Brand Starter Kit
PRIVACY AND COOKIE POLICY
1. INTRODUCTION. Brand Starter Kit, Inc. (“Company”) respects your privacy. This Privacy Policy sets forth Company’s policy with respect to the types of information we may collect from you or that you may provide when you access or use the Brand Starter Kit software platform (“the Platform”).
This policy does not apply to any information collected by any other means, including information collected by third-parties or affiliates, including through any application or content that may be accessible or linked from the Platform.
If you do not agree with our Privacy Policy, your choice is to not use our Platform. By accessing or using this Platform, you agree to this Privacy Policy and the Terms of Service found here: [link to Terms of Service: https://brandstarterkit.com/terms]. This Privacy Policy may change from time to time and your continued use of this Platform after we make changes is deemed to be acceptance of those changes.
- 2. CHILDREN UNDER THE AGE OF 16. The Platform is not intended for children under 16 years of age. All Platform users must be at least 16 years of age. If we learn we have received information from a child under 16, we will delete the information. If you have reason to believe that a child under the age of 16 has provided personal data to us through the Platform or the Company’s services, please contact us and we will endeavor to delete the information from our database. If you have reason to believe that a user is under 16 years of age, notify the Company via email at hello@brandstarterkit.com Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information.
- 3. WHEN WE COLLECT INFORMATION FROM YOU. We collect data and process data when you access and use our Platform. When you create an account, purchase or use the Platform, we may ask you to provide certain information described herein.
- 4. WHAT TYPES OF INFORMATION WE COLLECT FROM YOU.
- A. Voluntary Information
- a. When you download, install, access or use the Platform or use our services, we collect certain types of information from you. This includes your name, email address, mailing address, phone number, credit card information, age, sex, marital status, race, nationality, or other information you provide to us.
- b. When you provide information to us, we collect certain information from you, such as information that you provide by filling in forms on our Platform or website, creating an account, or copies of your correspondence.
- c. You may also provide information to be published or posted on public areas of the Platform (“User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.
- B. Automatic Data Collection
- a. We also collect information automatically through cookies and other tracking technologies such as information about your internet connection, your IP address, traffic and location data, logs and other information. The information we automatically collect helps us to improve our Platform and deliver a better service.
- b. As you navigate through and interact with our Platform, including when you access or use the Platform, we may use automatic data collection technologies to collect certain information about your device and your browsing and usage activity and patterns, including: traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Platform.
- c. We may collect information about your device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number, if applicable.
- d. The Platform also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
- e. The Platform does not collect real-time information about the location of your device.
- 5. HOW WE COLLECT INFORMATION FROM YOU. The data controller is the Company. The technologies we use for automatic data collection may include:
- A. Cookies. A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting, you may be unable to access certain parts of our Platform.
- B. Web Beacons. Pages of our Platform may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the company to access certain website statistics.
- C. Meta Pixels. Pages of our Platform may contain Meta Pixels. A Meta Pixel is an invisible code snippet that Platform owners may use to track user actions, gather insights, and target advertisements. It's used to identify visitors and serve them ads when logged on to Meta-owned platforms like Facebook and Instagram. By using the Platform, you consent to the Company's use of Meta Pixels.
- D. You may refuse to accept cookies by activating the appropriate setting in your browser, but if you do, you may not be able to access certain parts of our Platform or services. We also use flash cookies or web beacons for automatic data collection. You may also provide information that is public or displayed on public areas of the 3 Platform, or transmitted to other users of the Platform or third parties (“User Content”). Your User Content is transmitted to others at your own risk.
- 6. HOW WE USE YOUR INFORMATION. We use information that we collect about you or that you provide to us, including any personal information, to:
- A. Provide you with the Platform and its contents, and any other information, products, or services that you request from us;
- B. Fulfill any other purpose for which you provide it;
- C. Give you notices about your account, including expiration and renewal notices;
- D. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- E. Notify you when Platform updates are available, and of changes to any products or services we offer or provide through it.
- The usage information we collect helps us to improve our Platform and to deliver a better and more personalized experience by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Platform according to your individual interests and recognize you when you use the Platform.
- We use your information to understand and store information about visitor’s preferences, to compile aggregate data about site traffic and site interactions, to provide you with information, products, or services that you request from us or that we think you may like, to provide you with notices about your account for customer support, for marketing purposes, and in any other way we describe when you provide information to us. We do not use automated decision-making in processing your personal information for some services and products. You can request a manual review of the accuracy of an automatic decision-making process if you are unhappy with it. We do not sell personal information or consumer data for monetary gain or valuable consideration.
- 7. THIRD PARTY DISCLOSURES. Some content on the Platform may be served by third parties, such as advertisements. We do not control third parties’ tracking technologies. You should consult the privacy policies of any such third party for more detailed information on their practices. Our Platform may contain links to other websites, software or applications. Our Privacy Policy applies only to our Platform, so if you click on a link to another website, you should read their privacy policy.
- 8. HOW WE DISCLOSE YOUR INFORMATION.
- A. We may disclose aggregated information about our users and information that does not identify any individual without restriction.
- B. We do not disclose personal information that we collect or you provide as described in this Privacy Policy to third parties.
- C. We may also disclose your personal information to comply with any court order, law, or legal process.
- D. We use your provided data to prevent fraudulent purchases by sharing your data with credit reference agencies.
- E. We will release information when it is appropriate to comply with the law or enforce our site policies.
- F. Do Not Track Policy: We honor Do Not Track (“DNT”) browser settings. We do not track your online browsing activity on any other online service.
- G. We do not transfer personal data collected from you to third party processors located internationally. Please be aware that such countries may not have the same level of data protection; however, our collection, storage and use of your personal data will continue to be governed by this Privacy Policy.
- 9. HOW WE DISCLOSE YOUR INFORMATION.
- A. Company has implemented measures designed to secure your personal information from accidental loss and unauthorized access, use and disclosure. These security measures include:
- a. All payment information is encrypted.
- b. All information you provide to us is stored on our secure servers behind firewalls.
- c. We use regular Malware Scanning.
- d. No transmission over the internet or email is completely secure or error free. Please keep this in mind when disclosing personal information over the internet.
- B. We will keep your data for [10] years. Once this time period has expired, we will delete your data.
- 10. YOUR CALIFORNIA PRIVACY RIGHTS.
- A. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.
- B. Under the CCPA, California residents have the right to opt-out of the sale of personal information about them or their household, such as their name, postal or email address, and other personal identifying information. The right is subject to certain exceptions. For example, it does not apply to information that we share with certain third-party service providers so they can perform business functions for us or on our behalf. You may opt out by emailing hello@brandstarterkit.com
- C. In the preceding twelve months, we have not sold personal information. Our policy is that we do not and will not sell your personal information, unless you give us your consent or direct us to do so.
- 11. YOUR STATE PRIVACY RIGHTS. State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas Utah, and Virginia provide their state residents with rights to:
- A. Confirm whether we process their personal information;
- B. Access and delete certain personal information;
- C. Correct inaccuracies in their personal information;
- D. Data portability
- E. Opt-out of personal data processing or limit or require consent to process sensitive personal data
- F. The exact scope of these rights may vary by state. To exercise any of these rights, please contact Company.
- 12. RIGHT TO OPT OUT. You have agreed to receive marketing material from the Company and have consented to the Company disclosing your information to third parties for marketing purposes. You may opt out at any time. If you no longer wish to be contacted for marketing purposes, please email hello@brandstarterkit.com with the subject line: opt out.
- 13. YOUR DATA PROTECTION RIGHTS.
- A. The Right to be Informed: This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
- B. The Right to Access: This is your right to see what data is held about you by a Data Controller.
- C. The Right to Rectification: You have the right to have your data corrected and amended if what is held is incorrect in some way. You can request that we correct any information that you believe is inaccurate or request that we complete information that you believe is incomplete.
- D. The Right to Erasure: Under certain circumstances, you can ask for your personal data to be deleted. This is also called “The Right to be Forgotten.” This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
- E. The Right to Restrict Processing: This gives you the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
- F. The Right of Portability: You have the right to ask for any data supplied directly to the Data Controller by you, to be provided in a structured, commonly used, and machine-readable format. You may request copies of your personal data from us. You may request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. We may charge a small fee for this service or for any copies requested.
- G. The Right to Object: You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
- H. Rights in Relation to Automated Decision-Making and Profiling: You have the right not to be subject to a decision based solely on automated processing.
- I. Right Not to be Subject to Discrimination for the Exercise of Rights: The Company will not refuse goods or services to individuals who exercise their consumer rights.
If you would like to exercise these rights, please contact us at hello@brandstarterkit.com
- 14. CHANGES TO PRIVACY POLICY. The date the Privacy Policy was last revised is identified on the first page of the Privacy Policy. We reserve to update this policy and if we make material changes to how we treat our users’ personal information, we will notify you by email. You are responsible for periodically visiting our Platform and Privacy Policy to check for any changes.
- 15. CONTACT. You may send us an email to inquire about our Privacy Policy or to request access to, correct or delete any personal information that you have provided to us at:
- You may reach our Data Protection Officer by sending an email to hello@brandstarterkit.com
- 16. COMPLAINTS. Should you wish to report a complaint or if you feel that our Company has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s office (if an individual located in the United Kingdom) or the European Data Protection Board.
- 17. INDIVIDUALS LOCATED WITHIN THE UNITED KINGDOM.
- A. Restricted Transfers: Our Company may make a restricted transfer if the receiver is located in a third country or territory or is an international organization, covered by UK “adequacy regulations.” If there are no adequate 7 regulations about the country, territory or sector for the restricted transfer, our Company should then find out whether you can make the transfer subject to ‘appropriate safeguards’ as listed in the UK GDPR. Before we rely on an appropriate safeguard to make a restricted transfer, we must be satisfied that the data subjects of the transferred data continue to have a level of protection essentially equivalent to that under the UK data protection regime. We do this by undertaking a risk assessment, which takes into account the protections contained in that appropriate safeguard and the legal framework of the destination country (including laws governing public authority access to the data). If our assessment is that the appropriate safeguard does not provide the required level of protection, we will include additional measures. Appropriate safeguards may be: (1) A legally binding and enforceable instrument between public authorities or bodies; (2) binding corporate rules as defined in Article 47 of the UK GDPR; (3) a contract incorporating standard data protection clauses recognized or issued in accordance with the UK data protection regime; (4) a code of conduct approved by the ICO; (4) Certification under an approved certification scheme; (5) a bespoke contract governing a specific restricted transfer which has been individually authorized by the ICO; or (6) Administrative arrangements between public authorities or bodies. If none of the criteria above apply for the transfer, we may still make the transfer if the transfer is covered by an ‘exception’ set out in Article 49 of the UK GDPR.
- B. CHILDREN UNDER THE AGE OF 13: All Platform users located in the United Kingdom must be at least 13 years of age. If we learn we have received information from a child under 13, we will delete the information. If you have reason to believe that a child under the age of 13 located in the United Kingdom has provided Personal Data to us through the Platform or Services, please contact us and we will endeavor to delete the information from our database. If we learn a user is under 13 years of age, we will not disclose any personal information to any third parties unless the user has given opt-in consent. If you have reason to believe that a user is under 13 years of age, notify the Company in order to prevent disclosure of any personal data without opt-in consent.
