September 11, 2024
BrandKlout, Inc. (“BrandKlout,” “we,” or “us”) respects your privacy. This Privacy Policy describes the types of information we may collect from you when you visit our website at www.BrandKlout.com, platform.BrandKlout.com, or any subdomain of any of the foregoing, or any related desktop or mobile applications, including any content or functionality offered on or through any of the foregoing (the “Site”), or when you access or use the services we make available on the Site (collectively, the “Service”), whether as a guest, a registered user, or a client of a registered user. This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing such information.
This Privacy Policy applies to information we collect on the Site, in email, text, or other electronic messages between you and the Site, and through your access to or use of the Service through the Site. It does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party, nor to information collected by any other third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site or Service.
Please read this Privacy Policy carefully before you start to use the Site or Service to understand our policies and practices regarding how we treat your information. By accessing or using the Site or Service or by accepting (including by clicking to accept or agree when the option is made available to you) any BrandKlout terms and conditions that incorporate this Privacy Policy, you accept and agree to be bound and abide by this Privacy Policy. If you do not agree with any terms of this Privacy Policy, you may not access or use the Site or Service for any purpose.
This Privacy Policy may change from time to time (see Updates to Our Privacy Policy, below). Your continued use of the Site or Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect
Types of Information
When you access the Site or use the Service, we collect certain information about you including:
Information Sources
We may collect this information from various sources including:
User Contributions
You may provide information to be published or displayed on the Site or transmitted to other users of the Site or third parties (collectively, "User Contributions"). Your User Contributions are transmitted to others at your own risk. We cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automated Collection
When you navigate through and interact with the Site, we may use automatic data collection technologies to collect Personal Information and/or Communications Data.
In addition, we use third-party web analytics services to help us understand your use of the Site and the popularity of certain content so we can improve your experience. For more information on our use of third-party analytics services, see Third Party Providers below.
In some cases, information we collect automatically is statistical data that does not include personal information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. To the extent that we associate any of this non-personal information with your Personal Information, we will treat it as Personal Information under the terms of this Privacy Policy.
Cookies and Other Tracking Technologies
Technologies we use for automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. Pages of our Site and our emails may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Some content or applications on the Site are served by third parties, including content and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site.
The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly.
How We Use the Information We Collect
We may use information we obtain about you, or that you provide to us:
We may also use your information to contact you about our goods and services or third-party goods and services that may be of interest to you. If you do not want us to use your information in this way, please email support@brandklout.com .
For more information, see Your Choices.
How We Share Your Personal Information
We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction.
We may disclose Personal Information that we collect or you provide (as described in this Privacy Policy):
Third Party Providers
Without limiting the foregoing, we may also employ third party companies and individuals to facilitate our Site and to process data, perform Site-related services, or to assist us in analyzing how the Service is used (collectively, “Third Party Providers”).
These Third-Party Providers may have access to your Personal Information for purposes of performing these tasks on our behalf and may have the right to retain and use Personal Information or other information through performance of these tasks on an aggregated and de-identified basis in accordance with the terms of the applicable Third-Party Provider’s privacy policy. We advise you to review the privacy policies of the Third Party Providers, but note that we have no control over and assume no responsibility for the content, privacy policies or practices of any Third Party Providers, their sites or services.
Third Party Providers may include, but are not limited to, the following:
Payment Processors.
We use Third Party Providers to process payment transactions initiated via the Service. Your payment card details are not stored by the Site or the Service. If you purchase a subscription to the Service, your payment card details are encrypted and securely stored by our third-party payment processors to enable BrandKlout to automatically bill your payment card on a recurring basis. We currently use the following third party payment processing services:
Analytics.
We may use Third Party Providers to monitor and analyze the use of our Site.
Other Service Providers.
We also use Third Party Providers for marketing, technical, operational, and other services, including as follows:
Security
BrandKlout takes protecting your information seriously and implements reasonable measures to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service or certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message or comment boards. The information you share in public areas may be viewed by any user of the Site.
Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard Data and/or other information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of Data and/or other information is at your own risk.
Information and Data Transfers
The Service is administered by BrandKlout in the United States. When we obtain information about you through your access to or use of the Site or Service or when you input or import Data to the Service from somewhere other than the United States, we may transfer, process, and store such information and Data in the United States. If you access the Site and/or Service from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws. If you are a non-United States resident and provide us with your Personal Information, or if you use the Service, you consent to the transfer to and processing of such information and any Data in the United States, which may have data protection laws less stringent than those in the country in which you reside. Additionally, if any Data or other information you provide to us includes the Personal Information of your clients, you confirm that you have all necessary authority and consents to transfer such Data to us.
Your Choices
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site and the Service may then be inaccessible or not function properly.
Electronic Messages from BrandKlout. BrandKlout sends billing information, information about products or services, support information, Service updates, Service notifications, and other items to you via Electronic Messages. Promotional Electronic Messages will contain instructions describing how you can opt out of receiving future promotional communications from us. If you opt out of promotional Electronic Messages, you may continue to receive non-promotional, transactional emails from us.
Electronic Messages from BrandKlout Customers.
BrandKlout customers (third parties) can use BrandKlout’s platform to send Electronic Messages to you about payment reminders, scheduling and appointment information, information about their products or services, support information, and other items. BrandKlout Customers are solely responsible for the consent, content, legal compliance, appropriateness, timing, or frequency for/of any such Electronic Messages. Please directly
contact the BrandKlout customer responsible for sending the Electronic Messages with any questions, comments, or complaints about any such Electronic Messages.
How We Respond to Do Not Track Signals
Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. At this time, the Service does not respond to the preferences you may have set in your web browser regarding such collection of your information, and we may continue to collect information in the manner described in this Privacy Policy.
Third Party Applications and Websites
The Site and/or Service may contain links enabling the electronic transfer of data from third-party applications to the Site or Service, as well as links to third-party websites. BrandKlout is not responsible for the privacy practices or content of these applications or websites and linking to an application or website does not constitute endorsement by us of that application or website. You should review the privacy policy and terms and conditions of any such third-party application or website prior to using or providing information to the same.
Accessing and Correcting Your Information
Your Personal Information is accessible through and may be reviewed and changed by logging in to your user account. You may also send us an email at compliance@brandklout.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you are a registered user of the Service, you can also review and change your Personal Information by logging into the Service and visiting your user account profile page.
If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site and Service, including User Contributions, is governed by our terms of service.
Privacy of Children
The Site and Service are not intended for or directed to children. No one under age 13 (or, with respect to residents of Europe or where so required by applicable law, under age 16) (the “Consent Age”) may provide any information to or on the Site or Service. BrandKlout does not knowingly collect or solicit Personal Information from children under the Consent Age. If you are under the Consent Age, do not use or provide any information on the Site or through the Service or any of its features, register on, make any purchases through, or use any of the interactive or public comment features of the Site or Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under the Consent Age, we will delete that information. If you believe we might have any information from a child under the Consent Age, please contact us at compliance@brandklout.com . Notwithstanding the foregoing, BrandKlout may store information about children under the Consent Age in connection with the Service where consented to by the appropriate parent or guardian.
Your California Privacy Rights
California law grants additional privacy rights to California residents. In particular, the California Consumer Privacy Act (CCPA) requires businesses to disclose, for the past 12 months, (i) the categories of Personal Information collected, (ii) the sources of the collected Personal Information, (iii) the purposes for which the collected Personal Information is used, (iv) the categories of Personal Information disclosed for a business purpose, and (v) the categories of any Personal Information sold. BrandKlout provides these disclosures in the following table. (Note that BrandKlout does not sell any Personal Information, even under the broad CCPA definition of a “sale.”)
California residents also have the rights described below. We will not discriminate against any California resident who exercises these rights.
Right to access/know your information. You may request from us a list of (i) the Personal Information that we have collected about you, and (ii) the categories of third parties to whom we have disclosed your Personal Information. You have the right to up to two (2) access requests each twelve (12) months.
Right to delete your information. You may request, at any time, that we delete your information and direct our service providers to delete your information from their records.
You may contact us to exercise these rights at compliance@brandklout.com. To ensure the privacy and protection of individuals, we are required to verify your identity (or that of your authorized agent) or otherwise authenticate your request(s), which we will do in accordance with the CCPA regulations. Please note that, under the CCPA, we are not required to grant a request to access/know or a request to delete with respect to Personal Information obtained from you in your role as an employee, owner, director, officer or contractor of a company and within the context of BrandKlout providing its services to such company.
Your European Privacy Rights
If you are a resident of the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”). Those rights include:
If you are located in the European Union and you are or have been a user of our services (including the Service), we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.
You may contact us at compliance@brandklout.com to exercise any of the above rights.
We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information.
Furthermore, if you believe that our processing of your information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.
For purposes of the GDPR, we are a “controller” and you are a “data subject.”
Updates to Our Privacy Policy
BrandKlout reserves the right to change this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will make an effort to communicate these changes to you via email or by posting a notification on the Site. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.
Treatment of Google User Data
Notwithstanding anything to the contrary herein, if you provide the Service access to certain types of your Google data, the Service’s use of that data will be subject to these additional restrictions:
The Service will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
The Service will not use this Gmail data for serving advertisements.
The Service will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the Service’s internal operations and even then only when the data have been aggregated and anonymized.
Contact Us
If you have any questions about this Privacy Policy or our information practices, please email us at compliance@brandklout.com or write to us at:
BrandKlout, Inc.
555 Anton Blvd, Suite 150
Costa Mesa, CA 92626