BRIGHTEDGE PRIVACY POLICY

Effective July 24, 2024

BrightEdge Technologies, Inc. (“BrightEdge,” “we” or “us,”) is committed to transparency.  This Privacy Policy is intended to help you clearly and easily understand:

• Who is collecting your information;
• What information is being collected;
• How your information is collected;
• How your information will be used, processed, and shared;
• Your personal information rights and how you can control your information; and
• How long your information will be retained.

1. What This Privacy Policy Covers

In this Privacy Policy, we describe how BrightEdge collects, uses, discloses and otherwise processes the personal information described in this Privacy Policy, as well as the rights and choices individuals have regarding such personal information. 

Our Site and Content. This Privacy Policy applies to the personal information we collect and process: (A) related to our website located at www.brightedge.com (including any mobile or localized version of the website) and the services and features we make available through our website, as well as any other BrightEdge-owned sites or online services that display this Privacy Policy (collectively, the “Site”), and (B) through the content we publish or make available on third-party sites or platforms.  Your use of our Site, and any dispute over privacy, is subject to this Privacy Policy, as well as our Terms of Use and all other policies or notices posted by us on the Site (collectively, the “Site Terms”). If you do not agree to the Site Terms or this Policy, you may not use our Site. 

Our Services. In addition, BrightEdge provides our enterprise customer an integrated Search Engine Optimization (“SEO”) management technology platform that processes and indexes data to generate actionable insights for our customers to help improve website ranking and performance on search engines, along with associated products and services (collectively, the “Services”).  In providing our Services to enterprise customers, BrightEdge may receive or access data from or on behalf of our customers that includes usage and performance data related to customers’ sites and online content and services (“Customer Data”). In most cases, Customer Data includes aggregate and non-identifiable data such as how often certain content was viewed and common search terms. To the extent Customer Data includes any personal information, BrightEdge acts as a ‘processor’ of such data and will only process it on behalf of the relevant customer (the ‘controller’), in accordance with the terms of our agreement with that customer.  Our customer agreements may include specific information use provisions that are different from or more restrictive than those described within this Privacy Policy.  Please refer to your individual agreement with BrightEdge to check for any specific information privacy terms that may also apply to the information you provide to us by using the Service.

2. Types/Categories of Information We Collect

We collect the following types of information:

• Your username, first and last name, email and/or postal address, telephone number or other information that, alone or in combination can be used to identify you (“personal information”) that you provide when you create an account or fill out a form on the Site;
• Usage, viewing and technical data automatically collected from your computer or device through cookies and other technologies (described below), such as your device identifier or IP address, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data;
• Comments or other information you post on the Site;
• Location information when you visit the Site, including location information provided by a computer or device interacting with the Site. Location information is only used for security, monitoring, and troubleshooting purposes (most devices allow you to turn off location services); and
• Information we collect when you interact with our content on the Site 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 you viewed or interacted with our content.
• Your interactions with our Site and the features we provide on our Site and the input or content you communicate or submit through our Site (e.g., in chats and searches).

Customer Data.  As noted, we may also access or receive Customer Data that includes content, performance and usage data about our customers’ sites and services. We do not control the collection, use or disclosure of this information, which is subject to the privacy policies of our respective customers. As noted, we will only use Customer Data in accordance with the terms of our customer agreements.

Information from Other Sources. We might receive information about you from other sources and add it to your account information.  Such information may include contact information from business information database providers, which we use to update and correct our records, and search term and search result information from internet searches conducted by our data licensors.

Special Categories of Personal information.  We do not collect from users or process (a) the special categories of personal information defined by the European Union (“EU”) General Data Protection Regulation (“GDPR”); or personal information relating to criminal convictions or offenses.  The Site and SEO Platform are not meant for the processing of sensitive personal information.  Please do not send us, and do not disclose, any sensitive personal information (such as information related to racial or ethnic origin, religion or other beliefs, health, criminal background or trade union membership) on or through the Site or otherwise, as BrightEdge has no intentions of processing such sensitive personal information. 

3. How We Collect Information

As further described below, we may collect personal information about you directly, as well as from others. We may also collect or derive information about you and your use of the Site, which may be personal information.

We and our third-party service providers who provide Service functionality, may collect information about you in the following ways:

• When you request products, services, or information from us, fill out a form, or otherwise interact with us through the Site;
• When you contact us separately by email or telephone;
• From third-party sources, to update or supplement the information you provide or that we collect automatically, including utilizing business information databases and platforms for additional updated account information;
• Automatically through technology such as cookies, pixel tags,  and other tracking/recording tools on our Site, some of which are provided by third party providers.  We may use these to track when you click on a link to visit the Site, interact with our ads or other content on the Site or on third-party sites or platforms, or open the emails we send. By using the Site or interacting with our content on third-party sites, you agree that we and our service providers may set cookies on your computer or device and use other tracking technologies described above. Please see the sections entitled “Explanation of Cookies and Other Technologies” and “Your Controls and Choices” for additional information regarding these tracking technologies and your choices.
• BrightEdge and our service providers may also deliver artificial intelligence (“AI”) and generative AI capabilities to analyze data, determine trends, make predictions and create AI-generated responses or other content; when you interact with these features and content, we may collect and use your input data to further refine and develop our models and tools.

We may also receive or access Customer Data, such as performance and usage metrics, that our customers have collected through their websites and online services.  Our customers are responsible for providing notices, obtaining consent and complying with consumer opt out and other choices regarding the performance and usage data that they collect through their respective sites and online services.  We only use Customer Data in order to provide our Services to the relevant customer and in accordance with the terms of our customer agreement.

4. Aggregate and Non-identifiable Data

We may also derive, use and disclose aggregate, anonymous, and other non-identifiable data related to our business, our Site and the Services in order to develop and improve our Site, Service and related features and for quality control, analytics, modeling and other purposes. Where we use, disclose or process deidentified data (i.e., data that is no longer reasonably linked or linkable to an identified or identifiable natural person or household) we will maintain and use the information in deidentified form and not to attempt to reidentify the information, except in order to determine whether our deidentification processes are reasonable and adequate or where necessary to comply with a legal obligation. 

5. How We Use and Process the Information We Collect

We use and process the personal information in the following ways:

• To provide, maintain and improve the Site and our products and services, including to operate certain features and functionality of the Site (for example, by remembering your information so that you will not have to re-enter it on subsequent visits, or to verify your identity);
• To diagnose or fix technology problems;
• To control unauthorized use or abuse of the Site and our products and services, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;
• To analyze trends, administer or optimize the Site, monitor usage or traffic patterns (including to track users’ movements around the Site) and gather demographic information about our user base as a whole, and for other or internal reporting and business modeling purposes;
• To enhance your experience as a user visiting the Site;
• To allow us to better service you in responding to your customer service needs;
• To communicate directly with you, including sending you newsletters, promotions and special offers or information about new products and services. Your opt-out options for promotional communications are described in “Your Controls and Choices” below; and
• In the manner described to you at the time of collection or as otherwise described in this Privacy Policy or as authorized or required by applicable laws.

7. International Data Transfer

We may from time to time transfer or disclose your Personal Information to recipients in other countries outside the United States and make it accessible to our parents, subsidiaries, affiliates and third party service providers internationally in the circumstances described in “Sharing Your Information with Third Parties” above. By using the Site or otherwise providing Personal Information to us, you are consenting to have your 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.

EU - U.S. and UK Extension to the EU-U.S. and Swiss-US Data Privacy Framework. BrightEdge participates in and has certified its compliance with the EU-U.S. Data Privacy Framework (the “EU DPF”) and the UK Extension to the EU-U.S. DPF, and Swiss-US Data Privacy Framework (the “Swiss DPF”) (together, the EU DPF and the UK Extension to the EU-U.S. DPF, and the Swiss DPF are the “DPF” or the “Framework”), administered by the U.S. Department of Commerce. Pursuant to its certification (the “DPF Certification”), BrightEdge is committed to handling all personal information that is receives from EU member states and UK and Switzerland in reliance on its DPF Certification, in accordance with the applicable DPF Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability (the “Principles”).  With respect to personal information received or transferred pursuant to the DP Framework, BrightEdge is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

If there is any conflict between this Privacy Policy and the Principles, the Principles shall govern.  You can find BrightEdge’s DPF Certification here. You can also learn more about the DP Frameworks at www.dataprivacyframework.gov.   

Transfer and Enforcement Mechanisms for EU - U.S. and the UK Extension to the EU-U.S. DPF, and Swiss – U.S. DPF. BrightEdge may be accountable for the processing of personal information it receives, under the DP Framework, and may subsequently transfer data to a third party acting as an agent on its behalf in the circumstances described in “Sharing Your Information with Third Parties” above.  If the agent processes personal information in a manner inconsistent with the DPF Principles, we are responsible if it does so and for the harm caused. BrightEdge complies with the DPF Principles for all onward transfers of personal information from the EU or UK or Switzerland, including the onward transfer liability provisions. With respect to personal information received or transferred pursuant to the DP Framework, BrightEdge is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

In compliance with the DPF Principles, BrightEdge commits to resolve complaints about our processing of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our DPF policy should first contact BrightEdge as indicated in “Contact Information” below.  When you contact us with a complaint, please include contact information and clearly describe your complaint.  We will respond to your request or complaint within a reasonable time and will let you know next steps in resolving your complaint. 

As part of our participation in the DP Framework, BrightEdge will resolve your dispute regarding our privacy policies and practices through JAMS, an alternative dispute resolution provider located in the United States. If you still have privacy or data use concerns that we have not addressed satisfactorily, please contact JAMS (free of charge) directly at https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. If your complaint is not resolved through these channels, under certain circumstances a binding arbitration option may be available before a DPF Panel, as described in Annex I to the DPF Principles (please visit: DDF Principles). Additionally, as part of the DP Framework, the U.S. State Department Senior Coordinator serves as the Ombudsperson to facilitate the processing of requests relating to national security access to data transferred from the EU to the U.S. or the UK to the U.S. or Switzerland to the U.S.

BrightEdge complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. BrightEdge has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. BrightEdge has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

8. Your Controls and Choices

Opt-Outs. We may provide you with the opportunity to “opt-out” of (a) disclosing your personal information to third parties, except to a third party that is acting as an agent to perform tasks on our behalf and under our instructions as described in “Sharing Your Information with Third Parties” above; (b) using your 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 features of the Site to you.

Communication Preferences. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in such communications or on the Site. 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 the Site may cease to function properly if you do so.

Controlling Flash Cookies. To manage the Flash cookie settings and preferences for your computer, please click here and you will be directed to the Settings Manager on Adobe's website. You may also be able to manage Flash cookies from your browser, depending on the version of your browser.

Deleting Other Browser Information.  Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls. 

9. Your Personal Information Rights

Pursuant to the DPF Principles, the EU GDPR, and other applicable privacy laws, you have the right to:  

• Know what Personal Information BrightEdge has about you;
• Ensure your Personal Information is accurate and relevant for the purposes for which BrightEdge collected it;
• Make your Personal Information portable to another data controller;
• Withdraw your consent to BrightEdge processing your Personal Information; and
• Have your 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 ask individual users to identify themselves and to specify the information requested to be accessed, corrected, or erased before processing such requests, and 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. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.  However, we will not charge you for the making of the request or to correct, update, or erase your Personal Information.

10. Data Retention, Storage, and Security

We hold your Personal Information in a combination of hard copy and electronic files for the period necessary to support the Site, comply with our legal obligations, resolve disputes, or otherwise fulfill the purposes outlined in this Privacy Policy.  Even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services.  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.

The security of your Personal Information is important to us.  We use physical, electronic, and procedural safeguards to protect your Personal Information.  We have implemented information security best practices throughout our organization, and we are ISO 27001 certified.  When you enter confidential information (such as your password), we may encrypt that information using secure socket layer technology (SSL-encryption).  To learn more about such technology, go to https://en.wikipedia.org/wiki/Secure_Sockets_Layer.  However, no method of transmission over the Internet, method of electronic storage, or other data security methods are one hundred percent secure and we cannot guarantee the security of the information you provide.

If BrightEdge learns of a security breach that may affect your data, we will notify you electronically so that you can take appropriate protective steps.  We may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the Site.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.  If you are a EU resident, you will receive, without undue delay, a Personal Information breach notification if such breach is likely to result in a high risk to the rights and freedoms of natural persons, or as otherwise required under EU GDPR.  To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) please email privacy@brightedge.com.

11. Children’s Information 

This Site is not intended for use by anyone under the age of 13 nor does BrightEdge knowingly collect or solicit Personal Information from anyone under the age of 13.  In the event we confirm that we have collected Personal Information from someone under the age of 13, we will delete that information.  If you believe we have any information from a child under 13, please contact us using the contact details in “Contact Information” below.

12. Third Party Sites

The Site may also contain links to third party websites.  This Privacy Policy applies 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, your information is governed by that site’s privacy policy.  We encourage you to familiarize yourself with the privacy policies of such websites to determine how they handle any information separately collected from you.  Please be aware that we do not warn you when you have chosen to click through to another website or property when using the Site.

13. Explanation of Cookies and Other Technologies

This section provides more information about some of those technologies used on our Site and how they work.

Pixel Tags and Similar Technologies. Pixel tags, web beacons, and clear gifs can be embedded in web pages, videos, or emails and allow a web server to read certain types of information from your browser, check whether and when you have viewed a particular web page or email message, and determine, among other things, the IP address of your computer and the URL of the web page from which the pixel tag was viewed.

Flash Cookies. A “Flash Cookie” (also known as Local Shared Object) is a data file stored on a computer or device by the websites that you visit (click here for more details). From time to time, the Site may use Flash Cookie(s), for example, to enable or control Flash-based content.  Flash Cookies provide similar functionality as the cookies discussed above but are based on different technology.

HTML5 Storage. HTML5 local storage is similar to the cookies discussed above in that it is stored on a computer or device and can be used to store certain information about your activities and preferences. However, these objects are stored in different parts of your computer or device from ordinary browser cookies.

Third Party Analytics Tools and Data

Our Site uses third party analytics tools that include may include cookies, pixels and similar tools, including Google Analytics, which is operated by Google, Inc. Google Analytics uses cookies and pixels to collect usage data our Site in order to provide us with reports and metrics that help us to evaluate usage of our Site and improve performance and user experiences. You may review and control cookies on our Site (including analytics cookies) as discussed below.

BrightEdge customers may also provide us with access to aggregated usage data and site metrics that have been collected by customers through their sites and online services using third party analytics tools.  For example, our customers may provide us access aggregate usage and metrics they have collected on their respective sites, and we may access this data using Google API Services. Our customers are responsible for complying with notice, consent and choice requirements related to their collection, use and disclosure of site usage and metrics data; we will only process this data in order to provide our Services to the relevant customer and in accordance with the terms of our customer agreement. Further, BrightEdge will only use and transfer the Customer Data that it receives via Google APIs as permitted by the Google API Services User Data Policy, including the Limited Use requirements.  

You can download the Google Analytics Opt-out Browser Add-on to prevent Google Analytics from using your data collected on our Site and on other sites: https://tools.google.com/dlpage/gaoptout.

14. Use of Google Analytics (GA4) Data
BrightEdge may access Google Analytics (GA4) data only after a user explicitly authorizes access through Google OAuth.

This data is used solely to display analytics and performance insights within the BrightEdge application and to support core product functionality.

Google user data is not used for advertising, marketing, profiling, resale, or sharing with third parties, and access is limited to the minimum scopes required for app functionality.

15. Terms of Use, Notices, and Revisions

Please also see our Terms of Use, which describe the restrictions, disclaimers, indemnification and limitation of liability governing the use of the Site. 

We reserve the right to revise, modify, or update this Privacy Policy at any time.  We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current privacy practices.  Unless stated otherwise in a separate agreement or privacy statement, this Privacy Policy applies to all information that we have about you.  We may also issue specific information collection and/or privacy notices from time-to-time relating to particular products or services. 

16. Notice to California Residents: Your California Privacy Rights

California Civil Code Section 1798.83 permits customers who are California residents to request that BrightEdge not share their personal information with third parties for such parties’ direct marketing purposes.  To make such a request, please send an e-mail with “California Privacy” in the subject line to privacy@brightedge.com or write to us at the address listed below.  Please note that even if you do choose to opt-out, we may still share your personally identifiable information with third-parties for purposes other than direct marketing, such as for completing a requested transaction or any other non-direct marketing purposes permitted under this Privacy Policy.

17. Accessibility

Anyone with a disability and/or accessibility issues impacting their ability to fully access or read this Privacy Policy may contact us at privacy inquiries or by email/mail/fax to our Privacy and Data Protection Officer per the contact information provided in Section 16 above, to request and obtain an alternative format of the Privacy Policy.

18.   Contact Information

Our Privacy & Data Protection Officer is available to our customers, business partners, vendors or others who may have questions concerning this Privacy Policy or BrightEdge’s data practices. If you have questions or suggestions about this Privacy Policy, 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.
3 East Third Avenue, Suite 200
San Mateo, California 94401 USA

Email: privacy@brightedge.com