Privacy and Security Policy

Privacy and Security Policy

PLEASE NOTE THAT OUR PRIVACY NOTICE HAS CHANGED, EFFECTIVE AUGUST 2, 2021

BrandMuscle, Inc. (hereinafter, “BrandMuscle”, "BMI", “we”, or “us”) is committed to protecting your online privacy while providing you with the most useful and enjoyable web experience possible. While you can use many features of BrandMuscle anonymously, you are required to provide personal information to gain access to some of our premium content and services. We recognize that personal and company information that is entered in this site may be of a confidential or sensitive in nature. BrandMuscle services are designed to be resistant to the inappropriate access or disclosure of such information to other registered and unregistered users.

With the use of our website, you consent to the collection, use, and disclosure of your information, including your personally identifiable information, by BrandMuscle in accordance with the terms of our Privacy and Security Policy in place at that time. You acknowledge that we have the right, at our lone discretion, to adjust, add or remove any terms or conditions of this Privacy and Security Policy without prior notice or liability to you.

WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY AND SECURITY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY AND SECURITY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY CEASE ACCESSING OUR WEBSITE.

General

• BMI collects personal information when you send a user submission to BMI, or use BMI’s web site.
• When you send a user submission we ask for information such as your name and email address. Once you provide that information you are not anonymous to us. BMI does not collect personally identifiable information from individuals under the age of 18.
• BMI automatically receives and records information on our server logs from your browser, including your IP address, BMI cookie information, and the page you request.
• BMI uses information for the following general purposes: to customize the user experience, fulfill your requests for products and services, promote and improve services, contact you, and conduct research. BMI is the sole owner of the information that it collects.

Information We Collect

Personal Information

We classify "Personal Information" as any information that specifically identifies you. When purchasing a BrandMuscle solution or registering for our site, we collect the appropriate personal information to fulfill your request. This information may include; full name, email address, postal address, phone number, company name, associated company name, credit card number, billing address, etc. When contacting Brandmuscle about our products and services, we will commonly collect certain types of personal information such as; full name, email address, company name, telephone number, and information about your title at the company. Personal data you enter on our site is encrypted with secure server software (SSL) that encodes the information before your web browser software sends it to us. The SSL software decodes the data only after it reaches our server, meaning that no one can access any of your personal information while it is in transit.

Non-personal Information

We classify "Non-personal Information" as information that does not personally identify you. Our Web server collects user’s Internet Protocol (IP) address, browser type and version, operating system and platform, time zone setting and Internet service provider. We use this information to analyze trends, administer the site, and track user movement for aggregate use. Monitoring such user behavior enables us to provide our users with an ever-improving site, service, and general offering.

Technologies We Use

BrandMuscle and our service providers use cookies, beacons, and embedded scripts in connection with our sites.

Cookies

"Cookies" are small pieces of information that some websites store on your computer's hard drive when you visit them. Cookies typically contain information about the user (i.e. username, site display preferences, etc.) with respect to a specific website. Like many other websites, we may set and access session cookies on your computer to customize the user experience and to identify members so they don't have to enter a user id and password upon each visit. Most web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. You may realize certain losses of functionality if you turn your cookies off in your browser. However, if you do not use cookies, you can still access all of the features on our site by logging in manually with each visit. Declining and/or deleting cookies on one browser may not delete them on all browsers. If you use multiple browsers on your device, you may need to change setting and delete cookies in each browser. Choices and decisions related to BrandMuscle website cookies on one device will not transfer across devices. Actions to opt-out should be done on each device used to access our website.

Beacons

These are small graphical images (also known as "pixel tags" or "clear GIFs") that may be included on our sites and typically work in conjunction with cookies to identify our users and user behavior.

Embedded Script

This is a programming code that is designed to collect information about your interactions with the site, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active only while you are connected to the site, and is deactivated or deleted thereafter. The above technologies are used to analyze trends, administer the sites, improve services and products, track users' movements around the sites, and to gather demographic information about our user base as a whole.

What We Provide to Third Parties

BrandMuscle does not provide third-party access to your personal information, except to facilitate your own attempts to register with our partners. We may provide third parties with aggregate statistics about our customers, traffic patterns, and related site information. This data reflects site usage patterns gathered during millions of customer visits to our website each month, but it does not contain behavioral or identifying information about any individual member. Our policy is not to provide any list of users, user addresses, user email addresses or other such "Personal Information" to third parties for commercial purposes.

Exceptions include:

• Response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of BrandMuscle terms of use, or as otherwise required by law.

Third-Party Analytics

We utilize third party service providers such as Google Analytics, Adobe Analytics, LeadLander, Pardot and Piwik that may use cookies or other technologies to collect information about your online activities across BrandMuscle sites. These providers are used for non-advertising purposes. To understand the choices they may provide you to control these activities please visit the following websites:

• Google - https://www.google.com/intl/en/policies/privacy/
• Adobe - http://www.adobe.com/privacy.html
• Piwik - https://piwik.org/privacy/
• LeadLander - https://app.leadlander.com/privacy/
• Pardot - https://www.salesforce.com/company/privacy/

Security and Retention

We have adopted physical, technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.

In the unlikely event that your personally identifiable information (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we will notify you by email (at our sole and absolute discretion) using the last email address you have provided to us in the most advantageous time practical under the circumstances. However, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore sensible integrity to the system. Additionally, we would need to evaluate the legitimate needs of law enforcement if notification would impede a criminal investigation and we would need to ensure that we are in compliance with BrandMuscle’s Security Incident Policy and Breach Policy.

Trademarks, Copyrights, & Use Restrictions

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of BrandMuscle. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site, without the written permission of the Trademark owner. Trademarks of BrandMuscle may not be used in any way, without prior written permission of Brandmuscle. We prohibit the use of any BrandMuscle Trademark as a "hot" link to this site or any BrandMuscle site without prior written consent.

The copyright in all material provided on this site is held by BrandMuscle or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Brandmuscle or the copyright owner. You also may not, without prior written permission from BrandMuscle, "mirror" any material contained in this site on any other site.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around BrandMuscle’s collection, use, and sharing of their personal information.

BrandMuscle does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.

BrandMuscle collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BrandMuscle collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.

If you are a resident of California, you have the right to request what personal information has been collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share personal information, the specific pieces of personal information we have collected, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow BrandMuscle to retain and use certain personal information notwithstanding your deletion request, and the right to opt-out of the sale of your personal information. You may also send your request by email to legal@brandmuscle.com or by phone to 866-464-4342. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so. Under the CCPA, a data subject may only make a personal information request twice in a 12-month period. BrandMuscle will respond to such personal information request within 45 days of receipt of the request.

Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8.

EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS AND INTERNATIONAL DATA TRANSFER

If you are a European Resident (i.e., a resident of the European Economic Area or Switzerland), you have the right to access your personal data, and the right to request that we correct, update, or delete your personal data. You can object to the processing of your personal information, ask us to restrict processing of your personal information, and request portability of your personal information. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. The Service generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you or in your account settings. If you have any questions or comments about the processing of your personal information, you may contact us as described in Section 8 above. Please note that if you are a European Resident, the “data controller” responsible for protecting your personal data related to the Service is BrandMuscle, Inc.

For European Residents, please note that the personal information we obtain from or about you may be transferred, processed, and stored outside of the EEA or Switzerland for the purposes described in this Privacy Policy, including in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information, including ensuring an adequate level of data protection in accordance with E.U. standards in effect as of the date of this Privacy Policy. These steps include use of the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection laws. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.
Changes to this Privacy Policy

BrandMuscle may update or revise this policy at any time, at its sole discretion. Users should review this Privacy Policy from time to time to make sure that they stay informed of its terms and conditions.

How to Contact Us

BrandMuscle

ATTN: Information Security Department

1100 Superior Ave. Ste. 500

Cleveland, OH 44114

Phone: 866-464-4342