Privacy Policy Agreement

TargetBay

Privacy Policy

Effective Date12/31/19

TargetBay, Inc. (“TargetBay”, “we”, “us”, or “our”) recognizes the importance of privacy. We streamline the process of automating, analyzing, and personalizing an eCommerce store’s marketing campaigns through an all-in-one platform and data-driven marketing recommendations (collectively, the “Services”). In this Privacy Policy, we describe how we collect, use, and disclose information that we obtain about visitors (“Visitors”) to our website www.TargetBay.com and any related subdomains (collectively, the “Site”); users who have registered accounts with us to use our Services (“Customers”); and the end-users of our Customers’ eCommerce stores or individuals that Customers may wish to market to using our Services (“End Users”). Our use of “you” refers collectively to Visitors, Customers, and End Users.

By using any of our Services, Visitors and Customers agree that their information, including personal information, will be collected, used, and disclosed as described in this Privacy Policy. Their use of our Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. We have no direct relationship with End Users, however, so our Customers are solely responsible for ensuring that they have the appropriate permission for us to collect, use, and disclose information about End Users.

  • Information We Collect
  • Our Customers and Site Users
  • Users of Our Customer’s Web Sites
  • How We Use Information
  • How We Disclose Information
  • Cookies and Other Tracking Mechanisms
  • Clear GIFs, pixel tags, and other technologies. Clear GIFs are tiny graphics with a
  • User-Generated Content
  • Third-Party Links & Analytics
  • Do Not Track Disclosure
  • Interest-Based Advertising
  • Third-Party Collection and Disclosure
  • Access
  • Data Retention
  • Data Integrity, Purpose Limitation
  • Security
  • Marketing Communications
  • CanSpam Act
  • Your Choices
  • Updating or Deleting Personal Information.
  • Opting out of Email or text Communications
  • Legal
  • Children
  • Dispute Resolution
  • Terms of Service
  • Your Consent
  • Contact Us
  • EU Data Subjects
  • Recourse, Privacy Complaints by EU and Swiss Residents
  • Privacy Notice for California Residents – CPPA Privacy Notice
  • Changes to Our CPPA Privacy Notice
  • Contact Information
  • Changes to this Policy

TargetBay Inc. is subject to the investigatory and enforcement authority of the Federal Trade Commission.
Information We Collect
You may visit our site anonymously.
If you choose to register on our website, four categories of data to and on behalf of you will be processed:

“Account data”
When you register for an account on our site, place an order, subscribe to our newsletter, or respond to a survey, basic contact details are collected such as the e-mail address and name of your contact person, company name, address, phone number, VAT number, preferred language and currency, any purchase order number, any e-mail address of invoice receivers and a masked credit card or bank account details.
“Configuration data”
We collect your direct input to our cloud service TargetBay (the “Service”) after login, like the domain name(s) of the website(s) where you implement the Service and configuration of the content, looks, and behavior towards website visitors (“End Users”).
“End User Data”
Data generated by End Users browsing your website(s) using the Service. When an End User submits a consent from your website(s), the following data are automatically logged at TargetBay:

  • The End User’s IP number in anonymized form (last three digits are set to ‘0’).
  • The date and time of the consent.
  • User-agent of the End User’s browser.
  • The URL from which the consent was submitted.
  • Anonymous, random, and encrypted key value.
  • The End User’s consent state, serving as proof of consent.

The key and consent state are also saved in the End User’s browser in the first party cookie “CookieConsent” so that the website can automatically read and respect the End User’s consent on all subsequent page requests and future End User sessions for up to 12 months. The key is used for proof of consent and an option to verify that the consent state stored in the End User’s browser is unaltered compared to the original consent submitted to TargetBay.

“System Generated Data”

The Service automatically creates and stores metadata on basis of the other types of data, e.g.:

•  Subscription data, like start date, latest invoice date, and the result of mandatory email validation. All new merchant accounts after Oct 1st, 2019 invoices are stored outside of the system with our processor Stripe.com so that you may access any issued invoices from within Stripe.com.
•  Aggregated statistical data on End User consents.

Subscribers/Merchants can issue instructions to TargetBay through configuration and/or execution of relevant functions offered by the Service from TargeBay’s backend. If a specific instruction regarding personal data cannot be carried out through the backend, you may send instructions to us through the help desk provided at https://targetbay.freshdesk.com/support/home

OUR CUSTOMERS AND SITE USERS

We collect information about you directly from you, from third parties, and automatically through your interaction with our Services. We may combine information that we collect from these various sources.

  • Information We Collect Directly from You. We may collect information about you directly from you. For example, if you create an account with us, we will collect your name, email address, password, and store URL; if you pay for any Services, we will also collect your payment card information and billing address. We will also collect any other information that you provide to us through our Services, such as your name, email address, and the contents of your message if you contact us through our Site.
  • Information We Collect from Third Parties. We may collect information about you from third parties. For example, if you are an End User, we will collect information about you from our Customers. We will also collect information about you from social media platforms, data aggregators, and providers of marketing services. TargetBay is not responsible for the privacy practices of third parties from which it receives information about you. Please see our Third-Party Collection section below for more information
  • Information We Collect Automatically. We automatically collect information about you through your use of our Services, including, without limitation IP address, location, browser type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, device ID, and activities within our Services (e.g., links you click, searches you run, etc.). Please see our Cookies and Other Tracking Mechanisms section below for more information. In addition, we also automatically collect information about your use of our Services, such as transaction data (e.g., date and time of purchase, amount of purchase), product data (e.g., product purchased, category of the product purchased), and behavioral data (e.g., time spent engaging with a particular product). You should know that we use our Marketing and Analytics Services on our Site in order to obtain some of this information.
  • Information We Collect From Social Networking Sites. If you choose to “Like” us, subscribe to our twitter feed, or connect with us on LinkedIn, we may receive information from those third-party sites. For example, when you “Like” us through Facebook, we receive your Facebook user ID and the pages you were visiting when you chose to “Like” us; we may also collect any profile information that you share with everyone. To review and manage the privacy settings for your social networking accounts, you should refer to the privacy settings for the social network.

    USERS OF OUR CUSTOMERS’ WEBSITES

    TargetBay’ clients and customers (“Clients”) may use our Marketing and Analytics Services, which includes certain code, software, cookies, and other tracking mechanisms, and services to obtain information regarding the activities that users engage in while visiting their websites (“Client Analytics Data”). When a user visits a website that uses our Marketing and Analytics Service, code contained on the website contacts our servers and enables TargetBay to collect Client Analytics Data. Some Clients may also use their own code to obtain analytics data about users of their Digital Properties, and then send such information to our servers. Client data is stored on TargetBay’ web servers and databases for use in performing analysis and producing reports for Clients, and for other purposes explained in this Policy. Our Marketing and Analytics Services are used to collect and analyze behavioral, usage, and activity information about the use of our Clients’ Digital Properties. The Marketing and Analytics Services will collect certain non-personally identifiable analytics data, including (but not limited to) IP address and location information, website URL, referring URL, pages viewed (including page address, name and title, data and time of access, and length of time spent on each page), activities on each page (including links clicked and search terms entered), operating system, browser type, User-Agent header information, web page performance information, campaign information, java version, flash version, resolution and screen information, and language information.TargetBay Clients can also use the Marketing and Analytics Services to collect additional Client Analytics Data, (including personally identifiable data such as email addresses, postal addresses, and telephone numbers). The collection and use of Client Analytics Data by or on behalf of a Client are subject to the Client’s Privacy Policy.

     How We Use Information

    We use the information that we collect, including personal information, for the following purposes:

    • Providing and Improving Our Services. To provide and maintain our Services; to improve our Services; to develop new features or services; to perform technical operations, such as updating software; and for other customer service and support purposes.
    • Research and Analytics. To analyze how you interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.
    • Marketing and Communications. To communicate with Customers about their use of our Services, including to send them updates, respond to their inquiries, and provide them with news and newsletters, special offers, promotions, and other information we think may interest them, and for other informational, marketing, or promotional purposes. Our communications with Customers may include communications via email and text. Please see our section regarding Your Choices below for more information about how to change your communications preferences.
    • To better understand how users access and use our Site and Marketing and Analytics Services, in order to improve our Site and Marketing and Analytics Services and respond to user desires and preferences, and for other research and analytical purposes.
    • To compile aggregate data derived from our Marketing and Analytics Services (including the Client Analytics Data of multiple Clients) to compile statistics, metrics, insights, and general trend data about TargetBay, Site activity, and analytics data (on an aggregate and individual basis) and the use of the Marketing and Analytics Services for, among other things, TargetBay’ internal use, research, marketing, and promotional purposes, and as part of our other analytics services.
    • Protecting Rights and Interests. To protect the safety, rights, property, or security of TargetBay, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop the activity which TargetBay, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to enforce this Privacy Policy or our Terms of Service.
    • Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal processes; or as part of an investigation or request from law enforcement or a governmental authority.

    How We Disclose Information

    We disclose the information that we collect, including personal information, as described to you at the time of collection or as consented by you before disclosure, or as follows:

    • Affiliates. We may disclose information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.
    • Service Providers. We may disclose information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose information to partners in our Targetbay marketplace to help Customers expand their markets.
    • Customers. We may disclose information about End Users to our Customers for purposes of providing our Services.
    • Other Unaffiliated Third Parties. We may disclose your information to third parties, including so that those third parties may send marketing information to you.
    • Business Transfers. We may disclose information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
    • Protecting Rights and Interests. We may disclose information to protect the safety, rights, property, or security of TargetBay, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity which TargetBay, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy or our Terms of Service.
    • Legal Compliance. We may disclose information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official.
    • Aggregate and De-Identified Information. We may disclose aggregate, anonymous, or de-identified information for marketing, advertising, research, compliance, or other purposes.

    Cookies and Other Tracking Mechanisms

    We or our service providers use cookies and other tracking mechanisms to track information about how you use our Services. We or our service providers may combine this information with other information, including personal information, we collect about you.

    Cookies. Cookies are alphanumeric identifiers that we transfer to a computer’s hard drive through a web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers provides information about how to prevent a computer from accepting new cookies, how to have the browser notify upon receiving a new cookie, or how to disable cookies altogether. Users who disable cookies will be able to browse certain areas of the Services, but some features may not function.

    We use Cookiebot to manage all cookies on our website.  Cookiebot brings this vision to life with three, fully automatic core functions that are easy to implement: cookie consent, cookie monitoring, and cookie control. Cookiebot enables true compliance with privacy legislations through respectful and transparent data exchange, based on consent between end-users and our website.  For more info please see our Cookie Declaration here.

    Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags) in connection with our Services to, among other things, track user activities, help us manage content, and compile statistics about usage of our Services. We and our service providers also use clear GIFs in HTML emails to you, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

    USER GENERATED CONTENT

    We invite registered users to post content on our Site, including your comments, pictures, and any other information that you would like to be available on our Site. If you post content to our Site, all of the information that you post will be available to our registered customers. If you post your own content on our Site or services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

    Does TargetBay Disclose any information to third parties?

    TargetBay does not sell, trade, or otherwise transfer to outside parties any personally identifiable information.

    This does not include trusted third parties or subcontractors who assist us in operating our website, conducting our business, or servicing you. Such trusted parties may have access to personally identifiable information on a need-to-know basis and will be contractually obliged to keep your information confidential.

    We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. Furthermore, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

    Subcontractors/trusted third parties

    The subcontractors  Amazon.com, Inc. is certified under the EU-US Privacy Shield and AWS is covered under this certification. This helps customers who choose to transfer personal data to the US to meet their data protection obligations. Amazon.com Inc.’s certification can be found on the EU-US Privacy Shield website here: https://www.privacyshield.gov/list

    Any intended changes concerning the addition or replacement of subcontractors or subprocessors handling personal data will be announced to you with at least 3 months’ notice. You retain at all times the possibility to object to such changes or to terminate the contract with TargetBay.

    Third-Party Links &Analytics

    We may use third-party analytics companies, such as Google Analytics, to evaluate the use of our Services. We or our service providers use these tools to help us understand the use of and to improve, our Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (“LSOs”), to perform their services. To learn more about Google’s privacy practices, please see the Google Privacy Policy; to opt-out of being tracked by Google Analytics, you can download the Google Analytics Opt-out Browser Add-on.We are not responsible for the information practices of such third-party websites

    Do Not Track Disclosure

    Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).

    Interest-Based Advertising

    We use third parties such as network advertisers to display advertisements on our Services, to assist us in displaying advertisements on third-party services, and to evaluate the success of advertising campaigns. You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

    Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Services or other services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextual advertising). Also, if your browsers are configured to reject cookies when you visit an opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective.

    Third-Party Collection

    Our Services may contain links to third-party websites and applications or integrate with services provided by third parties. Any access to and use of such linked websites, applications, or third-party services is not governed by this Privacy Policy but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties, and we encourage you to read their privacy policies.

    ACCESS

    If you’d like us to provide access to, update, correct, or delete any personally identifiable information that you have provided on the Site or that we may have in connection with the Analytics Services, please send your request to contactus@targetbay.com and the company will process your request within a reasonable period of time after receipt. EU data subjects have additional rights listed below.

    DATA RETENTION

    We store personally identifiable information such as email addresses or billing details received from our Clients so long as they continue to have a business relationship with TargetBay. You may ask us to delete that information by following the instructions above. As an agent (i.e., data processor) of our Clients, store information collected via our Marketing and Analytics Services for a reasonable time as directed by our Clients.

    Data retention policy

    Account Data will due to tax regulations be retained for up to five full fiscal years from the cancellation of your Service account.

    Configuration Data and System Generated Data will be erased immediately when you cancel the Service account.

    End-User Data will be erased on an ongoing basis after 12 months from registration, and immediately when you cancel the Service account.

    Data retention for compliance with legal requirements

    You cannot require TargetBay to change any of the default retention periods, except for the reasons for erasure pursuant to clause 11.3, but may suggest changes for compliance with specific sector laws and regulations.

    Data restitution and/or deletion

    No data except Account Data will be retained after the termination of the contract. You may request a data copy before termination. You must not cancel the Service account until the data copy has been delivered, as TargetBay otherwise will not be able to deliver the data copy.

    DATA INTEGRITY, PURPOSE LIMITATION

    We process information in a way that is compatible with and relevant for the purpose for which it was collected as described above. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current, and reliable for its intended use.

    SECURITY

    We have implemented reasonable security precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

    MARKETING COMMUNICATIONS

    We may send periodic promotional emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails related to your account or any services you have requested or received from us.

    CAN-SPAM Act

    The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

    We collect your email address in order to:

    • Send information, respond to inquiries, and/or other requests or questions.
    • Process orders and to send information and updates pertaining to orders
    • Send you additional information related to your product and/or service.
    • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

    To be in accordance with CANSPAM we agree to the following:

    • NOT use false, or misleading subjects or email addresses
    • Identify the message as an advertisement in some reasonable way
    • Monitor third party email marketing services for compliance, if one is used.
    • Honor opt-out/unsubscribe requests quickly
    • Allow users to unsubscribe by using the link at the bottom of each email

    If at any time you would like to unsubscribe from receiving future emails, follow the unsubscribe instructions at the bottom of each emailand we will promptly remove you from ALL correspondence.

    Your Choices

    Updating or Deleting Personal Information. Visitors and Customers can at any time update their cookie preferences by visiting our website and clicking on the cookie declaration in the footer. Once there they simply need to click the “change your consent” hyperlink. Visitors and Customers may correct or delete the personal information that they provide to us by emailing us at contactus@TargetBay.comand describing their request to update or delete their personal information. Please note that we may retain certain information about them as required by law or as permitted by law for legitimate business purposes (e.g., in accordance with our record retention policies or to enforce our Terms of Service). End Users who wish to correct or delete the personal data that we use on behalf of Customers should contact the Customer with which they interact to make such a request.

    Opting out of Email or text Communications. We may send periodic promotional or informational emails to Visitors and Customers. Visitors and Customers may opt-out of such communications by following the opt-out instructions contained in the email or contacting us at the Contact Us information below. Please note that it may take up to 10 business days for us to process opt-out requests. If Visitors or Customers opt-out of receiving marketing emails from us, we may still send them non-promotional emails (e.g., about their account with us). If you are an End User that receives emails from one of our Customers and you no longer want to be contacted by that Customer, please unsubscribe directly from that Customer’s communication or contact the Customer directly to update your email preferences.

    Children

    Our Services are not targeted to children under thirteen (13) years of age, and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.

    Dispute Resolution

    Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through TargetBay Inc.’s internal processes, TargetBay Inc. has designated it will work with EU Data Protection Authorities (DPA). The DPA (Data Protection Authority) is the agency within each European Union country that is responsible for GDPR (General Data Protection Regulation) assistance and … EUROPEAN FREE TRADE AREA (EFTA). 

    Terms of Service

    Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://targetbay.com/terms-of-service-agreement/

    Your Consent

    By using our site, you consent to this Privacy Policy.

    Contact Us

    If you have questions about the privacy aspects of our Services or for further information about our data privacy policies and practices, please contact us at contactust@TargetBay.com or 404-903-5146. 

    EU DATA SUBJECTs

    EU General Data Protection Regulation (GDPR)

    The processing of your data is either based on your consent or in case the 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, cf. GDPR art. 6(1)(a)-(b).

    If the processing is based on your consent, you may at any time withdraw your consent by contacting us using the contact information in clause 1.

    In order to enter into a contract regarding the purchase of TargetBay’s Service, you must provide us with the required personal data. If you do not provide us with all the required information, it will not be possible to deliver the Service.

    In addition to the above-referenced privacy practices, EU Data subjects are granted additional privacy rights under the General Data Privacy Regulation (“GDPR”). For example, an EU (or Swiss) individual who seeks access, or who seeks to correct, amend, port over, and/or delete inaccurate data, or who wishes to limit the use and disclosure of their personal data should visit our EU Subject Access Page. Those rights also include the right to complain to EU Supervisory Authorities.

    With respect to EU data subjects, personal data includes Pseudonymous Data such as an IP address, a mobile advertising ID, or a cookie ID as well as PII. EU Data subject wishing to object to TargetBay’s processing of data using the opt-out methods described above should note that the presence of a TargetBay opt-out cookie tells our systems that you object to our processing of data.

    TargetBay operates the Platform and provides the Services as a “data processor” under the GDPR. That means that TargetBay processes data via the Platform and Services as directed by each of our Clients pursuant to our contracts with Clients. While TargetBay does enable Clients to create profiles of Internet Users, none of those profiles contain sensitive information, nor do the profiles present a “high risk” to the fundamental human rights of EU data subjects.

    We process certain EU personal data provided by Clients and Data Partners under contractual necessity. For example, we require the billing details of our Clients located in the EU to process payment for the Services and we need email addresses from Clients to enable them to log in to our systems. We collect contact details from EU data subjects via our Website with the consent and ask for consent to place cookies onto EU desktops. Our sales and marketing team may obtain additional contact details for current and prospective Clients via our legitimate interest.

    TargetBay’s data protection officer Nash OgdenPresident of TargetBay.

    support@targetbay.com

    contactus@targetbay.com 

    RECOURSE, PRIVACY COMPLAINTS BY EU AND SWISS RESIDENTS

    TargetBay complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  (Your organization name) has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

    In compliance with the EU-US and Swiss-US Privacy Shield Principles, TargetBay commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact TargetBay via email at: contactus@TargetBay.com and support@targetbay.com

    Under certain conditions – available for the User in full on the Privacy Shield website – the User may invoke binding arbitration when other dispute resolution procedures have been exhausted.

    Privacy Notice for California Residents – CPPA Privacy Notice

    California residents may have additional personal information rights and choices. Please review these below.

    California Online Privacy Protection Act Compliance

    Because TargetBay values your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute any personal information to outside parties without your consent except as required by law.

    As part of the California Online Privacy Protection Act, all users of our website may make any changes to their information at any time by logging into their account and navigating to the “profile page”.

    The CCPA changes the way Californians can handle their own data, as it empowers them with new rights to request businesses to disclose or delete the data they have already collected, or to opt-out completely of third-party data sales.

    Effective Date: [12/31/2019]

    Last Reviewed on: [12/31/2019]

    Category Examples Collected
    A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. [YES]
    B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

    Some personal information included in this category may overlap with other categories.

    [YES]
    C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). [NO]
    D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. [YES]
    E. Biometric information. Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. [NO]
    F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. [YES]
    G. Geolocation data. Physical location or movements. [YES]
    H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. [NO]
    I. Professional or employment-related information. Current or past job history or performance evaluations. [NO]
    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records are directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. [NO]
    K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. [YES]

    This Privacy Notice for California Residents  applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

    Information We Collect

    Our Website collects information that identifies, relates to, describes, references is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information“). In particular, TargetBay’s website, www.targetbay.com (“Website”), has collected the following categories of personal information from its consumers within the last twelve (12) months:

    Personal information does not include:

    • Publicly available information from government records.
    • Deidentified or aggregated consumer information.
    • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

    TargetBay obtains the categories of personal information listed above from the following categories of sources:

    • Directly from you. For example, from forms you complete or products and services you purchase.
    • Indirectly from you. For example, from observing your actions on our Website.

    Use of Personal Information

    We may use, or disclose the personal information we collect for one or more of the following business purposes:

    • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
    • To provide, support, personalize, and develop our Website, products, and services.
    • To create, maintain, customize, and secure your account with us.
    • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
    • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
    • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
    • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
    • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
    • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
    • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TargetBay’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TargetBay about our Website users is among the assets transferred.

    TargetBay will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

    Sharing Personal Information

    TargetBay may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. (See our third-party privacy addendum))

    We share your personal information with the following categories of third parties:

    • Service providers.
    • Data aggregators.

    Disclosures of Personal Information for a Business Purpose

    In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

    [Category A: Identifiers.]

    [Category B: California Customer Records personal information categories.]

    [Category D: Commercial information.]

    [Category F: Internet or other similar network activity.]

    [Category G: Geolocation data.]

    [Category K: Inferences are drawn from other personal information.]

    We disclose your personal information for a business purpose to the following categories of third parties:

    • Service providers.
    • Data aggregators

    Sales of Personal Information

    In the preceding twelve (12) months, Company has not sold personal information

    Your Rights and Choices

    The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

    Access to Specific Information and Data Portability Rights

    You have the right to request that TargetBay disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

    • The categories of personal information we collected about you.
    • The categories of sources for the personal information we collected about you.
    • Our business or commercial purpose for collecting or selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The specific pieces of personal information we collected about you (also called a data portability request).
    • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

    Deletion Request Rights

    You have the right to request that TargetBay delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

    We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    1.  Complete the transaction for which we collected the personal information, provide a good or service that   you requested, take actions reasonably anticipated within the context of our ongoing business   relationship with you, or otherwise perform our contract with you.
    2.  Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or   prosecute   those responsible for such activities.
    3.  Debug products to identify and repair errors that impair existing intended functionality.
    4.  Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or   exercise another right provided for by law.
    5.  Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    6.  Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that   adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render  impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    7.  Enable solely internal uses that are reasonably aligned with consumer expectations based on your   relationship with us.
    8.  Comply with a legal obligation.
    9.  Make other internal and lawful uses of that information that are compatible with the context in which   you provided it.

    Exercising Access, Data Portability, and Deletion Rights

    To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

    Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

    We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
    Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to the personal information associated with that specific account.
    We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
    Response Timing and Format
    We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
    If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
    Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
    Other California Privacy Rights
    California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contactus@targetbay.com and support@targetbay.com
    or write to us at:
    Attn: Legal – Global Privacy Officer
    7000 Central Pkwy Suite 220
    Atlanta, GA 30328
     
    Changes to Our CCPA Privacy Notice
    TargetBay reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
    Contact Information
    If you have any questions or comments about this notice, the ways in which TargetBay collects and uses your information described below and in the Privacy Policy, your  choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
    Phone: 678-648-7464
    Website: www.targetbay.com
    Email: contactus@targetbay.com and support@targetbay.com
    Postal Address:
    TargetBay
    Attn: Legal – Global Privacy Officer
    7000 Central Pkwy Ste 220
    Atlanta, GA 30328
    CHANGES TO THIS POLICY
    This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. TargetBay reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes. We always indicate the date the last changes were published and we offer access to archived versions for your review.
    EFFECTIVE DATE: Dec 31, 2019; Updated Dec 31, 2019.

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