BrightTag, Inc. Privacy Policy

Last Modified: December 20, 2010

I. Overview

BrightTag, Inc. (“BrightTag”) is committed to protecting the privacy and security of your personal information. We want to share with you how we treat personal information about you that we receive in connection with this website (“Website”). Our Website Privacy Policy is described in Part II. Our Privacy Policy also applies to any personal information that we process when owners of other websites use our BrightTag Tag Code in accordance with our service agreement with them. Our Tag Management Service Privacy Policy is described in Part III.

This Privacy Policy is subject to change from time to time. BrightTag will endeavor to post a notice of any changes to this Privacy Policy for a period of thirty (30) days following any such modifications. Therefore, you are advised to review this Privacy Policy occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to BrightTag’s notice of modification of this Privacy Policy shall constitute your acceptance of the modified Privacy Policy. If any term or provision of this Privacy Policy shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of this Privacy Policy, or the whole of this Privacy Policy, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and BrightTag shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Privacy Policy.

II. BrightTag’s Website Privacy Policy

A. Terms of Use for our Website

BrightTag’s Website is governed by the Terms of Use posted on the Website. Please review our Website Terms of Use in conjunction with our Website Privacy Policy. As noted in those Terms of Use, although we operate internationally, BrightTag is a corporation organized under the laws of the State of Delaware. The servers that host our Website are located in the United States, and any personal details you provide to us will be processed by BrightTag in the United States. By using our Website, you agree that the laws of the State of Illinois, without regard to its conflict of laws principles, will govern all matters between you and BrightTag with respect to your use of our Website.

B. Information We Collect

In general, you can visit our Website without telling us who you are or revealing any personal information about yourself. However, you should be aware that sections of this Website (including restricted portions of this Website) that allow for the submission of personal information (referred to for convenience as “Registration Pages”) contain a function for collecting various pieces of your personal information including your name, address, email address, phone number(s), company, industry, information about your interests in and use of various products, programs, and services, and any other information that you decide to provide us with. We only collect your personal information if you voluntarily submit the information to us for such purposes as registering for the use of certain services or restricted portions of this Website or completion of surveys, submitting applications for employment, product or service purchases, or requests for information, products, or services.

C. How We Use the Information We Collect

BrightTag may compile, save, use within the scope of our activities, and analyze any and all data about you (contact and personal data, use history, etc.) that we collect from you through our Website (www.brighttag.com). We use the personal information about you that you provide to us for our internal purposes such as responding to your requests for information or materials, contacting you, assessing your application for a position with BrightTag or an entity related to BrightTag, conducting internal analyses such as surveys and market research, processing and completing orders, processing your payment, administering your account, and administering and developing our business relationship with you or the company you represent. We may also use your personal information to communicate with you, such as, for example, to provide you with administrative communications regarding your account, newsletters, press releases, or information relating to products, offers, or programs that may be of interest to you.

D. Data Integrity

To protect your security and privacy, we require that you (as opposed to a third party on your behalf) enter the personal information that we collect and that the information be current. We will use your personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. BrightTag will take reasonable measures to ensure that any personal information that it processes as a data controller is relevant to the intended use, accurate, complete and up-to-date. However, BrightTag disclaims any legal duty to verify the accuracy of any personal data that you provide to BrightTag.

E. Your Choice: Opting In and Out

When you submit personal information to us through the Registration Pages on this Website, you may be asked if you wish to receive additional information from BrightTag, BrightTag related entities, and/or selected third parties at the time of submitting your personal information to us. You also may be asked if you wish to be added to our list of users who will receive promotional and marketing communications from us, our partners, and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications from us and/or our partners and other third parties by emailing us at contact@brighttag.com.

F. Use of Cookies and Web Beacons

A “cookie” is a small data file that is transferred to and stored on your computer’s hard disk or similar device when you retrieve content from a web server. Cookies may be stored on your device for different periods of time depending on how they are used. “Session cookies” store information that is only relevant for your current activity and are no longer accessible after you shut down your browser. “Persistent cookies” remain after you close your browser and may be accessed by your browser on subsequent visits. While using the Website, both session and persistent cookies may be transferred to your device. Certain web browsers and certain browser add-ons such as Adobe Flash may provide additional data storage mechanisms that are used in a manner similar to cookies, and some of the content included on this site may make use of this type of storage.

We may use cookies to identify your device when you revisit our Website, to recall your authentication information, or to store information related to your navigation throughout the Website. These uses help us better operate the Website and enhance your visit by remembering your preferences and displaying personalized content.

You may refuse to accept cookies, or remove cookies, by editing the privacy and security settings of your web browser. For specific instructions on how to change privacy and security settings, consult the “Help” menu within your web browser software. Additionally, you can disable or delete similar data used by browser add-ons, such as Adobe Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. You do not have to accept all cookies sent to you by this Website; however, depending on the particular cookie you reject, you may not be able to use some of the features of this Website.

We may also employ software technology known as “web beacons” or “tracking tags” which helps us keep track of what content on our Website is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we use do not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

G. Transfers of Information to Third Parties

Unless otherwise specified herein, BrightTag has a general policy of not disclosing your personal information to third parties unless you have consented to such sharing. However, we may share the personal information about you that you provide to us with trusted companies we have hired to provide services for us, such as sending out our newsletters, or collecting and processing information on our behalf. These companies – our vendors – are contractually bound by BrightTag to use personal information that we share with them only to perform the services we have hired them to provide and to process any such information in accordance with the data protection principles set forth in this Privacy Policy. BrightTag will take reasonable measures to prevent or stop its agents from using or disclosing such information in violation of the principles set forth in this Policy to the extent that BrightTag becomes aware of such actions. If you would prefer that these companies not collect your information, please emailcontact@brighttag.com.

We may also share your personal information in the event that the business of BrightTag is transferred to another entity by way of merger, sale of the company’s assets, or otherwise.

If you consent to sharing of your personal information, we may share your information with BrightTag related entities and selected third parties so that they may provide you with or contact you regarding information and materials that may be of interest to you. Please refer to the section above on opting in and out.

We may also collect and group demographic and preferences information, responses to surveys and other personal information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Website.

From time to time, we may collect general, non-personal, statistical information about the use of the Website, such as how many visitors visit a specific page on the Website, how long they stay on that page and which hyperlinks, if any, they “click” on. We collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail above in the section on cookies. We collect this information in order to determine which areas of the Website are most popular and to enhance the Website for visitors. As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way personally identify you or any other visitors to the Website.

H. Information Access and Correction

You are free to access the personal information we have on file by contacting our Customer Service department by email at contact@brighttag.com. In addition, at any time you can request that we modify or delete your personal information by sending an email to us at privacy@brighttag.com with the words “UPDATE MY INFORMATION” in the subject line. Please be aware that, to protect your security and privacy, BrightTag may take reasonable steps to verify your identity prior to making changes to your personal information.

I. Links to Other Sites

For your convenience, our Website may from time to time include links to third-party sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy policies, as we have no control over information that is submitted to, or collected by, these third parties. BrightTag makes no representation about any third-party websites that may be accessed via links from this Website.

J. Security of Information and Disclosures

BrightTag uses industry standard security measures to safeguard information concerning, and submitted by, users like you and takes reasonable precautions to protect personal information in its possession from loss, misuse, unauthorized access, disclosure, alteration and destruction. Despite the security measures employed by BrightTag, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.

BrightTag will, to the extent possible, secure your personal information, and, except as otherwise set forth in this Privacy Policy, we will not disclose your personal information to third parties. Although we are committed to maintaining the confidentiality of your personal information, if required by law, we reserve the right to disclose such information without first obtaining your consent.

K. Verification of Compliance with this Policy and Enforcement

BrightTag conducts periodic audits of its privacy practices in order to verify compliance with this Privacy Policy. Any employee or contractor that BrightTag finds to be in violation of this Policy will be subject to disciplinary procedures that could result in termination.

L. Dispute Resolution Procedures

Any questions, concerns or complaints relating to the use or disclosure of personal information by BrightTag in its capacity as a data controller should be directed to Mike Sands, CEO, at privacy@brighttag.com. BrightTag will investigate and seek to resolve any complaints or disputes in accordance with the principles set forth in this Policy.

Any complaint that cannot be resolved in this manner will be referred to confidential binding arbitration administered by the American Arbitration Association (“AAA”) in Chicago, Illinois, or another forum mutually agreed upon by the complainant and BrightTag, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of the complainant and BrightTag and confirmed in accordance with the Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction.

III. BrightTag’s Tag Management Service Privacy Policy

A. Our Tag Management Service

BrightTag uses its proprietary tag management technology to provide data processing services (“the Services”) that enable owners of other websites (the “Customers”) to manage and control the collection of data derived from their website(s) and its distribution to various third party marketing and technology partners. BrightTag acts as a data processor on behalf of its Customers and not as a data controller in relation to any personal data that is collected, stored, processed or distributed as part of BrightTag’s provision of the Services.

BrightTag’s tag management technology consists of proprietary JavaScript or other code, which may be placed on or within the Customers’ web pages, systems or platforms in accordance with the Customer’s instructions pursuant to a service agreement with BrightTag. If so instructed by the Customer, BrightTag may set, read, and modify cookies or other stored content objects on the browsers of visitors to the Customer’s website(s). As a result, data pertaining to such visitors (“User Data”), which may include personal data, may be collected by BrightTag on behalf of the Customer.

BrightTag does not have any relationship, contractual or otherwise, with visitors to its Customers’ websites. BrightTag’s service agreements with its Customers require them to provide notice of, and obtain consent for, the transfer of User Data to BrightTag for processing and for onward transfer to third parties, where required by applicable law. Any personal data collected by BrightTag on behalf of its Customers is carried out under the instructions of its Customers. Personal data collected from Customers that are established in the European Economic Area will be processed pursuant to data transfer agreements between BrightTag and each Customer in accordance with the terms and conditions set forth in the EU Standard Contractual Clauses for Processors.

B. Information We Collect

Most of the information collected by BrightTag when providing the Services to its Customers is not personal data or is anonymized data. In circumstances where BrightTag collects and processes personal information, BrightTag acts as a data processor and the collection, processing and storage of any such data is subject to the Customer’s sole direction and control.

BrightTag does not itself collect, and requires that its Customers notify visitors as required by applicable laws before using the Services to collect or transfer, data elements that are considered to be sensitive in some jurisdictions, namely personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or the processing of data concerning health or sex life.

The types of User Data that Customers may instruct BrightTag to process include, for example:

• IP address and other information that a visitor’s device sends to identify itself to network servers, and configuration information about a visitor’s web browser and device;
• Information about visitor interactions with a Customer’s website, such as content viewed and products purchased;
• Information that visitors have provided to a Customer, including information about personal interests and information that may personally identify visitors, such as name, address, phone number and email address;
• Anonymous demographic data, such as age, gender and location; and
• Data that anonymously identifies your web browser and device to one or more third-party services.

C. How We Use the Information We Collect

BrightTag does not control User Data but may temporarily store and process such data, and transfer it to Customer-approved third parties, in order to provide the Services to our Customers pursuant to their instructions and control.

Each Customer that BrightTag serves is responsible for establishing and complying with its own privacy policy. In accordance with the terms and conditions of BrightTag’s service agreements with our Customers, each Customer is responsible for ensuring compliance with any applicable laws relating to the provision of notice to, obtaining consent from, and responding to the withdrawal of consent (“opt out”) from visitors to its website whose personal data may be processed or whose devices may be subject to the application of cookies or similar types of stored content objects by BrightTag pursuant to instructions issued by the Customer.

D. Transfers of Information to Third Parties

BrightTag does not transfer any User Data to third parties except in accordance with the Customer’s explicit instructions. BrightTag’s service agreement with its Customers requires them to provide notice of, and obtain any consent for, the transfer of such data to third parties, in accordance with applicable law.

E. Security of Information and Disclosures

BrightTag uses industry standard security measures to safeguard the information that it processes and takes reasonable precautions to protect personal information in its possession from loss, misuse, unauthorized access, disclosure, alteration and destruction.

BrightTag will, to the extent possible, secure any personal data and, except as otherwise set forth in this Privacy Policy, will not disclose such data to third parties. Although BrightTag is committed to maintaining the confidentiality of personal data, if required by law, BrightTag reserves the right to disclose such information without first obtaining consent.