Privacy Policy
Last Updated: June 3, 2019
Privacy Policy
Introduction.
Effective Date. The effective date of this Privacy Policy is June 3, 2019.Purpose. Data Street, LLC (“DataStreet” or “Company”) is committed to respecting the privacy rights of users of the DataStreet website, and any software applications made available through the Website or providing access to the Website, such as any mobile device applications (“Website”). Company has published this “Privacy Policy” to show its commitment to fair information practices and to the protection of privacy.Scope. This Privacy Policy is only applicable to the Website, and not to any websites or services of third parties (“Third Party Websites“), which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. For additional information, see Section 12 (Third Party Websites) and Section 4.2.3 (Third Party Cookies and Advertising).Separate Terms of Service. By using the Website, you represent and warrant that you have also read, understood, and agree to be bound by Company’s separate Terms of Service document (the “Terms of Service“), which is incorporated by reference and made part of this Privacy Policy. The Terms of Service document is available at https://datastreetapp.com/terms-and-conditions.Agreement. By using the Website, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this Privacy Policy, you must immediately cease using or accessing the Website.Updates and Changes to Privacy Policy.Each time you access the Website, the then-current version of this Privacy Policy will apply. Each time you use the Website, we recommend that you check the date of this Privacy Policy in Section 1.1 (Effective Date) and review any changes since the last time you used the Website.Although most changes are likely to be minor, Company reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately on posting. Unless Company obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy, and not to information collected under any earlier Privacy Policy.Children’s Privacy. Company does not solicit or knowingly collect Personal Information from children under the age of 13. If Company obtains actual knowledge that it has collected Personal Information from a child under the age of 13, Company will immediately delete that information from its database. Because Company does not collect Personal Information from children under the age of 13, Company has no such information to use or disclose to third parties. Company has designed this Privacy Policy to comply with the Children’s Online Privacy Protection Act (“COPPA”).Information Collection Practices.Traffic Data. Like most website and mobile application operators, Company collects information that web browsers automatically make available, including: (i) IP addresses; (ii) Internet domain names; (iii) types of devices accessing the Service; and (iv) types of web browsers accessing the Website (collectively “Traffic Data“). Traffic Data is not meant to personally identify you, although it may be possible to identify you using Traffic Data in combination with other data. Additionally, Company may use tracking pixels or pixel tags to collect non-personally identifying information about users and to administer and track its online advertisements. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow the Company to count the number of users who have visited certain pages of the Site, to deliver branded services, to provide online advertising, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened. We may use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.Cookie Policy. “Cookies” are text files that are placed on your computer by websites that you visit or certain emails that you open. Cookies store a string of information on a user’s computer or mobile device, which the user’s web browser provides to the Website automatically each time it interacts with the Website. The purpose of Cookies is to identify the user as a unique user of the Website, or to store the user’s preferences for that website. Company uses the following types of cookies:First Party Cookies. Company uses first-party Cookies on the Website for the following purposes: (1) to gather visitor and access information relevant to customizing the Website to your interests; and (2) to store your password so you do not have to re-enter it each time you use the Website. If you do not wish to have first-party Cookies placed on your computer or mobile device, you should set your web browser to refuse Cookies before accessing the Website. However, certain features of the Website may not function properly without the aid of Cookies. If you refuse Cookies, you assume all responsibility for any resulting loss of functionality.Third Party Cookies and Google Analytics. Google Analytics is Google’s analytics tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google Analytics is the “__ga” cookie. Company may use Google Analytics on the Website.Opting Out of Third Party Cookies. You may customize your Google Cookies preferences or opt out of using Google Cookies on the Google Ads Settings page at http://www.google.com/settings/ads.Personally Identifiable Information.To use certain features of the Website, you will be asked to provide Company with certain personally identifiable information (“Personal Information“). The types of Personal Information gathered by Company will vary depending on how you use the Website, but may include the following: Contact Data, such as your name, phone number, fax number, mailing address, email address, and classification;Employment Data, such as the name of your employer, your employer’s contact information, your position/title, an employee photographs, and certificates or authorizations.Collection of Personal Information from Website. The Website gathers Personal Information when you voluntarily enter into the Website. The Website will not gather Personal Information secretly. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain features of the Website.Collection of Personal Information from Other Sources. Company may supplement the Personal Information you provide with additional Personal Information gathered from submissions made by you to Company through other media (e.g. by phone, mail), through public sources, or from third parties (e.g., consumer reporting agencies) who may lawfully provide that information to Company.Information You Make Public. The Website may contain features (e.g., instant messages, electronic messaging, etc.) that allow you to publicly upload, post, transmit, display, perform, or distribute content, or other information, including your Personal Information. Any information that you choose to disclose through such features becomes public information over which Company is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information through these features, and you agree to assume all responsibility for doing so.Geolocation. Company may access and collect information regarding the physical geographic location of your mobile device. However, Company only uses this information to return your estimated location and not to identify you or track your movements.Information Use and Disclosure Practices.Traffic Data and Information Gathered Using Cookies. Company analyzes Traffic Data and information gathered using Cookies to help Company better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Company is able to better design the Website to improve your experience, and to serve you more relevant content. From time to time, Company may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Company does not attempt to link information gathered using Cookies to Personal Information.Personal Information. Company uses your Personal Information to facilitate the operation of the Website, to transfer information through the Website to other authorized users associated with your account, to respond to your inquiries, to contact you about available products and promotions, to customize and tailor your experience on the Website, and to customize and display ads to you on other websites.Disclosure Practices. Company will keep your Personal Information private, and will not share it with third parties, except as identified below.Disclosure to Other Authorized Users. Company may disclose your Personal information to other authorized users of the Website associated with your account (for example, information disclosed between field crews and contractors).Disclosure to Website Marketing Managers. Company may provide your Personal Information to its website marketing managers to evaluate the activity and preferences of Website users, to refine and update the Website and online advertisements, and to display ads to you for Company on other websites.Disclosure to Marketing Partners. Company may provide your Personal Information to third party marketing companies, marketing affiliates, advertising agencies, and data aggregation companies. Your Personal Information may be used by these third parties to provide you with information about products and services offered by Company (whether or not those products are described on the Website), as well as about products and services that are not offered by Company.Disclosure in Connection with Website Operations. Company discloses Personal Information to third parties to perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.By Law or to Protect Rights. Company discloses Personal Information when required to do so by law, in response to a subpoena or court order, or when Company believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Company, third parties, or the public.Business Transfers; Bankruptcy. Company reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Company’s successor organization.Unpaid Accounts. If you fail to pay any balance owed to Company in consideration of a product purchased through the Website, Company may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies, and others.Consent to Receive Electronic Communications From Company. Without limitation, by providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications, regarding the Website, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to support@datastreetapp.com.Consent to Receive Electronic Communications from Partner Marketers. Without limitation, by providing your name, email, postal or residential address, and/or phone number through the Website, you consent to receive, and openly and knowingly solicit, electronic communications, including email communications, from Company’s partner firms, which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies regarding their services, including offers, promotions, and other related matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to support@datastreetapp.com.Security of Personal Information. Company takes security seriously. Company uses commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, Company is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.Lost or Stolen Information. You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, Company will remove the compromised information and update its records accordingly.User Ability to Access, Update, and Correct Personal Information. Company wants your Personal Information to be complete and accurate. As stated in the Terms of Service, by using the Website, you represent and warrant that all information you provide in connection with your use of the Website is current, complete, and accurate, and that you will update that information as needed to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, visit the My Company page or Membership Page in the DataStreet app, where you may review and update your Personal Information that we have already collected.Third Party Websites. Company neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Company. Before visiting or providing Personal Information to Third Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third Party Websites, and should take those steps necessary to, in your discretion, protect your privacy.Surveys. From time to time, Company may also ask you to participate in surveys designed to help Company improve the Website. Any Personal Information provided to Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.Business Transitions. In the event Company goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a “Business Transition“), Company may use information collected in accordance with this Privacy Policy and subject to its restrictions, as part of any such Business Transition. In such instances, your information can be part of the assets transferred.Do-Not-Track Disclosure. Company does not respond to “Do Not Track” signals sent by browsers.General Data Protection Regulation This Privacy Policy is intended to comply with, to the extent practical, the General Data Protection Regulation (“GDPR”) as adopted and implemented by the European Union, as of April of 2016. You should note that any deviation or relaxation of any standard or principle set forth in the GDPR, even if material in its impact, shall not expose us to any liability or give rise to a potential right of action from you. The Privacy Policy sets forth the general manner in which confidential or private user information is protected, including, but not limited to, the following: (i) what information the Company collects; (ii) how that information is collected; (iii) with whom the Company may share the information; (iv) how any such information can be corrected or removed; (v) how the information is stored and secured; (vi) how the Company protects the privacy of information related to minors; (vii) information regarding the use of the Site or Services; (viii) how revisions to the Privacy Policy are communicated to you; and (ix) how you may contact the Company.