PRIVACY POLICY

BrightGauge has adopted this Privacy Policy to make it easy for you to understand how BrightGauge collects, stores, uses and discloses information which identifies or may identify you or other individuals (“Personal Information”) and which you provide to BrightGauge. Please read our Terms of Service and this Privacy Policy carefully prior to using this Site, registering to use or using the Service, and/or submitting Personal Information through this Site or the Service. If you do not agree with all of the terms of our Terms of Service and our Privacy Policy, you are not authorized to use this Site, register to use or use the Service, and you must stop using this Site and the Service.

Important Information

For the purposes of applicable European Union (“EU”) data protection legislation, the data controller of your Personal Information is BrightGauge Software, Inc., 2121 Ponce De Leon Blvd, Suite 445, Coral Gables, FL 33134, United States.

Scope

This Privacy Policy covers Personal Information provided through this Site and/or the Service. This Privacy Policy does not apply to Personal Information submitted to third parties even if you link to such third parties through this Site. By providing Personal Information through this Site and/or the Service, you acknowledge and agree that the handling of that Personal Information is governed by this Privacy Policy. We will only process your Personal Information in accordance with applicable data protection and privacy laws and this Privacy Policy.

CUSTOMER DATA

We respect the confidential nature of the customer data you provide to us when using the Service (“Customer Data”). BrightGauge will not review, share, distribute, or reference any Customer Data, except as provided in this Privacy Policy, our Terms of Service, or as may be required by law. In accordance with our Privacy Policy and Terms of Service, we may access your Customer Data to provide you with the Service, as well as to prevent or address service or technical problems. We may also access your Customer Data to provide you with customer support.

For the purposes of applicable EU data protection legislation, you are the data controller of your Customer Data and BrightGauge is the data processor.

PERSONAL INFORMATION

You can visit this Site without telling us who you are and without revealing any of your Personal Information. However, there are times when we may need certain Personal Information from you, such as when you register to use a Service. When you provide Personal Information to us, we use your Personal Information to provide you with access to the requested Service, content and/or information. We may also use your Personal Information to help us understand who is visiting this Site and using our Service.

We may also use your Personal Information to:

Provide technical administration and customer support.

Respond to your inquiries.

Send important notices, such as communications about purchases and changes to our terms, conditions, and policies.

Process payment for purchases you make.

Deliver products and services you purchase or request.

Make it easier for you to log back into this Site and the Service.

Contact you about our specials and new services or specials and new services from our affiliated companies or other third parties, unless you ask us not to contact you about these offers. For details on how to opt out of receiving information about specials and new services, please contact Brightgauge at privacy@brightgauge.com.

Manage your use of the Service.

Verify your eligibility and deliver prizes in connection with contests and sweepstakes.

Enforce our Terms of Service.

Protect against or identify fraudulent transactions.

As described in the “Disclosure of Your Personal Information” section of this Privacy Policy.

AGGREGATED INFORMATION

We collect, analyze and use information (“Aggregated Information”) to help us provide you with a better user experience. For example, we keep track of the domains from which users visit this Site and we also measure visitor activity on this Site. You hereby acknowledge and agree that BrightGauge may make Aggregated Information publicly available, provided that such information does not incorporate any Customer Data and/or identify you.

By way of example, we use Aggregated Information to:

Analyze our audience size and usage patterns.

Develop, deliver, and improve our services.

Develop and display content and advertising tailored to your interests.

Manage our business.

Disclosure of Your Personal Information

BrightGauge is not in the business of sharing or selling your Customer Data or Personal Information. We consider this information to be a vital part of our relationship with you. However, in addition to specific requests by you, there are certain circumstances in which we may share your Customer Data and/or Personal Information with third parties without further notice to you, as set forth below:

Business Transfers. As we develop our business, we may buy, sell or reorganize businesses or assets. In the event of such sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.

Affiliated Companies. We may also share your Personal Information with our subsidiaries, affiliates and other related companies for purposes consistent with this Privacy Policy and providing you with the Service.

Agents, Consultants and Service Providers. BrightGauge, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Credit Card Processing. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on BrightGauge’s behalf.

Legal Requirements. BrightGauge may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) enforce, protect or defend the rights or property of BrightGauge; (iii) act in urgent circumstances to protect the personal safety of users of this Site or the public; or (iv) protect against legal liability.  BrightGauge may also disclose your Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Joint Offerings

From time to time, BrightGauge may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from us, BrightGauge may share information collected in connection with your purchase or expression of interest with our joint promotion partner(s). BrightGauge does not control our business partners’ use of the information we share with them, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, your sole remedy is to opt not to purchase or specifically express interest in a jointly-offered product or service.

SECURITY

The security of your Personal Information is important to us. When you enter Personal Information on our registration pages or order forms, we encrypt that information using secure socket layer technology (SSL). Your data are encrypted both at rest and in transit. Your Personal Information is then kept in a secure database and reasonable precautions are taken to secure this data and information. However, no Internet or e-mail transmission is ever fully secure or error-free, and you should take special care in deciding what information you send through this Site and/or the Service. Also, administrative agencies or courts of competent jurisdiction may order the disclosure of the information we collect. We cannot guarantee, and you should not expect, the information you provide to us will always remain private. Please keep this in mind when disclosing any Personal Information.

NEWSLETTER

If you wish to subscribe to our newsletter, we will use your name and e-mail address to send the newsletter to you. You may opt out of any future contact from BrightGauge at any time. You may do so by contacting BrightGauge via the ‘Unsubscribe’ link contained in the newsletter email, or by contacting e-mail address in the ‘Customer Support’ section below.

COOKIES

A cookie is a small text file that is stored on a computer for record-keeping purposes. We use cookies on this Site. We do not add the information we store in cookies to Personal Information you submit through this Site. We use both session ID cookies and persistent cookies.

BrightGauge uses the following types of cookies for the purposes set out below:

Type of Cookie

Purpose

Essential Cookies

These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies

These cookies allow our Site to remember choices you make when you use our Site. For example, BrightGauge uses persistent cookies to store a unique cryptographic hash value so you do not have to enter your username more than once on a given computer. The purpose of these cookies is to provide you with a more personal experience and to avoid you have to re-enter your preferences every time you visit our Site.

Analytic and Performance Cookies

These cookies are used to collect information about traffic to our Site and how users use our Site. As described in the ‘Aggregated Information’ section of this Privacy Policy, we use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.

 

Disabling cookies

You may disable cookies on your web browser, however, this may cause certain features on this Site and/or the Service to be disabled.

IP ADDRESSES

When you visit this Site, we collect your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, we use IP addresses to monitor the regions from which visitors and users navigate this Site. We also collect IP addresses from users when they log into the BrightGauge platform as part of our security features.  For the purposes of applicable EU data protection legislation, IP addresses may be considered Personal Information.

WEB BEACONS / USE ANALYTICS

BrightGauge employs, or our third party advertising partners employ, web beacons and usage analytics software that help us better manage content on this Site by informing us what content is effective. 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 on a 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. We do not tie the information gathered by web beacons to your Personal Information.  However, for the purposes of applicable EU data protection legislation, IP addresses may be considered Personal Information.

SITE INVITATIONS

If you choose to invite others within your organization or from your client base to this Site, we will ask you for the other user’s name and email address. We will automatically send him/her a one-time email inviting him/her to visit this Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Invited users may contact us at privacy@BrightGauge.com to request that we remove this information from our database.

BLOGS, FORUMS, CHAT ROOMS AND BULLETIN BOARDS

If you use a blog, forum, chat room or bulletin board on this Site (“Forum(s)“), you should be aware that any Personal Information you submit in a Forum can be read, collected, or used by other users of such Forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in a Forum. We urge you to be careful when deciding to disclose your Personal Information, or any other information, on our Forums. Such Personal Information and other information will not be private or confidential once it is published on our Site. You should also comply with our Acceptable Use Policy [INSERT LINK] when using our Forums.

CUSTOMER TESTIMONIALS

BrightGauge may post customer testimonials on this Site, which may contain Personal Information. However, we obtain the customer’s consent prior to posting their testimonial.

CAN-SPAM Act compliance

We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act“). All e-mails you receive from BrightGauge are intended to fully comply with the CAN-SPAM Act.

Policy Regarding Children

This Site is not intended for use by children and we do not knowingly solicit or collect information from children. We do not verify the age of any of our visitors or users. By using this Site and/or the Service, you are representing that you are at least 13.

SENSITIVE PERSONAL INFORMATION

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sex life/orientation, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site and/or Service or otherwise to us.

If you send or disclose any sensitive Personal Information to us when you submit content to our Site and/or Service, you consent to our processing and use of such sensitive Personal Information in accordance with this Policy. If you do not consent to our processing and use of such sensitive Personal Information, you must not submit such content to our Site and/or Service.

YOUR RIGHTS

In certain circumstances, you may have the following rights in respect of your Personal Information:

  • Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) any new processing of your Personal Information that we may carry out beyond the original purpose; or (iii) the transfer of your Personal Information outside the EEA. Please note that your use of some of the Site may be ineffective upon opt-out.
  • Access. You may access the information we hold about you at any time [via your profile/account] or by contacting us directly.
  • Amend and restrict processing. You can also contact us to update or correct any inaccuracies in your Personal Information or restrict its processing.
  • Move. Your Personal Information is portable – i.e. you to have the flexibility to move your Personal Information to other service providers as you wish.
  • Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us using the details in the ‘Customer Support’ section below. In your request, please make clear: (i) what Personal Information is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

SENDING, TRANSFERRING AND STORING DATA OUTSIDE THE UNITED STATES

If you are visiting or using this Site and/or the Service from outside the United States, please be aware that your Personal Information may be transferred to, stored, processed, used and/or disclosed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States may not be as comprehensive as those in your country.

To ensure that your data is treated securely and in accordance with this Policy, we comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data (as defined in applicable EU data protection legislation) transferred from the EU to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles and BrightGauge is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov.

As described in the Privacy Shield Principles, BrightGauge is accountable for personal data that it receives and subsequently transfers to third parties. If third parties that process personal data on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, BrightGauge commits to resolve complaints about our collection or use of your personal data.  EU individuals with inquiries or complaints regarding this Policy should first contact us at: privacy@brightgauge.com.

BrightGauge has further committed to refer unresolved Privacy Shield complaints to [INSERT BBB, TrustArc, AAA, Jams, or DMA etc.], an alternative dispute resolution provider located in the [INSERT either the United States or EU]. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit [INSERT DISPUTE RESOLUTION PROVIDER CONTACT INFORMATION] for more information or to file a complaint.  The services of [INSERT BBB, TrustArc, AAA, Jams, or DMA etc.] are provided at no cost to you.

As further explained in the Privacy Shield Principles, binding arbitration will also be made available to you in order to address your residual complaints not resolved by any other means.  BrightGauge is subject to the investigatory and enforcement powers of the FTC.

Changes to our Privacy Policy

We may amend this Privacy Policy at any time and in our sole discretion. You should review this Privacy Policy for amendments each time you visit or use this Site or purchase or use the Service. For your convenience, we post on this Site the last date this Privacy Policy was updated. If our Privacy Policy is amended, the amended Privacy Policy will take effect immediately for all users of this Site and the Service. Your continued use of this Site and/or the Service following an amendment will evidence your acceptance of the amended Privacy Policy.

Special Notification for California Residents – Your Privacy Rights

Individuals who are residents of California and have provided their Personal Information to us may request information regarding our disclosures, if any, of their Personal Information to third parties for direct marketing purposes. Such requests must be submitted to our Privacy Officer in writing at privacy@BrightGauge.com or:

BrightGauge Software, Inc.

2121 Ponce De Leon Blvd

Suite 445

Coral Gables, FL 33134

Email: info@brightgauge.com

Such requests must include the reference “Request for California Privacy Information” in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.

COMPLAINTS

We are committed to resolve any complaints about our collection or use of your Personal Information. If you would like to make a complaint regarding this Policy or our practices in relation to your Personal Information, please contact us using the contact details in the ‘Customer Support’ section below. We will reply to your complaint as soon as we can and, in any event, within 45 days. We hope to resolve any complaint brought to our attention. However, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Unresolved complaints regarding

GENERAL INFORMATION

Capitalized terms not defined in our Privacy Policy will have the meaning ascribed to such term in our Terms of Service. The Terms of Service are hereby incorporated into and made a part of this Privacy Policy.

CUSTOMER SUPPORT

If you have questions, comments or concerns about our Privacy Policy, please contact BrightGauge at:

BrightGauge Software, Inc.

2121 Ponce De Leon Blvd

Suite 445

Coral Gables, FL 33134

Email: info@brightgauge.com