Privacy Policy

Updated January 3, 2017

Blackfynn Inc. ("Blackfynn," "we," "us," or "our") is strongly committed to protecting and respecting your privacy rights. This privacy policy (the "Privacy Policy") relates to the information collection and use practices of Blackfynn in connection with our online offerings made available to you through our website located at www.blackfynn.com (the "Site") and, if you are a Subscriber, use of our Data Management Platform (the "Platform").

DESCRIPTION OF USERS AND ACCEPTANCE OF TERMS

This Privacy Policy applies to: 1) visitors to the Site who view publicly-available content we have posted on the Site (each a "Visitor"), and 2) any subscriber who has signed up to access and use our proprietary Platform (each a "Subscriber").

By visiting our Site, each Visitor is agreeing to the terms of this Privacy Policy and the accompanying Terms of Service.

By signing up, accessing, and/or using the Platform, each Subscriber is agreeing to the terms of this Privacy Policy and the accompanying Terms of Subscription Agreement ("TSA").

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use (when such term concerns Visitors), or the TSA (when such term concerns Subscribers).

The Information We Collect and/or Receive

In the course of operating the Site and the Platform and/or interacting with you, Blackfynn will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information and assume contractual responsibility for obtaining all consents as required under applicable laws and regulations.

1. CONTACT INFORMATION

When you contact us through the "Contact Us" page, or sign up to become a Subscriber, you will be asked to provide certain information which may include first name, last name, e-mail address, job title, name of your organization, country, state/region and phone numbers (cell and/or landline, fax) ("Contact Information"). The Contact Information is used to provide the requested Platform service or information, and to contact subscribers and visitors for purposes of direct marketing of our current and future services.

2. BILLING INFORMATION

In order to purchase a subscription to our Platform, you will be required to provide certain additional information which may include a credit card number, expiration date, billing zip code, activation code, and similar information ("Billing Information"). Billing Information is collected and processed by our third-party payment processor operating as our agent (See, Onward Transfers to Third Parties). Blackfynn does not directly obtain or process any Billing Information.

3. DATA

In using the Platform, Subscribers may provide us with Data (as defined in the TSA). We use the Data in accordance with the terms and conditions of the TSA. You agree to remove or anonymize all Sensitive Personal Information (as defined in the TSA) before transferring any Data to us. You agree not to upload and/or collaborate on, unless otherwise agreed to by us, Protected Health Information ("PHI") Data as defined under the Health Insurance Portability and Accountability of 1996 Act as amended ("HIPAA"); Blackfynn disclaims all liability for such PHI.

4. OTHER INFORMATION

In addition to the Contact Information and the Data, we may collect or receive the following information:

From Your Activity. In an ongoing effort to improve the Site and the Platform, we automatically collect certain information when Visitors visit the Site and when Subscribers use the Platform. This information consists of IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Site Visitors visit, and similar information concerning your use of the Site and the Platform ("Activity Information").

From Cookies. We also collect Activity Information by using "cookie" technology. Cookies are small packets of data that a website stores on the hard drive of your computer or mobile device to "remember" information about your visit. We may use session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer/device until you delete them). If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Site and the Platform may not function properly. For more information on how we use cookies, please read our Cookie Policy.

Analytics and Remarketing. We use one or more third–party analytics services (such as Google Analytics) to evaluate your use of the Site and the Platform, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Site you visit, number of links clicked while on the Site, search terms and other similar usage data), and analyze performance metrics. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Site and/or the Platform, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Site or the Platform.

For Google Analytics, please visit: https://www.google.com/analytics

Aggregate Data. In an ongoing effort to better understand our users and the Site, we may analyze your information in aggregate form to operate, maintain, manage, and improve the Site. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our Service and the Site to current and prospective business partners and to other third parties for other lawful purposes. Additional Uses. We also use Contact Information, Data (as set forth above) and other information collected pursuant to this Privacy Policy to respond to general inquiries, solicit feedback regarding our Services, provide relevant content on our Site, and to communicate with you via email regarding our current and future Services.

ONWARD TRANSFER TO THIRD PARTIES

Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting services; database management/back-up services; and payment processors. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this Privacy Policy and implemented by Blackfynn. You may opt out of having your personal information transferred to any or all of our categories of agents by emailing the instructions to privacy@blackfynn.com. Please allow us a reasonable time to process your request.

OPT-IN TO CERTAIN ONWARD TRANSFERS

We will not transfer your personal information to a third party acting as a controller without first providing you with information regarding the identity of such controller or the nature of such controller’s business, and obtaining your opt-in consent.

We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. You may grant such consent by contacting us at privacy@blackfynn.com. In each instance, please allow us a reasonable time to process your response.

BUSINESS TRANSFER

In the event of a merger, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.

DISCLOSURES TO PUBLIC AUTHORITIES

We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

OPT-OUT FOR DIRECT MARKETING

You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to this email address: privacy@blackfynn.com. Please allow us a reasonable time to process your request.

HOW WE PROTECT YOUR INFORMATION

Blackfynn takes reasonable and appropriate security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations. You acknowledge that no internet transmission is 100% secure or error-free. In particular, e-mail sent to or from the Site and/or the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail or other electronic means. Where Blackfynn has given you a username and/or password which enables you to access certain parts of the Blackfynn Site, you are responsible for keeping such username and/or password confidential.

LINKS TO THIRD PARTY SITES

The Site may, from time to time, contain links to external websites. Blackfynn encourages you to review the privacy and security policies of any externally linked websites that may be accessed through the Site. Blackfynn assumes no responsibility or liability for the information, collection and disclosure practices of any external websites that a user can access through the Site. Please check the privacy policies of these external websites before you submit any Personally Identifiable Information or other information to them.

ACCESS TO PERSONAL INFORMATION

We acknowledge the individual’s right to access their personal data. Upon request to privacy@blackfynn.com, we will provide you with confirmation as to whether we are processing your personal information, and have the data communicated to you within a reasonable time. You have the right to access, correct, amend or delete your personal information where it is inaccurate or has been processed in violation of this Privacy Policy. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.

YOUR CHOICES

Should you choose to unsubscribe from any mailing lists for which you registered, you may do so by following the instructions on how to unsubscribe provided in all Blackfynn communications.

RETENTION OF PERSONAL INFORMATION

We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.

IMPORTANT NOTICE TO ALL NON-U.S. RESIDENTS

Our servers are located in the US. If you are located outside of the US, please be aware that any information provided to us, including personal information, will be transferred from your country of origin to the US. Your decision to provide such data to us is solely your choice, constitutes your consent to this data transfer, and you agree that you are solely responsible for any liabilities arising from such data provision.

Blackfynn is subject to the investigatory and enforcement powers of the Federal Trade Commission.

Blackfynn commits to seek to address any complaints about your privacy arising from our collection or use of your personal information in a manner consistent with EU-US Privacy Shield Principles. EU individuals with inquiries or complaints regarding this Privacy Policy should first contact Blackfynn at privacy@blackfynn.com.

CALIFORNIA PRIVACY RIGHTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Blackfynn via email at privacy@blackfynn.com.

Blackfynn does not monitor, recognize or honor any opt-out or do not track mechanisms including general web browser, "Do Not Track" settings and/or signals.

ABOUT CHILDREN

Blackfynn does not knowingly collect information from children under the age of 13 through the Site and/or the Platform. If you are under the age of 13, please do not provide any information through the Site and/or the Platform. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children to never provide any information on this Site or any other web site without their permission. If you have reason to believe that a child under the age of 13 has provided information to Blackfynn through the Site and/or the Platform, please contact us using the information in the Contact Us section of the Site, and we will endeavor to delete that information from our databases.

UPDATES

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any such changes on the Site as soon as they go into effect. By accessing the Site or the Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

CONTACT US

If you have any queries about the privacy statement or to report a privacy issue, please contact us in one of the following ways:

Email: privacy@blackfynn.com

Telephone: 267-455-0088

Or write to us at: Blackfynn Inc., 121 South Broad Street, 5th Floor, Philadelphia, PA 19106

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