Privacy Policy

Last updated: April 06, 2020

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

Definitions

For the purposes of this Privacy Policy:

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies here: Cookies: What Do They Do? We use both session and persistent Cookies for the purposes set out below:

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

We may share your personal information in the following situations:

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies here: Cookies: What Do They Do? We use both session and persistent Cookies for the purposes set out below:

Analysis tools and advertising

Google Analytics This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. Google Analytics cookies are stored on the basis of Art. 6 Par. 1 lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both his website and his advertising.  

IP anonymization We have activated the IP anonymization function on this website. This will cause your IP address to be cut by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.  

Browser plugin You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.  

Objection to data collection You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set which prevents the collection of your data on future visits to this website: Disable Google Analytics.   More information on how Google Analytics handles user data can be found in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.  

Contract data processing We have concluded a contract with Google for commissioned data processing and fully implement the strict requirements of the German data protection authorities for the use of Google Analytics.  

Demographic features on Google Analytics This website uses the “demographic features” function of Google Analytics. This allows reports to be created that contain information on the age, gender and interests of site visitors. This data comes from interest-related advertising by Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can disable this feature at any time from your Google Account ad preferences or opt-out of Google Analytics collecting your information as described in the “Opt-out of data collection” section.  

Google Analytics Remarketing Our websites use the functions of Google Analytics Remarketing in connection with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.   This function enables the target groups created with Google Analytics Remarketing to be linked with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-related, personalized advertising messages that were adapted to you depending on your previous usage and surfing behavior on one device (e.g. mobile phone) can also be displayed on another of your devices (e.g. tablet or PC).   Once you give your permission, Google will link your web and app browsing history to your Google Account for that purpose. This way, the same personalized advertising messages can be delivered to every device you sign in with your Google Account.   To support this feature, Google Analytics collects Google-authenticated user IDs that are temporarily linked to our Google Analytics data to define and create cross-device ad targeting.   You can permanently object to cross-device remarketing/targeting by disabling personalized advertising in your Google Account by following this link: www.google.com/settings/ads/onweb.   The summary of the data collected in your Google Account is based solely on your consent, which you can submit or revoke to Google (Art. 6 par. 1 lit. a DSGVO). For data collection operations that are not merged into your Google Account (for example, because you do not have a Google Account or have opposed the merge), the collection of data is based on Article 6(1)(f) of the DSGVO. The legitimate interest arises from the fact that the website operator has an interest in the anonymous analysis of website visitors for advertising purposes.   Further information and the data protection regulations can be found in Google’s data protection declaration at: www.google.com/policies/technologies/ads.  

Email and Contact Form

When you send an email to the email address displayed on our website we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).   Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).   Legitimate interest(s): Responding to inquiries and messages we receive and keeping records of correspondence.   Legal basis for processing: Necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation). The reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).  

Transfer and storage of your information

We use a third-party email provider/customer service management tool to store emails and messages you send us. Our third party email provider is Zoho Corporation, located in the United States. Their privacy policy is available here https://www.zoho.com/privacy.html    Emails you send us will be stored outside the European Economic Area on our third-party email provider’s servers in the United States and other locations based on their sub-processors. For further information please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area.

Information collected when you place an order 

Mandatory information

When you place an order for goods or services on our website, we collect your name, email address, billing address, shipping address, company name (if applicable), billing name, and information about your browser.   If you do not provide this information, you will not be able to purchase goods or services from us on our website or enter into a contract with us.  

Legal basis for processing: Necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).  

Reason why necessary to perform a contract: We need the mandatory information collected by our checkout form to establish who the contract is with and to contact you to fulfill our obligations under the contract, including sending you receipts and order confirmations.  

Legal basis for processing: Compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).  

Legal obligation: we have a legal obligation to issue you with an invoice for the goods and services you purchase from us and we require the mandatory information collected by our checkout form for this purpose. We also have a legal obligation to keep accounting records, including records of transactions.  

Optional information

We also collect optional information from you, such as your telephone number or information about how your experience was in the form of a survey. We also ask you if you would like to receive marketing communications from us.    If you do not supply the optional information requested at checkout, such as telephone number. We will not be able to contact you by phone or SMS.

Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation.

Legitimate interests: Finding out how a customer’s experience was to improve your business’ website or to be able to contact the customer by phone where (if necessary) in relation to their order.   AND  

Legal basis for processing: Your consent (Article 6(1)(a) of the General Data Protection Regulation).  

Legitimate interests: You consent to us processing any optional information you provide by submitting that information to us.  

Processing your payment

After you place an order on our website you will need to make payment for the goods or services you have ordered. In order to process your payment we use a third party payment processor and a fraud gateway to ensure that your order is not fraudulent. 

Security

We are committed to securing your personal data. We have put in place suitable physical, electronic, contractual, and managerial procedures, including our Information Security Management System and Secure Sockets Layer (SSL) encryption, to protect your personal data.  

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CALIFORNIA PRIVACY NOTICE

Effective Date: April 6, 2020 This Privacy Notice (“Privacy Notice”) applies to you only if you are a California resident. This Privacy Notice supplements our Privacy Policy and in the event of any conflict between the terms of this notice and the Privacy Policy, the terms of this notice prevail in relation to California residents. If you have any questions regarding the information presented on this page, please contact Kelley Baker Brows ("Kelley Baker Brows", “we”, “us” or “our”) at customerservice@kelleybaker.com

PERSONAL INFORMATION WE COLLECT Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the “personal information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the personal information, where we obtain the personal information, and the third parties with whom we may share the personal information. Personal information does not include publicly available information that is lawfully made from federal, state, or local government records or de-identified or aggregated consumer information.

  1. Identifiers - A real name, postal address, unique personal or online identifier, Internet Protocol (IP) address, email address, telephone number
  2. Personal information described in the California Customer Records statute (Cal.Civ.Code §1798.80(e)) - All of the Identifiers listed above, and signature, debit and credit card numbers
  3. Commercial information - Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  4. Biometric information - Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data
  5. Internet or similar network activity - Browsing history, search history, information regarding a consumer's interaction with a website, mobile application, or online advertisement
  6. Geolocation data - Physical location or movements 

We obtain the categories of personal information listed above directly from our users, for example, from information that you provide to us through our online forms, email, or other means, or indirectly from activity on our website, for example, from website usage details collected automatically. We do not collect legally protected classifications, sensory data, employment information, education information or inferences.

USE OF PERSONAL INFORMATION We may use or disclose the personal information we collect for one or more of the following business purposes described below. To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information for us to process a payment. To provide you with information, products or services that you request from us. To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections. To improve our website and present the contents to you. For testing, research, analysis and product/service development. As necessary or appropriate to protect the rights, property or safety of us, our Users, or others. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. As described to you when collecting your personal information or as otherwise set forth in the CCPA. We may also use or disclose the personal information we collect for the following commercial purpose: to advance our commercial or economic interests, such as by inducing another person to buy, subscribe to, provide information, or enabling or affecting, directly or indirectly, a commercial transaction. We will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without providing you notice.

DISCLOSURE OF PERSONAL INFORMATION We may disclose your personal information to another party for a business and/or commercial purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. In the preceding 12 months, we disclosed the following categories of personal information to other parties for a business purpose: Category A: Identifiers; Category B: California Customer Records personal information categories; Category C: Commercial information; Category D: Biometric information; Category E: Internet activity; and Category F: Geolocation data. We disclose your personal information for a business purpose to the following categories of third parties: Our affiliates; Our service providers; and Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you. In the preceding 12 months, we disclosed the following categories of personal information to third parties for a commercial purpose: Category A: Identifiers; Category C: Commercial information; Category E: Internet activity; and Category F: Geolocation data.

PRIVACY RIGHTS The California Consumer Privacy Act (“CCPA”) provides consumers who are California residents with specific rights regarding their personal information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of our network systems. To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by either: calling us at: 909-305-0007; or email us at CustomerService@Kelleybaker.com. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collect personal information or your authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with your personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Non-Discrimination As a California consumer, you have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA, if you exercise any of your privacy rights rein, we will not:

Right to Know As a California consumer, you have a right to request what personal information we collect, use, disclose, and sell. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:  

Right to Request Deletion As a California consumer, you have the right to request that we delete any or all of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request to delete your personal information if retaining the personal information is necessary for us or our service providers to:

Right to Opt-Out of Selling The CCPA broadly defines “personal information” and “sale” such that sharing identifiers and identifiers linked to you with third-party advertising partners for purposes of serving ads that are more relevant to you, for ad campaign measurement and analytics may be considered a sale. As described in this Privacy Notice, in certain situations we may share your personal information with other parties for our marketing or for other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident, you have the right to opt-out of such sharing. If you would like us to no longer share your personal information in this way, please click here. If you opt-out, we may be unable to offer you some of our Services which require sharing of personal information.

Other Rights Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: customerservice@kelleybaker.com Changes to this Privacy Policy We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last Updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: customerservice@kelleybaker.com