Effective Date: [12/16/20]
This Privacy Notice (this “Notice”) describes the type of information that Fitz-Gerald Research Analytics, LLC (“FRA,” “we,” “us,” or “our”) collects through your use of our websites, www.onebarahead.com, and FRA’s One Bar Ahead products and services (collectively, the “Service”). This Notice does not apply to information collected about you through any other means, including information collected by third parties or through non-electronic or offline means.
This Notice covers:
· What Personal Information is collected by FRA through the Service.
· How FRA uses this Personal Information.
· With whom FRA may share Personal Information.
· What choices are available to you with respect to the collection, use and sharing of your Personal Information.
· What types of security procedures are in place to protect against the loss or misuse of your Personal Information under our control.
By accessing or using the Service, you consent to our use of your Personal Information as described in this Notice. “Personal Information” for purposes of this Notice is the information that identifies you as an individual or relates to you as an identifiable person.
A. Information We Collect
We collect information from you in two ways. First, you may provide us with certain information when you submit forms, request information, register as a user, or otherwise contact us through the Service. Second, we collect certain information automatically as you use the Service.
1. Information You Provide to Us
We may collect Personal Information from you when you submit forms, register as a user, or request information through the Service. If you do not want us to collect this information, please do not provide it. We directly collect thefollowing types of information that you provide to us:
· Identifying information. We may collect Personal Information, including your name, email address, phonenumber, credit card information, mailing address, employer name and work title/position.
· User generated content. When you provide comments or feedback or make submissions using the Service, we may collect that content and associate it with you.
· Customer service interactions. To ensure the quality of your interactions with our personnel, we may monitor, document and retain communications between you and our personnel.
We use a third party payment processor, Stripe, to handle payment transactions. You can read about Stripe's privacy practices in the Stripe privacy notice accessible at the following link: https://stripe.com/privacy.
2. Information We Automatically Collect from You When You Use the Service
We (or service providers on our behalf) may use technologies, including “cookies” and “web beacons,” to automatically collect information from you when you use the Service. Cookies are small amounts of data that arestored within your Internet browser, which save and recognize your browsing habits. We use both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time). Web beacons are web page elements that can recognize certain types of information on your computer or mobiledevice, such as the time and date you viewed a page, which emails are opened, which links are clicked, and similar information.
Information that may be collected by cookies and web beacons when you use the Service may include, withoutlimitation:
· web pages you visit;
· date and time of your visit to or use of the Service;
· usage and activity data related to the Service;
· browser type;
· Internet Protocol (IP) address used to connect your computer or mobile device to the Internet;
· your computer or mobile device and connection information, such as your browser type and version,operating system, and platform; and
· your device identifier.
B. “Do Not Track” Requests
Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track”requests are sent to the websites you visit. IF YOU DO NOT WANT US TO AUTOMATICALLY COLLECT INFORMATION FROM YOU WHEN YOU USE THE SERVICE, EITHER NOW OR FOR FUTURE BROWSING SESSIONS, REFRAIN FROM USING THE SERVICE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (“DNT”) SIGNALS.
C. How We Use the Information We Collect
We may use information collected from or about you for any of the following purposes:
· developing, providing and improving the Service and/or FRA’s other products and/or services;
· assisting with the provision of services and fulfillment of any orders or requests for information made through the Service;
· sending you information and promotional materials about our products and services and the Service, as wellas our company in general;
· responding to information requests;
· complying with regulatory requirements for the maintenance of records;
· conducting internal reviews of the Service to help us better understand visitors’ and customers’ uses of theService;
· protecting the security and integrity of the Service;
· complying with court orders and legal process, and to enforce this Notice; and
· any other legal, business or marketing purposes that are not inconsistent with the terms of this Notice.
D. How We Share Your Information with Third Parties
We may share the Personal Information we collect in connection with the Service with third parties, as described below:
1. Third Parties Who Provide Services or Information Through the Service
We may share your Personal Information with third parties who provide third party products or services or information through the Service. Such third parties may use the information to fulfill product or service orders, develop and improve their products or services, and contact you about product or service orders, future products or services, or their company in general.
2. Service Providers
We may share your Personal Information with our third party distributors, vendors, suppliers and other serviceproviders who provide services to us or on our behalf, such as operating and supporting the Service, website developers, hosting service providers, auditors, performing marketing or consulting services, and assisting us with the preparation and mailing of our business and marketing communications and with processing and fulfillmentfunctions. These third party service providers may use your Personal Information for their own marketing purposes.
3. Third-Party Analytics Providers
We may share Personal Information with our advertising and analytics partners, such as Google Analytics . The privacy policies of these third party companies apply to their collection, use and disclosure of your information. These third parties may combine your information with the information of other consumers for purposes ofconducting studies and/or analytics. For more information about Google Analytics, including how to opt out, please go to: https://tools.google.com/dlpage/gaoptout.
4. Our Affiliates
We may share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or othercompanies that are or may become under common control with us. We will require these entities to comply with theterms of this Notice with regard to their use of your information.
5. Transfer or Assignment in Connection with Business Transfers or Bankruptcy
6. Response to Subpoenas or Court Orders, or Protection of Our Rights
We may disclose your information to government authorities or third parties if:
· you have given us permission to share your information;
· we are required to do so by law, or in response to a subpoena or court order;
· we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protectour property or other rights, or those of third parties, or the public at large; or
7. Aggregate Information
We may share aggregated or de-identified information without restriction.
E. Your Choices
We provide the opportunity to opt out of receiving communications from us and our partners at the point where we request information about you. In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email marketing communication you receive.
You may also opt-out of our automatically collecting information from you, as described above.
F. How We Protect Your Information
We have implemented commercially reasonable measures designed to secure your Personal Information from unauthorized access, use, alteration and disclosure. However, the transmission of information via the Internet is not completely secure. You acknowledge that: (a) the limitations of the Internet are beyond our control; (b) the security, integrity and privacy of information and data exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. FRA has no responsibility or liability for the security of information transmitted via the Internet.
G. California’s Shine the Light Law
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits any users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
H. European Union Privacy
If the processing of your Personal Information is subject to the European Union General Data Protection Regulation 2016/679 (“GDPR”), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows:
We will process your Personal Information in order to support our provision of the Service. The lawful bases for processing your Personal Information may include:
· When you have given consent to our processing;
· When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
· When processing is necessary to protect our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
· When processing is necessary for compliance with a legal obligation to which we are subject; and
· When processing is necessary to protect the vital interests of the data subject or of another natural person.
If the processing of your Personal Information is subject to GDPR, you have many rights with respect to such processing. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing of your Personal Information. You may further have the right to be informed about your Personal Information and how it is being processed, to access, correct and erase your Personal Information, to restrict further processing, and to obtain and reuse your Personal Information for your own purposes. You also have the right to lodge a complaint with the relevant European Union supervisory authority.
If we transfer your Personal Information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.
I. Correcting/Updating Your Information
You may have the right to access the Personal Information we collect about you. You may also have the right to correct any errors contained in that information. For details, please email us at firstname.lastname@example.org.
J. No Use by Children
The Service is not intended for users younger than 13. We do not knowingly collect contact information fromchildren under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted Personal Information without verifiable parental consent, we will remove his or her informationfrom our files.
K. Use of Information Outside Your Country of Residence
The Service is directed to users located in the United States. If you are located outside of the United States andchoose to use the Service or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Notice followed by your submission of information to us through or in connection with the Service represents your agreement to the transfer of your information tothe United States.
L. Changes to This Privacy Notice
We may change this Notice from time to time. If we decide to make a material change to this Notice, we will post it on this page. Your continued use of the Service after the posting of changes to this Notice will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your Personal Information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.
M. Contact Us
If you have any questions about this Notice or our use of the information we collect from you in connection with the Service, email us at email@example.com.