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Introduction

Ballogy, Inc. (“Ballogy” or “we” or “us”) has created this Privacy Policy in order to disclose its collection, use and disclosure of personal information and other data about you by Ballogy, its employees, affiliates, and successors and assigns, in connection with its website, applications, software, services, mobile apps, social networking sites, and other Ballogy properties or technology displaying or referencing this Privacy Policy (collectively, the “Sites”). This Privacy Policy is effective as of February 12, 2024. Any questions regarding this policy should be directed by email to [email protected][. You may also contact Ballogy at 13875 Bee Cave Parkway, Austin, TX 78738 . 

If you use the Sites, you acknowledge this policy and the collection, use and sharing of your personal information and data as described herein, and in accordance with the applicable agreements with Ballogy, including but not limited to any applicable terms of service and/or End-User License Agreement.

Some Ballogy customers may choose to engage Ballogy for certain services in part as a processor and/or a “service provider” under US privacy laws, and in such case the collection, use and sharing of personal information for the engagement may be governed by the agreement between Ballogy and the customer, and the customer’s privacy policy, in addition to or independent of, this Privacy Policy.

Personal Information Collected and Received
 Ballogy may collect or receive information about each person who visits, utilizes or interacts with the Sites, including, but not limited to, user name, password, first and last name, email address, photograph or images, phone number, occupation, and employment information. Ballogy collects information available to us as part of your interactions with the Sites, as well as other information you provide or you may volunteer. Ballogy may also collect information about its customers and any of their employees including contact information and billing/payment information.

We may collect personal information from you at various points, including but not limited to:

  •  when you contact us or we correspond with you;
  •  when you visit the website and/or utilize or interact with our Sites, including but not limited to information on/from cookies as described below;
  • when you become a customer or register with a Site, including but not limited to when an account is created for you;
  • when you provide information, such as user contributed content, blog or social media comments, survey information or join our mailing list;
  • when you make a purchase;
  • when a Site sends us error reports or collects certain analytics data;
  • when engaged by a business to perform services for them or on their behalf; and
  •  as described to you at or before the time of collection.

When you visit a Site, we may automatically collect certain information, including information about your device such as your web browser, IP address, time zone, and other information on your device in connection with our site. Additionally, we collect information as you browse the website, including the web pages you view, the referral source (such as the page, website or search terms that brought you to the site), and other information about your interactions with our Sites. Such information may or may not be considered personal information.

 We may obtain information about you from other sources, including, but not limited to, our affiliates, organizations with a relationship with Ballogy (such as customers, prospects, vendors and suppliers), social media sites, organizations providing marketing contacts, publicly available databases, and through other third-party services and organizations to supplement information provided by you.

 Ballogy does not require you to include sensitive information (e.g., racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information without an express agreement authorizing it, you acknowledge that you have provided Ballogy explicit consent concerning the collection, use and disclosure of such information in accordance with this Privacy Policy or as otherwise described to you at the time of collection. If the jurisdiction where you reside requires affirmative, separate, opt-in consent, this paragraph does not apply to you and you are required to provide consent at or before the time of collection, or if not, do not provide the sensitive information to Ballogy.

 Some personal information may also be collected by a third-party such as a customer, service provider, or social networking site. If you interact with these third-parties or other third party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Ballogy.

Use and Disclosure of Personal Information
 Ballogy may use and disclose personal information that we collect or receive about you to:

  • deliver the products and services that you have requested or are requested on your behalf;
  • manage our relationship with you and provide you and/or our customer with support;
  • perform analysis about our business, our customer’s business, the Sites, you, and/or your use of the Sites;
  • communicate with you by e-mail, postal mail, telephone and/or mobile devices, including but not limited to communications about products or services that may be of interest to you;
  •  enforce our legal rights, terms and conditions, and other agreements;
  • manage our business, including but not limited to advertising, billing and payment information; debugging and error fixing, event registrations, improving and expanding the Sites and any services offered; deidentifying personal information, marketing, short term transient uses, and other functions;
  • conduct a sale of all or substantially all of our business or assets, which includes the sale, assignment or other transfer of your personal information in connection with such transaction.
  •  respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, security of systems or data, or situations involving potential threats to the physical safety of any person, or as otherwise required by law;
  •  identity verification, auditing transactions and other compliance activities; and
  • perform activities or functions as instructed by you or otherwise described to you at the time of collection.

Ballogy may use your IP address to, among other things, maintain logs of Site activity, help diagnose problems with a server and to administer the website. Your IP address may also be used to help identify you and your online profile and to gather broad demographic information.

The Ballogy Site registration or contact form may require or permit users to give Ballogy contact information (such as your name and email address or mobile phone number) and may include demographic information (such as company, title, location). Ballogy may use your contact information to send you information you request, information about Ballogy and promotional material from some of Ballogy’s partners. Your contact information may also be used to contact you for other purposes in our discretion.

Except as described herein, we will not disclose your personal information to any third party unless (i) directed by you; (ii) we are operating on behalf of a customer and we are complying with the customer’s instructions; or (iii) we have notified you of our intent to disclose the information and given you an opportunity to prevent your information from being shared.

From time to time, we may partner with companies based on the interests of our customers, prospects, contacts and users. In such case, we will do so in a manner that respects your privacy and is consistent with the disclosures in this Privacy Policy.

Ballogy reserves the right to disclose information when required by law or to uphold our ethical principles.

We use other companies to perform services as part of our operations. In the course of providing these services, those companies may receive, or have access to, your personal information.

We may also use and disclose statements made about Ballogy or our Sites, such as feedback, testimonials or reviews, by our customers, users and other contacts.

 

Other Information

Ballogy may collect, use and share other information from your use of the Sites, or other information available to Ballogy, provided such information does not individually identify you or otherwise qualify as personal information (or similar) under an applicable law, including but not limited to Ballogy deidentifying personal information to create such information. Ballogy shall have the right to retain records of such data including, but not limited to, usage, activity logs, and click-throughs. Ballogy may disclose such data, whether in the form collected or a derivative form, to third parties provided it is presented in an aggregate and/or deidentified form.

 Where we have deidentified personal information covered by a privacy law, we will maintain and use the data only in deidentified form and not attempt to reidentify the data, unless permitted by the applicable law.[RM3]  

 Ballogy in the course of its business may collect, use and disclose other information, separate from information in connection with the Sites, such as information about customer prospects, employees and employment candidates, vendor employees (i.e., their business contact information), and other information as part of operating its business. Additional information about our use of this personal information and data, to the extent not already covered herein, may be obtained by utilizing the contact information below.[RM4] 

 California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by one of the methods available below.

Our website and/or application are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to the contact information below. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.

If you wish to receive disclosures or rights provided for in the California Consumer Privacy Act, as amended, please contact us via the contact information provided below.

Additional Privacy Rights
 If you live in a country, state or other jurisdiction that provides for additional rights regarding your personal information, such as the right to access or delete your personal information, or opt-out of the sale of personal information, or receive additional disclosures concerning the processing of your personal information or data, and you wish to exercise those rights, please contact us using the contact information below.

Data Retention
 We may choose to retain personal information for as long as necessary for the fulfillment of the purposes described herein, unless otherwise restricted by an applicable law.

Children’s Privacy

We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person’s personal information from all Ballogy systems.

 Global Positioning System

Global Positioning System (GPS) tracking technology may need to be enabled in connection with Ballogy products and services in order to determine the location (latitude and longitude) of users. We will request your permission prior to precise geolocation tracking[RM5] . Where authorized, this information is transmitted as necessary for the products and services, which may include transmission to Ballogy, its service providers (including hosting provider), and Ballogy’s users or clients if necessary as part of the services. This information is only used by Ballogy in conjunction with Ballogy’s services or otherwise in connection with the reason for its collection or as permitted this Privacy Policy.

 Security

Ballogy uses industry-standard technologies when transferring and receiving personal information to help ensure its security. The Sites have security measures in place designed to protect against the loss, misuse and alteration of the information under Ballogy’ control. However, there is no guarantee that your personal information in any system is completely secure.

 Cookies and other Tracking Technologies

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. The Ballogy site uses cookies to keep track of your session or for other functions. Ballogy may also use cookies to deliver content specific to your interests.

We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our Sites. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

Ballogy may use an outside ad or marketing company in connection with the Sites, including, but not limited to, display of ads or ad technology or marketing technology. These ads may also contain cookies or other tracking technology.

Ballogy and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and connect to the Ballogy website and/or services. This information allows Ballogy and these companies to deliver targeted advertisements and gauge their effectiveness.

Your browsing activity may be tracked across different websites and different devices or apps.  For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop.  To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

We may use third-party APIs and software development kits (“SDKs”) as part of the functionality of our Sites.  APIs and SDKs may allow third parties including analytics companies and advertising partners to collect your personal data for various purposes including to provide analytics services and content that is more relevant to you.

Links

Ballogy may create links to other web sites. Many other sites that are not associated or authorized by Ballogy may have links leading to our Sites. Ballogy cannot control these links and Ballogy is not responsible for any content appearing on these sites.

Marketing Communications Opt-Out
 Ballogy provides users the opportunity to opt-out of receiving communications from Ballogy, except transactional correspondence. To opt-out of receiving our communications, you can send an email to [email protected].

Google Analytics Opt-Out
 We use Google Analytics, a service for the marketing analysis of the site provided by Google, Inc. Google Analytics uses cookies to allow us to see how you use our site, so we can improve your experience. Google’s ability to use and share information collected by Google Analytics about your visits to the site is restricted by the Google Analytics Terms of Use available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy available at http://www.google.com/policies/privacy/. You can prevent Google Analytics from recognizing you on return visits to the site by disabling cookies in your browser. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout.

Do Not Track
 Please note that we do not alter our data collection and use practices as a result of a Do Not Track signal from your browser, unless required by an applicable law.

Amendments
 Ballogy may amend this policy at any time. If Ballogy is going to use personal information collected in a manner materially different from that stated at the time of collection, Ballogy will notify users via email and/or by posting a notice on the Ballogy site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.

Contacts
 If you have any questions about this Privacy Policy, the practices of a Site or Ballogy or your dealings with us, you can contact [email protected]. You may also write to us at Ballogy, Inc., 13875 Bee Cave Parkway, Austin, TX 78738.