BCV Social LLC Privacy Notice
Effective: August 19, 2019
Our Privacy Commitment
“Business Partners” means affiliates, licensors, manufacturers, distributors, clients, or other third parties with which we have a business relationship.
“Data Protection Laws” means laws relating to data protection, privacy, and/or information security, including all such laws governing use of Personal Information.
“Personal Information” is any information relating to an identified or identifiable individual, such as your name, address, email address, user names, telephone number, job title, job industry, company/organization name, and any other information you voluntarily provide or any other non-public information that we associate with your contact information and that can identify you as an individual.
“Services” means the following services that BCV provides to its Business Partners:
- Content Management: BCV creates and publishes content on behalf of its Business Partners to a variety of social media platforms, including Facebook, Instagram, and Twitter.
- Engagement Management: BCV engages with you when you interact with a Business Partner on certain social media platforms by, for example, posting a comment, leaving a review, or sending a direct message.
- Performance and Competitive Reporting: BCV collects performance metrics, such as number of comments, “likes,” and other data propagated by certain social network platforms to provide reporting products to our Business Partners.
BCV principally provides its Services in the United States, but may also provide its Services in other jurisdictions. Be advised that, through your interactions with us (either directly with us or through our Website), you are transferring your Personal Information to the United States, and you consent to that transfer.
Information That We Collect
We collect a variety of Personal Information from and about you through our Services, including:
- When you provide it to us directly, such as through the use of our Business Partner accounts or when you contact us with inquiries;
- Through your interactions with our Business Partners on certain social media platforms, such as Facebook, Twitter, and Instagram;
- Automatically on our Website through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services; and
- From third-party sources, including ad networks that provide online behavioral advertising services, such as Facebook Connect and Google Analytics.
Finally, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal information. To the extent this data is stored or associated with Personal Information, we will treat is as Personal Information; otherwise, the data is not subject to this notice.
Information You Share With Us or Our Business Partners.
We collect Personal Information from you when you provide it to us directly, including through our Website forms or contacting us with questions or comments. If you contact us with questions, requests, or complaints, we collect Personal Information sufficient to answer your questions, address your requests, and/or handle your complaints. In certain situations, we may also require you to provide Personal Information to authenticate your identity in order to carry out your requests.
We also collect information from you that, depending on applicable law, may not constitute Personal Information.
Information You Share with Our Business Partners
We collect information from you when you interact with our Business Partners on certain social media platforms, including Facebook, Twitter, and Instagram. If you interact with our Business Partners on Facebook, for example, we will collect information available from your social media profile, including—as available—your name, location, number of “likes”, your use of hashtags, your posts, any of your comments, and any Direct Messages between you and our Business Partners.
We also collect information from you that, depending on applicable law, may not constitute Personal Information.
Information We Collect Automatically.
When you browse our Website, we utilize commonly-used logging and analytics tools, including Google Analytics, to collect information about your device, the network used to access our Website, and information about your use of our Website (such as how you navigate and move around it).
The information that these cookies and pixel tags typically collect include: the software and hardware attributes of the device you use to access our Website; the unique device ID information; regional and language settings; performance data about our Website; network provider; and IP address (a number assigned to your device when you use the Internet). In addition, we collect information passively in the form of log files and third-party analytics (including Google Analytics) that record website activity. For example, log file entries and analytics data are generated every time you visit a particular page on our Website, and they track the dates and times that you use the Website, the pages you visit, the amount of time spent on specific pages, and other similar usage information.
Legal Bases for Processing Personal Information
To the extent applicable under Data Protection Laws, we collect, process, and use Personal Information for, or based on, one or more of the following legal bases:
Performance of a Contract. We may use Personal Information to enter into, or perform under, an agreement.
Legitimate Interests. We may use Personal Information for our legitimate interests to the extent it does not infringe on the fundamental rights and freedoms, including: to provide our Services; improve our Services; providing information about our Services; provide customer support; to the extent necessary and proportionate for the purposes of ensuring network and information security; and for administrative, fraud detection, and legal compliance purposes.
Compliance with Legal Obligations and Protection of Individuals. We may use Personal Information to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.
Your Consent. From time to time, and as required by applicable Data Protection Laws, we may seek your consent to collect and process your Personal Information, as well as communicate with you to provide information that may be useful or interesting.
How We Use Information That We Collect From You
We use your Personal Information as part of our operations, provide our Services to our Business Partners, or to improve our Services, which can include:
- Providing you with information tailored to your requests, responding to inquiries, and delivering our Services (all typically done on behalf of our Business Partners via social media platforms, such as Facebook or Twitter);
- Communicating with you by social media on behalf of our Business Partners, or by email, mail, or telephone if you are interacting directly with us;
- Compiling metrics and reports based on your interactions with our Business Partners on social media, such as number of “likes”, use of hashtags, and number of comments;
- Operating, maintaining, and improving the quality of our Services;
- Compliance with applicable laws, regulations, rules, and requests of relevant law enforcement and/or other governmental agencies;
- Endeavoring to protect our and our Business Partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties; and
- For other purposes, as permitted or required by law.
How We Disclose Your Personal Information to Third Parties
We do not sell Personal Information, and it is our policy not to share Personal Information outside of BCV except as provided herein.
We may disclose Personal Information to our Business Partners to allow them and us to provide the Services (i.e., engagement with you on social media).
In addition, we may share Personal Information with third parties to assist us in providing our Services, or for other business purposes provided that disclosure is made on a confidential basis. Such third parties and purposes include:
- Agents acting on our behalf;
- To third parties to whom you ask us to send Personal Information;
- A person who, in the reasonable judgment of BCV, is acting as an agent of our Business Partners;
- Information technology or other professional consultants and Service Providers in order to improve our Services, systems, and processes;
- Other companies and professional advisors in conjunction with an amalgamation or sale of corporate assets or interests; and
- As may otherwise be required by local and foreign law.
We will use reasonable efforts, using contractual or—where applicable—other arrangements, to ensure that our Business Partners, Service Providers, and other third parties use Personal Information in a manner that is consistent with this policy.
Finally, there are special circumstances where we may disclose your Personal Information. These situations include: (1) where it would be reasonably in the best interest of an individual but where consent cannot be obtained in a timely manner; (2) where the life, health, or security of an individual is threatened or otherwise at risk; (3) where the purpose is related to the detection or prevention of fraud or for law enforcement; (4) where disclosure is to our legal counsel or other advisors; or (5) as may otherwise be required or permitted by law.
Protecting Personal Information
We employ reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of Personal Information. Those safeguards include: (i) technical safeguards to protect against inadvertent or unauthorized access of Personal Information (e.g., anti-virus software, firewalls); (ii) taking steps to ensure Personal Information is backed-up and remains available in the event of a security incident; and (iii) periodic testing, assessment, and evaluation of the effectiveness of our safeguards.
However, no method of safeguarding information is completely secure. While we use measures designed to protect Personal Information, we cannot guarantee that our safeguards will always be effective or sufficient.
Retention of Personal Information
Unless otherwise required by law or to the extent we reasonably deem necessary to protect our rights, property, or safety, we will delete Personal Information when: (1) it is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (2) when you withdraw your consent (where lawfulness of processing was based on your consent) and there is no other legal ground for the processing; (3) when you object to the processing and there are no overriding legitimate grounds for the processing; and (4) when it is necessary to comply with legal obligations.
Your Rights Regarding Personal Information
Depending on your jurisdiction, you may have a variety of legal rights regarding the collection and processing of your Personal Information. You may exercise these rights, to the extent they apply to you under applicable Data Protection Laws, by contacting us as provided in the section, Contact Us.
Again, these rights vary depending on applicable Data Protection Law, but may include:
For additional information about specific legal rights, please reference the following sections: Your California Privacy Rights, Your European Union Privacy Rights, and Your Canadian Privacy Rights.
Your California Privacy Rights
California Civil Code Section 1798.83, known as the “Shine the Light” law, permits California residents to request and obtain from us a list of what Personal Information (if any) we have disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address in the section, Contact Us, and are free of charge.
Your European Union Privacy Rights
In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights with respect to their Personal Information. Depending on the circumstances surrounding the processing of Personal Information, these rights may include:
- The right to know whether, and for what purposes, we process Personal Information about you;
- The right to be informed about the Personal Information we collect and/or process about you;
- The right to learn the source of Personal Information about you that we process, and whether we obtain that Personal Information from a source other than you;
- The right to access, modify, and correct Personal Information about you;
- The right to know with whom we have shared Personal Information about you, for what purpose, and what Personal Information has been shared;
- Where processing of Personal Information about you is based on consent, the right to withdraw your consent to such processing;
- The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred;
- The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
- The right to request restriction of processing of Personal Information or object to processing of Personal Information carried out pursuant to (i) a legitimate interest or (ii) performance of a task in the public interest (including, but not limited to, processing for direct marketing purposes);
- In certain circumstances, the right to data portability (which means that you can request that we provide certain Personal Information we hold about you in a machine-readable format); and
- In certain circumstances, the right to erasure and/or the right to be forgotten (which means that you can request deletion or removal of certain Personal Information we process about you).
If applicable, you may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, we will delete it from our active databases but the information may remain in our archives or disaster recovery systems.
Note that we may request certain reasonable, additional information (that may include Personal Information) to help us authenticate your request and/or to clarify or understand the scope of such requests.
Your Canadian Privacy Rights
Residents of Canada can request and obtain from us information relating to the existence, use, and disclosure of their Personal Information, as well as access to that information (subject to certain exceptions pursuant to applicable Data Protection Laws). Without limiting the above, residents of Canada can, upon request:
- Be informed of whether we hold Personal Information about you;
- Be provided with an account of third parties to which we have disclosed your Personal Information;
- Be able to challenge the accuracy and completeness of your Personal Information and have it amended, as appropriate; and
- Be provided with information about our policies and practices with respect to the management of Personal Information, including: the name, title, and address of the person who is accountable for our privacy policies and practices; the means of gaining access to Personal Information; a description of the type of Personal Information held by us, including a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and what Personal Information is made available to related organizations.
Accessing, Modifying, Rectifying, and Correcting Collected Personal Information
If applicable under relevant Data Protection Laws, you may be able to obtain from us certain Personal Information in our records. If you wish to access, review, or make any changes to Personal Information we hold about you, you may contact us as provided below in the section, Contact Us. Please note, however, that we reserve the right to deny access as permitted or required by applicable Data Protection Laws.
We strive to maintain the accuracy of any Personal Information collected from you, and will use reasonable efforts to respond promptly to update our records when you tell us your information is not accurate. Please notify us with any updates or corrections as outlined in the section, Contact Us.
Children under the age of 18 are not permitted to use our Websites, and we do not knowingly gather Personal Information from people who are under the age of 18. For Personal Information collected and processed through various social media networks, we rely on the platform’s or network’s age restriction and age verification processes.
We may, in the future, sell or otherwise transfer some or all of our business, operations, or assets to a third party, whether by merger, acquisition, or otherwise. Personal Information we obtain about you via our Services may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
Do Not Track
We use analytics systems and providers that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
Your Personal Information will be stored and processed in the United States, which may have different Data Protection Laws than in your country, and Personal Information may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States.
For transfers of data into and out of the European Economic Area, pursuant to Article 46 of the General Data Protection Regulation, we rely on the US-EU and US-Swiss Privacy Shield program, as well as standard contractual clauses, to ensure compliance with relevant Data Protection Laws. In that vein, we comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and/or Switzerland, as applicable, to the United States.
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
BCV respects your right to limit our use or disclosure of Personal Information subject to the Privacy Shield Principles. Requests to opt out of such use or disclosure of Personal Information should be sent to: email@example.com.
Accountability for Onward Transfer
Recourse, Enforcement, and Liability.
Our participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework is subject to investigation and enforcement by the Federal Trade Commission.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Data. Data Subjects with inquiries or complaints regarding this Privacy Shield Policy should first contact us at: firstname.lastname@example.org.
BCV has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the EU Data Protection Authorities. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
Under certain conditions detailed in the Privacy Shield, Data Subjects may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.
BCV agrees to periodically review and verify its compliance with the Privacy Shield Principles, and to remedy any issues arising out of failure to comply with the Privacy Shield Principles. BCV further acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department’s list of Privacy Shield participants.
BCV Social LLC
223 West Erie Street
Chicago, IL 60654
We will respond to your request or investigate your concern as quickly as possible.
If you are located in the European Union or European Economic Area, and you wish to raise a concern regarding our use of your Personal Information, you have the right to do so with your local supervisory authority.