BRIGHTEDGE PRIVACY TERMS for AUTOPILOT CONVERT

Effective September 2021

These Privacy Terms (the “Privacy Terms”) supplement and form part of our standard Privacy Policy and provide additional information relating to your use of Autopilot Convert products and services (“Autopilot Convert”).

1. What These Privacy Terms Cover

These Privacy Terms cover how BrightEdge Technologies, Inc. (“BrightEdge,” “we,” “us,” or “our”), treats information collected in connection with your use of Autopilot Convert.

By using or accessing Autopilot Convert, you are accepting these Privacy Terms, along with our standard Privacy Policy, and you consent to our collection and use of your information as described in these Privacy Terms, including that your information may be transferred to, and stored and processed in, the United States. Please refer to your individual agreement with BrightEdge to check for any specific information privacy terms that may also apply to the information we collect or you provide to us by using Autopilot Convert.

These Privacy Terms also apply to personal data from the European Union and from Switzerland that is collected, used, retained, and processed by BrightEdge in the United States. References to “applicable law” include without limitation, when applicable, the EU General Data Protection Regulation 2016/679 (“GDPR”) and the California Consumer Privacy Act (“CCPA”).

2. Types/Categories of Information We Collect

In addition to the information we collect under our standard Privacy Policy, we may collect the following types of information in connection with your use of Autopilot Convert:

The usernames, first and last names, email and/or postal addresses, telephone numbers or other information that, alone or in combination can be used to identify your users and your customers (“Personal Information”);
Usage, viewing and technical data automatically collected from the computer or device through cookies and other technologies of your users and customers, including device identifiers or IP addresses, browser types, internet service providers (ISP), referring/exit pages, operating systems, date/time stamps, and clickstream data;
Comments or other information your users and customers provide through Autopilot Convert;
Location information from computers or devices interacting with Autopilot Convert. Location information is only used for security, monitoring, and troubleshooting purposes (most devices allow turning off location services);
Information you collect from your users and customers, which, depending on your settings, may include sensitive Personal Information (such as information related to racial or ethnic origin, religion or other beliefs, personal health information (“PHI”), financial information, and information about minor individuals); and
Information we collect when your users or customers interact with Autopilot Convert or on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that your users or customers viewed or interacted with our content.

With respect to Personal Information you provide us, you are the “Controller”, and we are the “Processor”, as such terms are defined in the GDPR (regardless of whether the GDPR applies).

3. How We Collect Information

We and our third-party service providers who support Autopilot Convert, may collect information about you, your users and customers in the following ways:

When you or your users provide information directly to us by requesting products, services, or information from us, filling out a web form, or otherwise interacting with us;
Automatically through technology such as cookies, Flash cookies, HTML5 local storage, pixel tags, web beacons, clear gifs, or other tracking/recording tools, including when your users or customers use Autopilot Convert features or services, interact with ads or other content within Autopilot Convert or on third-party sites or platforms. By using Autopilot Convert or interacting with our content on third-party sites, you agree that we and our service providers may set cookies on the applicable computer or device and use other tracking technologies described above.

4. Basis for Our Data Processing

BrightEdge processes Personal Information based on the necessity of such information for providing Autopilot Convert and for exercising and complying with our own legal rights and obligations in accordance with applicable law. We also need to process Personal Information in order to pursue legitimate business interests related to providing Autopilot Convert, but only when the processing is relevant, adequate, and limited to what is necessary and in a way that doesn’t unfairly impact the rights and freedoms of your users and customers. If you do not consent to the processing of Personal Information, please do not use Autopilot Convert. If any of your individual users or customers do not consent to the processing of Personal Information, you must not share those individual’s Personal Information with us or allow those individuals to use Autopilot Convert.

When you expressly consent to the processing of Personal Information, you may revoke your consent at any time by contacting us through the applicable Autopilot Convert features or directly using the contact information provided below. Some Personal Information may still be processed on the other legal bases provided above.

You represent and warrant that all Personal Information you provide us in connection with Autopilot Convert is collected by you in compliance with all applicable law, and that you have all necessary approvals and authorization from the individuals to whom the Personal Information relates, including a valid legal basis for sharing such information with us and authorizing our collection and processing of such information.

We have no obligation to monitor the compliance of your use of Autopilot Convert with applicable law, though we will inform you if, in our opinion, an instruction from you infringes applicable law.

Your configuration of any settings or options within Autopilot Convert (as you may be able to modify from time to time), constitute your complete and final instructions to us regarding the processing of sensitive Personal Information you provide us through Autopilot Convert.

5. How We Use and Process the Information We Collect

We use and process Personal Information in the following ways:

To help you better understand your customers and provide ability to personalize the outreach.
To provide, maintain and improve our products and services, including to operate certain features and functionality of Autopilot Convert;
To diagnose or fix technology problems;
To control unauthorized use or abuse of Autopilot Convert, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;
To analyze trends, administer or optimize Autopilot Convert, monitor usage or traffic patterns and gather demographic information about our user base;
To enhance the experience using Autopilot Convert;
To allow us to better respond to customer service needs and requests;
To communicate directly with you and your users and customers, including sending newsletters, promotions and special offers or information about new products and services. Opt-out options for promotional communications are described in “Controls and Choices” below; and
In the manner described to you at the time of collection or as otherwise described in these Privacy Terms or as authorized or required by applicable laws.

6. Sharing Personal Information with Third Parties

BrightEdge may share information, including Personal Information, in the following circumstances:

With third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with email, marketing, advertising our product/service offerings, fulfillment of orders, or providing, maintaining and improving the features and functionality of Autopilot Convert. For example, we may provide Personal Information to our service providers for powering email features within Autopilot Convert. We take reasonable steps to require that these third parties agree to process such information in accordance with our instructions and appropriate security protections. In addition, these third parties are authorized to use Personal Information only as necessary to provide services to us or as required by law. Acceptance of these Privacy Terms and use of Autopilot Convert is your consent to the data processing by our service providers.
With our parent companies, subsidiaries and affiliates for the same uses and purposes as noted in these Privacy Terms;
When we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary (a) to satisfy any applicable law, regulation, legal process or enforceable governmental request, including lawful requests by public authorities, for example to meet national security or law enforcement requirements, (b) to enforce our Terms of Use or other applicable policies or agreements governing use of Autopilot Convert, including investigation of potential violations thereof, or (c) to protect against imminent harm to the rights, property or safety of BrightEdge, its users or the public as required or permitted by law;
With third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud, security or technical issues; and
As we continue to develop our business, we may also sell all or part of our business. In such transactions, Personal Information collected by us is generally one of the business assets that will be transferred.

We may also share aggregated information related to Autopilot Convert with third parties for other purposes. Such information does not identify any you, your users or your customers individually, but may include usage, viewing and technical information we collected through our technology. If we are required under applicable law to treat such information as Personal Information, then we will only disclose it as described above. Otherwise we may disclose aggregated, non-identifiable information for any reason.

7. International Data Transfer

By using Autopilot Convert or otherwise providing Personal Information to us, you are consenting to have such Personal Information transferred to and processed in the United States or any other country in which BrightEdge or its parents, subsidiaries, affiliates and service providers maintain facilities. You will comply with all applicable laws relevant to use of Autopilot Convert, including by obtaining any consents and providing any notices required under applicable laws for us to provide Autopilot Connect. You will ensure that you are entitled to transfer the Personal Information to us so that we and our service providers may lawfully process the Personal Information in accordance with these Privacy Terms.

Subject to applicable laws, we make sure that necessary safeguards are in place to protect Personal Information, regardless of location, by ensuring appropriate technical, organizational and administrative security measures, and by entering into necessary legal contracts to fulfill these requirements. For example, we transfer European users’ personal data outside the European Economic Area only if a European Commission approved method of validating the transfer is in place between you and us.

8. Your Controls and Choices

Opt-Outs. We may provide you with the opportunity to “opt-out” of (a) disclosing Personal Information to third parties, except to a third party that is acting as a data processor to perform tasks on our behalf and under our instructions as described in “Sharing Your Information with Third Parties” above; (b) using Personal Information for a purpose that is materially different from the purpose for which it was originally collected or that you authorized. If you decide to opt-out, we may not be able to provide certain Autopilot Convert features to you.

Communication Preferences. You may opt-out of receiving certain types of promotional communications by following the instructions included in such communications. Please note, however, that even if you opt-out of promotional communications, we may still send you certain service-related communications.

Blocking Cookies. You can remove or block certain cookies using the settings in your browser but Autopilot Convert may cease to function properly if you do so.

9. Personal Information Rights

You and your users and customers have the right to:

Know what Personal Information BrightEdge has about you/them;
Ensure the Personal Information is accurate and relevant for the purposes for which BrightEdge collected it;
Make the Personal Information portable to another data controller;
Withdraw consent to BrightEdge processing the Personal Information; and
Have the Personal Information erased.

If you would like to review, correct, receive a copy of, or erase the Personal Information we have about you or withdraw your processing consent, please send us your request using the “Contact Information” below. Unless a legal exemption applies, we will respond to all such requests within thirty (30) days. If we refuse your request, we will notify you of our reasons for the refusal to the extent required and how you may complain about the refusal.

We will assist with your obligation to respond to individuals’ requests to access, correct, delete or exercise any other right related to their data available under applicable law. We will notify you about requests from individuals regarding their Personal Information to the extent permissible by law. We may decline to process requests that are unreasonably repetitive and vexatious, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.

10. Data Retention, Storage, and Security

We hold your and your users’ and customers’ Personal Information in a combination of hard copy and electronic files for the period necessary to support Autopilot Convert and our other services, comply with our legal obligations, resolve disputes, or otherwise fulfill the purposes outlined in these Privacy Terms. Even after you cancel your subscription, copies of information may remain viewable in some circumstances. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies. We do not always remove or delete all of your non-personally identifiable account information for a number of reasons including due to technical and systems constraints, contractual, financial or legal requirements.

11. Indemnification

You agree to indemnify and defend any claim, suit or governmental action brought against us or our affiliates by a third party arising from: (i) your instructions to us for processing Personal Information, (ii) our compliance with your instructions, (iii) your failure to use Autopilot Convert in accordance with the documentation and applicable law, (iv) your failure to use a security or data protection option that we provide, (v) your sharing of Personal Information with us without valid authorization of the individuals to whom such information relates, (vi) your use of Autopilot Convert in a manner that infringes the rights of any third party, or (vii) a breach of your representations and warranties in these Privacy Terms; (each a “Claim”). You agree to pay all costs and damages (including reasonable attorneys’ fees) attributable to a Claim.

12. Third Party Sites

Autopilot Convert may also contain links to third party websites. These Privacy Terms apply solely to information collected by BrightEdge. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of other websites.

If you submit Personal Information to any third party site, the information is governed by that site’s privacy policy.

13. Terms of Use, Notices, and Revisions

We reserve the right to revise, modify, or update these Privacy Terms at any time. We encourage you to refer to these Privacy Terms and the general Privacy Policy on an ongoing basis so that you understand our current privacy practices.

14. Contact Information

Our Privacy & Data Protection Officer is available to our customers, business partners, vendors or others who may have questions concerning these Privacy Terms or BrightEdge’s data practices. If you have questions or suggestions about these Privacy Terms, or to make any request described above, please feel free to contact us at privacy inquiries or by email/mail/fax directed to:

Privacy & Data Protection Officer
BrightEdge Technologies, Inc.
989 East Hillsdale Boulevard, Suite 300
Foster City, California 94404 USA

Email: privacy@brightedge.com
Fax: (650) 763-3894

EU – GDPR Contacts:
BrightEdge Technologies Limited
Company Number 08858492
1st Floor, The Cursitor Building
38 Chancery Lane
London WC2A 1LF
Attention: EU Data Representative