Privacy Policy

Personal Information:  When we use the term “personal information,” we mean any information that can be used to identify you, directly or indirectly, as an individual person.

We collect personal information in connection with your visits to and use of the service. This collection includes information that you provide in connection with the service, information from third parties, and information that is collected automatically, such as using cookies and other technologies. For further information on your choices regarding your information, see the “Control Over Your Information” section below.

Information you provide to us directly:
We collect and use the personal information you provide in the following ways:

Inquiries: If you communicate with us through any form, both online and offline, we may collect your name, email address, mailing address, phone number, or any other personal information you choose to provide to us. We use this information to investigate and respond to your inquiries, communicate with you, enhance the services we offer to our users, and manage and grow our organization.

Marketing Communications: If you register for our newsletters or updates, we will communicate with you by email. To unsubscribe from promotional messages, please follow the instructions within our messages and review the “Control Over Your Information” section below.

Other Data You Share: We also collect personal information at such other points on our Services so that we may provide the features or functionality of the service and for other purposes described in this Privacy Policy. We may also collect your personal information or data if you submit it to us in other contexts (e.g., if you provide us with a photograph or testimonial).

We use various technologies to automatically collect certain personal information about the device or browser you use to navigate our service, including:

Web Logs: Our web servers keep log files that record data every time a device accesses those servers. As such, when you access this website, we will automatically collect information such as your browser type and version, device and connection information, the Internet Protocol (IP) address used to connect your device to the Internet, and standard web log information.

Location Information: We may collect general geographic location based on your IP address or more precise geolocation with your permission when accessing our online services through a mobile device.

Cookies and Pixel Tags: We, and our third-party partners, automatically collect certain types of usage information when you visit our service, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, and a unique ID (that allows us to uniquely identify your browser, mobile device, or your account), and other such information. We also collect information about the way you use our service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, and how frequently you access the service, whether you open emails or click the links contained in emails and other actions you take on the service. Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your internet browser or access http://www.aboutcookies.org/how-to-control-cookies. Please note, however, that disabling our cookies may mean that you will not be able to take full advantage of the service.

Mobile Device Identifiers: When you access our service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), or Google AdID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data (with your permission), including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.

We use or may use the data collected through these technologies to (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content, and information, including targeted content and advertising (see “Third Party Tracking and Online Advertising” below); (c) recognize and contact you across multiple devices; (d) provide and monitor the effectiveness of our service; (e) monitor aggregate metrics such as a total number of visitors, traffic, usage, and demographic patterns on our service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our service.

If you would prefer not to accept cookies, most browsers will allow you to (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the service, as some features and services on our service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.

Information from third-party sources
We may receive personal information about you from third parties and combine this information with other information we have.

Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us, or shares our content on Google, Facebook, Twitter, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network and may include your profile information, profile picture, gender, username, the user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the service, as well as to communicate directly with you, such as to send you messages about products and services that may be of interest to you.

Partner Organizations: If you participate in a program with one of our partner organizations, the organization may provide us with certain information about you, such as your name or email address. We may use this information to market to you and for our own promotional purposes.

Information from Other Sources: We may obtain information from other sources, including through third-party information providers, business partners, or through transactions such as mergers and acquisitions. We may combine this information with other information we collect from or about you. In these cases, our Privacy Policy governs the handling of the combined personal information. We use this information to operate, maintain, and provide to you the features and functionality of the service, as well as to communicate directly with you, such as by sending you email messages about products and services that may be of interest to you. We may also collect information about you that is publicly available.

We use the information we collect for purposes described in this Privacy Policy or as otherwise disclosed to you on our service or in connection with our service. For example, we use your information to:

• Send you transactional information, including confirmations, invoices, technical notices, product and services information, updates, security alerts, support and administrative messages, and information about your transaction with us;
• Communicate with you such as to respond to your comments and questions, provide customer service or feedback, or respond to employment opportunities for which you’ve applied, or for any other purposes in connection with the service;
• Provide you with news about products and services offered by us;
• Operate, maintain, test, enhance, update, monitor, diagnose, fix and improve our service;
• Conduct research and analytics to understand our visitors and customers and tailor our product offerings;
• Provide you with advertisements based on your interests and order history;
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity, unauthorized access to or use of personal information, our data system services, and to meet governmental and institutional policy obligations;
• Enforce and carry out contracts and agreements with our customers;
• Investigate and resolve disputes and security issues and enforce our Terms of Service;
• Comply with legal obligations; and
• For any other lawful, legitimate business purpose.

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.

We may share your personal information with:

Affiliates: We may share personal information with other companies and brands owned or controlled by Brightmark and other companies owned by or under common ownership as Brightmark, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Privacy Policy;

Service Providers: We may share personal information with third-party service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, payment processors, providing tax and accounting services, web hosting, or providing analytic services;

Business Transfers: We may disclose personal information with other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and

Regulatory or Legal Requirements, Safety, and Terms Enforcement: We may disclose personal information to third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our service; and/or (c) to exercise or protect the rights, property, or personal safety of Brightmark, our visitors, or others. We may also disclose personal information to government regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations.

We may disclose personal information about you to certain other third parties with your consent, for example, if you grant us permission to use your name or image on our website.

We may also share information with others in de-identified, aggregated, or otherwise anonymized form that does not reasonably identify you directly as an individual.

Third-party tracking and online advertising

We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our service over time so that they may play or display ads on our service, on other websites, apps, or services you may use, and on other devices, you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.

To learn more about interest-based advertising and how you may be able to opt out of some of this advertising, you may wish to visit the Digital Advertising Alliance’s (DAA) resources and/or the Network Advertising Initiative (“NAI”) ‘s online resources, at http://www.aboutads.info/choices or http://www.networkadvertising.org/choices, and you can opt-out of receiving some interest-based advertisements on mobile apps by visiting http://www.aboutads.info/appchoices. You may also be able to limit interest-based advertising through the settings menu on your mobile device by turning off “personalized ads” (iOS) or selecting “opt-out of interest-based ads” (Android). You may also be able to opt out of some—but not all – interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again.

Google Analytics and Advertising:
We use Google Analytics to recognize you and link the devices you use when you visit our site or service on your browser, log in to your account on our service, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On, here: https://tools.google.com/dlpage/gaoptout/.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the service. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.

How to Control Your Email Communications Preferences:
You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

We will store the personal information we collect for our own purposes for no longer than necessary for the purposes set out and in accordance with our legal obligations and legitimate business interests.

We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change, or damage. All personal information we collect will be stored on our secure servers. We will never send you unsolicited emails or contact you by phone requesting your credit or debit card information or national identification numbers.

Brightmark does not knowingly collect or solicit any information from anyone under the age of 13 on this service. If we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at privacy@brightmark.com

The service may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.

If you have any questions about this Privacy Policy or the Service, please contact us at privacy@brightmark.com.

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, so you should review this page periodically. When we change the policy in a material manner, we will let you know and update the last updated date at the top of this page. If you object to any changes, you may close your account. Continuing to use our service after we publish changes to this Privacy Policy means that you are consenting to the changes.

 If you are in the UK or European Economic Area:

Legal basis for processing your personal information

We will only collect and process your personal information if we have a valid legal basis to do so under applicable privacy laws.

Depending on the circumstances, we rely on different legal bases for processing your personal information. For example:

• When the processing of your personal information is for our legitimate business interests
  (i.e., when you sign up for our newsletter, we require your email address to provide you with the Brightmark newsletter)
• You have given us your specific consent to process your personal information
• For the performance of a contract which we have entered with you; or
• Where we have a legal obligation to do so

Your rights
In accordance with applicable privacy law, you may have the following rights in respect of your personal information that we hold:

Right of access: The right to obtain:

• Confirmation of whether and where we are processing your personal information;
• Information about the categories of personal information we are processing, the purposes for which we process your personal information, and information as to how we determine applicable retention periods;
• Information about the categories of recipients with whom we may share your personal information; and
• A copy of the personal information we hold about you

Right of portability: The right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use or to request the transfer of your personal data to another person.

Right to rectification: The right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.

Right to erasure: The right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.

Right to restriction: The right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

Right to withdraw your consent: If we rely on your consent for processing your personal information.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this privacy policy.

You may also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK, information about how to contact your local data protection authority is available here.

Transferring your personal information

International Transfers of your personal information: The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are in the UK or European Economic Area (“EEA“), your personal information may be processed outside of the UK or EEA, including in the United States. These international transfers of your personal information will be made pursuant to appropriate safeguards, including:

• Ensuring that the personal data is transferred to countries recognized by the European Commission or the UK Secretary of State (as applicable) as offering an equivalent level of protection; or
• Implementing appropriate contractual safeguards, including Standard Contractual Clauses approved by the European Commission and the UK Information Commissioner’s Office

We will take appropriate steps to ensure that your personal information is treated securely and in accordance with applicable law and this privacy policy regardless of where it is processed.

If you wish to enquire further about the safeguards we use, please contact us using the details in the “How to Contact Us” section.