Effective Date: August 14, 2018
Last Updated: August 14, 2018
We will also ask you to provide personal information, but you’ll always be able to opt out. If you give us personal information, we won’t do anything evil with it.
EU-U.S. Privacy Shield Framework
Baremetrics adheres to the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Upon notification by the Privacy Shield team, Baremetrics will update this Policy. Please see our Privacy Shield Policy at https://baremetrics.com/privacy-shield.
To learn more about the Privacy Shield program, and to view our certification once it is complete, please visit https://www.privacyshield.gov/.
Baremetrics makes available services include our web sites (http://baremetrics.com (the “Site”)), our blog, our API, and any other software, sites, and services offered by Baremetrics in connection to any of those (taken together, the “Service”). It is Baremetrics’s policy to respect your privacy regarding any information we may collect while operating our Site.
Like most website operators, Baremetrics collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Baremetrics’s purpose in collecting non-personally identifying information is to better understand how Baremetrics’s visitors use its website. From time to time, Baremetrics may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Baremetrics also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Baremetrics does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below. We may also collect and use IP addresses to block users who violated our Terms of Service.
Gathering of Personally-Identifying Information
Certain visitors to Baremetrics’s websites choose to interact with Baremetrics in ways that require Baremetrics to gather personally-identifying information. The amount and type of information that Baremetrics gathers depends on the nature of the interaction. Baremetrics collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Baremetrics. Baremetrics does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Service-related activities.
Additionally, some interactions, such as posting a comment, may ask for optional personal information. For instance, when posting a comment, may provide a website that will be displayed along with a user’s name when the comment is displayed. Supplying such personal information is completely optional and is only displayed for the benefit and the convenience of the user.
Aggregated Statistics and Third Party Analytics Providers
Baremetrics may collect statistics about the behavior of visitors to and users of the Service. For instance, Baremetrics may monitor the most popular parts of the Baremetrics Site. Baremetrics may display this information in the aggregate publicly or provide it to others.
In addition, Baremetrics may, from time to time, collect certain personal information from you, your use of the Services, and/or the users of your website, such as your user churn rate, your financial data and revenue, your conversation rates and other metrics (your “Data”). Baremetrics may publish and display your Data in the aggregate to the public through our Site or on our blog, e.g. by publishing a report on average churn rates on the Site. However, all Data is only used and published in the aggregate which means that any published Data will not identify you, your website, your company or your users, or link you to the published information in any way. If you wish to opt out of the publication of your Data, please contact us as firstname.lastname@example.org.
Baremetrics may also use third party analytics providers and products, such as Amazon (collectively, “Third Party Providers”), to obtain, compile and analyze information (that may include personally-identifying information) about how users are using and interacting with Baremetrics and/or the Services. Such information is compiled in the aggregate and anonymized (i.e. the aggregated data will not personally identify users in any way) and provided to Third Party Providers for analytics purposes only (e.g. obtaining statistics and other information about how users are using and interacting with Baremetrics). These Third Party Providers may use a variety of established or new technologies or tools (including, without limitation, cookies, web beacons, HTTP cache, local shared objects and persistent identifiers) to recognize your computer or device and/or to collect or compile this information. You understand and acknowledge that Baremetrics has no control over the technologies, tools or practices of the Third Party Providers providing analytics products and services to Baremetrics.
Baremetrics does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Baremetrics discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Baremetrics’ behalf or to provide services available at Baremetrics’ Site websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Service, you consent to the transfer of such information to them. Baremetrics will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Baremetrics discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Baremetrics believes in good faith that disclosure is reasonably necessary to protect the property or rights of Baremetrics, third parties or the public at large. If you are a registered user of the Service and have supplied your email address, Baremetrics may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Baremetrics and our products. We primarily use our website and blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Baremetrics takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Baremetrics, or substantially all of its assets, were acquired, or in the unlikely event that Baremetrics goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Baremetrics may continue to use your personal information as set forth in this policy.
Baremetrics uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that although you retain full rights to your data, it may be stored on third party storage and transmitted through third party networks.
Privacy Shield Policy
Baremetrics Inc. (“Baremetrics”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Baremetrics obtains from Customers located in the European Union and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over Baremetrics’s compliance with the Privacy Shield.
All Baremetrics employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Baremetrics receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. Baremetrics provides products and services to businesses and consumers.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. RESPONSIBLITIES AND MANAGEMENT
Baremetrics has designated the Legal Department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to PrivacyShield@Baremetrics.com.
Baremetrics will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Baremetrics personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Baremetrics has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
Baremetrics is in the process of self-certification under EU-U.S. Privacy shield. Baremetrics will renew its EU-U.S. Privacy Shield and Swiss-US Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Baremetrics will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Baremetrics will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Baremetrics may do so through its publicly posted website, Individual Customer contract, or both)
- Review its processes and procedures for training Employees about Baremetrics’s participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data
Baremetrics will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA
Baremetrics provides various solutions to its Individual Customers who purchase its products. Baremetrics collects Personal Data from Individual Customers when they purchase its products, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, Baremetrics individual customers may choose to seek live support or post to a message board.
The Personal Data that we collect may vary based on the Individual Customer’s interaction with our website and request for our services. As a general matter, Baremetrics collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Individual customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When Individual Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
For certain products, Baremetrics serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.
Baremetrics uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
- maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Individual Customer);
- satisfying governmental reporting, tax, and other requirements (e.g., import/export);
- storing and processing data, including Personal Data, in computer databases and servers located in the United States;
- verifying identity (e.g., for online access to accounts);
- as requested by the Individual Customer;
- for other business-related purposes permitted or required under applicable local law and regulation;
- and as otherwise required by law.
Baremetrics does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
V. DISCLOSURES/ ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Baremetrics discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Baremetrics may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Baremetrics may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Baremetrics and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
Baremetrics also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Baremetrics may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Baremetrics is liable for appropriate onward transfers of personal data to third parties.
VI. SENSITIVE DATA
Baremetrics does not collect Sensitive Data from its Individual Customers.
VII. DATA INTEGRITY AND SECURITY
Baremetrics uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Baremetrics has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Baremetrics’s electronic information systems requires user authentication via password or similar means. Baremetrics also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Baremetrics uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. ACCESSING PERSONAL DATA
Baremetrics personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
A. Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Baremetrics collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and Baremetrics policies. Upon reasonable request and as required by the Privacy Shield principles, Baremetrics allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting Baremetrics by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to local Baremetrics office.
B. Requests for Personal Data. Baremetrics will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Baremetrics receives a request for access to their Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Baremetrics will refer such Data Subject to the Individual Customer.
C. Satisfying Requests for Access, Modifications, and Corrections. Baremetrics will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
XII. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XIII. QUESTIONS OR COMPLAINTS
EU and Swiss Individual customers may contact Baremetrics with questions or complaints concerning this Policy at the following address:
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-U.S. and Swiss-US Privacy Shield Principles, Baremetrics commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: PrivacyShield@Baremetrics.com.
If a Customer’s question or concern cannot be satisfied through this process Baremetrics has further committed to refer unresolved privacy complaints under EU-U.S. Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism operated by the JAMS.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Baremetrics, EU and Swiss individuals may bring a complaint before the JAMS EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks program can be found at: https://www.jamsadr.com/eu-us-privacy-shield.
Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
Baremetrics commits to cooperate with EU and Swiss data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
XIV. DEFINED TERMS
“Individual Customer” means an Individual customer or client of Baremetrics from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of Baremetrics and all employee of Baremetrics where Baremetrics has obtained his or her Personal Data from such Individual Customer as part of its business relationship with Baremetrics.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Baremetrics or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
“Europe” or “European” refers to a country in the European Union.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither Baremetrics nor an Baremetrics employee, agent, contractor, or representative.