us another email as Your original email may not have been received.