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BrillMark Privacy Policy

At BrillMark, we are committed to protecting your privacy, and we have created this Privacy Policy
(the “Policy”) to explain what information we collect, how your information is collected, and how we
may use your information and other websites and services that we may communicate with.

As a general policy, we use information and message data for internal purposes only. We do not sell
or rent personal information related to our users. We will not disclose Personal Information or
message data to third parties without your consent, except as otherwise explained in this Privacy
Policy. For questions about this policy, please send an email to: info@brillmark.com.

1. Definitions

When we say “Account Holder” we mean the person(s) or entity(ies) who are legally responsible for
the account that’s registered with BrillMark to use the BrillMark Services.

When we say “BrillMark,” we mean our company, our Websites, and Services collectively.

When we say “Information,” we mean all of the different forms of data provided to us by an Account
Holder or User as well as data that we collect from Users’ use of the Services, as well as, Personal
Information provided by the Account Holder or User.

When we say “Personal Information,” we mean information that may be used to identify an Account
User personally. This includes name, birth date, phone number, email address, etc.

When we say “Services,” we mean the offering or use of BrillMark resources and services, including
the use of our Websites, Application Programming Interfaces (APIs), applications, our content, and
when we say “Website(s),” we mean the website located at brillmark.com, including all subdomains
and sites associated with those domains, and other websites that we control or operate now and in
the future.

When we say “User” we mean the person using the Services for which we monitor, track, and report
activity.

When we say “you” or “your,” we are referring to a User or an Account Holder.

Third-Party Services may be various third-party services that are part of services offered by
BrillMark.

When we say “Third Party” we mean a person or entity that is not the Account Holder or User.

When we say, “we,” “our,” or “us,” we’re referring to BrillMark, LLC, our employees, directors, officers,
affiliates, and subsidiaries.

2. Information We Collect (collectively, “User Information”)

Information you provide to us. When an Account Holder uses BrillMark, they are providing us with
Information, which we collect. This may include their names, surnames, billing and mailing address,
email address, phone number(s), and payment information.

Information from the use of Services. This information may include IP Address, location
information, date and time, browser type, and any other action taken to use the services and while
using the Service. In addition, the Service can be configured to capture the following data from Users
using the Service: website visit history, application usage history, search engine queries, emails,
instant messages, social media posts, audio, printed documents, network activity, log in / log out activity, file transfer activity, and time active/idle.

Cookies. When using the service, we may store “cookies”, which are strings of code, on a computer or other device owned or controlled by the User. We use those cookies to collect Information about when visiting our Website and other websites and pages, when and how the Services are used, registration and user preferences, browser and operating system details, and other similar information. Most browsers allow users to block and delete cookies. However, if cookies are blocked, our Services may not work properly.

Third Party Cookies. The use of cookies by Third-parties is not covered by this Privacy Policy. We donot have access or control over cookies used by Third-Parties. Third-Parties may use session IDcookies to make it easier to navigate our Websites. We use Third-Party services to provide the necessary hardware, software, networking, storage, and related technology required to run and improve our Services.

Web Beacons. Web beacons or pixel tags are tiny graphics with a unique identifier that are
embedded in websites and in newsletter emails. They are used to track the number of users who
have visited particular pages and viewed emails, and acquire other statistical data. They collect only
a limited set of data, such as a cookie number, time and date of page or email view, and a
description of the page or email on which they reside. Web beacons and pixel tags cannot be
declined. However, the impact of web beacons and pixel tags can be limited by controlling the
cookies that interact with them.

Additionally, using web beacons, our Third-Party partners may collect additional information, such
as IP addresses, browser or email client type, and other similar details. We use the data from our
Third-Party partners to improve the Services.

3. How We Use Your Information

  • To provide the Services, including sending reports and notifications to the Accountability
    Partners.

  • To create accounts.

  • To bill Account Holders for the Services.

  • To provide customer support.

  • To transfer your information in the case of a sale, merger, consolidation, or acquisition.

  • To better understand the needs and interests of Users and Account Holders.

  • To send Information related to accounts and use of the Services.

  • To personalize the Services and Website experience.

  • To improve our Services and our products.

  • To send updates and alerts and to contact Account Holders about their account.

  • To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

4. How We Share and Disclose Your Personal Information

While we never share Personal Information with non-affiliated Third-Parties, we may share Personal
Information in the following ways:

  • We may share Information with Third-Party service providers who provide necessary services to BrillMark and to strategic partners who help us market BrillMark – for instance to send out newsletters or to process payments.

  • To provide customer support.

  • When we have permission to share your Information.

  • When we have given you prior notice that the Information will be shared.

  • When we are required by law, or legal process to disclose information – such as a valid court order or a valid subpoena. When we believe in good faith that disclosure is necessary to protect our rights, protect User or Account Holder safety or the safety of others, investigate fraud, or respond to a valid government request.

  • To enforce our terms and conditions or to protect our operations or Users.

  • If a transfer of your Information is required under the terms of a reorganization, merger, or sale of the company.

  • When we determine that Information is aggregate information or other information that does not identify any specific individual.

5. Public Information and Third Parties

BrillMark Blog. We may have public blogs on our Website. Any comments or information provided in these areas may be read, collected, and used by anyone. If any person enters Personal Information into these areas and would later like it removed, a removal request can be sent to info@brillmark.com.

Disclosure of Information. As part of the Service, and with the Account Holder’s permission only, we will share User Information as described below. User Information is transferred via an encrypted connection and stored temporarily on our secure server.

Third-Parties. Under certain circumstances, we may provide User Information to Third-Parties. We may also share User Information with Third-Parties for purposes of facilitating Service-related requests and in connection with tailoring advertisements, measuring and improving our service and advertising effectiveness, and enabling other enhancements.

We may engage Third-Parties to perform some services on our behalf. These Third-Parties have access to User Information so that they may perform these tasks on our behalf and they are prohibited by us from using or disclosing Information for any purpose other than to provide this assistance, except to the extent required by law. We may permit Third-Parties to use aggregate information which does not identify any specific User. We may also use de-identified data for other purposes.

We are not responsible for and this Privacy Policy does not cover use of any third-party widgets, features, or websites or links to third-party websites or services. We encourage you to read the privacy policy of any third-party site you visit or service you use carefully.

Social Media Widgets.
Our Websites may include social media features. These features may collect data about IP addresses, page(s) visited, and may set cookies to make sure they function properly. 

Social media features and widgets are either hosted by a third party or hosted directly on our site. Your Interactions with those features are governed by the privacy policy of the companies providing them.

6. Marketing

Personal Information may be processed for direct marketing purposes and any person has the right at any time to terminate such use of Personal Information for marketing purposes, including profiling, insofar as it relates to such direct marketing.

Opposition. Once notified of an objection to the processing of data for direct marketing purposes, Personal Information will no longer be processed for such purposes by BrillMark. We shall inform you clearly of your rights at the latest at our first contact with you, and this information shall be provided clearly and separately from all other information.

Consent. We may also use your Information with consent, including: (i) to administer promotions entered; (ii) to serve advertising tailored to specific interests on our Services; and (iii) to fulfill any other purpose disclosed and consent.

7. Security

We take precautions — including administrative, technical, and physical measures — to safeguard Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

We follow generally accepted industry standards to protect Information, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Information, we cannot guarantee its absolute security.

8. Correcting and Updating Information

If you are an Account Holder or User and would like to access or delete information, including Personal Information, previously provided to us, email us at info@brillmark.com. We will respond to requests  within 30 (thirty) calendar days. We may decline to process unreasonable requests or requests that are not otherwise required by local law. Deletion of certain Personal Information may disable or terminate the Services.

We have no direct relationship with Third-Parties with whom our Account Users may interact while accessing or using the Services. Any such party who would like to amend or delete data which may be stored in the Services should direct their request to the applicable BrillMark user acting as the “data controller” for such information.

Any such party who no longer wishes to be contacted by a BrillMark user, should contact that BrillMark user directly.

9. Additional Privacy Laws

For residents of California, additional privacy protections and laws may govern use of the Websites. These laws include the following specific laws and the Websites will take or not take action based on these laws as set forth below:

  • California Online Privacy Protection Act (CalOPPA). Our Websites do not respond to “do not
    track” signals. We have not authorized and do not give permission to Third-Parties to track
    activities on the Website.

  • California “Shine the Light” Law (CA Civil Code § 1798.83. As a business with fewer than 20
    employees, we are not subject to the provisions of this law. Additionally, with regards to the
    use of Private Information, you may “opt-in” or “opt-out” at any time as set forth below.

  • California Consumer Privacy Act (CCPA). Under the CCPA, you have certain rights to control
    the use of Personal Information. Contact us at info@brillmark.com to exercise any of these
    rights, which include:


     

  • California “Online Eraser” Law. We do not knowingly collect information from minors below
    the age of 13. However, if a minor who resides in the State of California would like to have
    any information removed from our Website or the Services, please contact us at
    info@brillmark.com
    .

Residents of a country in the European Economic Area (“EEA”), may have additional rights, among
others, to:

  • Access their personal data.

  • Ensure the accuracy of their personal data.

  • The right to have us delete their personal data.

  • The right to restrict further processing of their personal data.

  • The right to complain to a supervisory authority in their country of residence in the event
    that any data is misused

If you believe that our processing of Personal Information infringes any data protection laws, you
have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
You may do so in the EU member state of your residence, your place of work or the place of the
alleged infringement.

You may exercise any of your rights in relation to your personal data by providing written notice to
us addressed to the following:

BrillMark
192 Benmore Dr.
Hayward, CA 94542

10. Updates to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here and by email.

11. Effective Date

This Privacy Policy has the Effective Date noted above.

12. Questions

For questions or concerns about this Privacy Policy please contact us via email at 
info@brillmark.com or by writing to us at:

BrillMark
192 Benmore Dr.
Hayward, CA 94542

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