Privacy Policy and Notice

Last Updated June 6, 2019

 

Bright Machines, Inc. (“Bright Machines,” “we,” “us,” or “our”) and its subsidiaries and affiliates, is committed to protecting your privacy. This Privacy Policy and Notice (“Privacy Policy”) explains how we collect, process, share, and use personal information about you, and how you can exercise your privacy rights. For the purposes of this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable individual.

Our Privacy Policy explains how Bright Machines collects and uses the Personal Data of visitors to our website.

 

1. PERSONAL DATA WE COLLECT

When you contact us or interact with our website (the “Site”) we may collect Personal Data that alone or in combination with other information could be used to identify you as follows:
Customer Account and Inquiries:  If you are a Customer or prospective Customer (or a representative or employee), we collect and process your Personal Data when you (i) visit the Site or make a request to receive information about our Services, including to book a demo, (ii) contact our sales team or customer support team, (iii) sign up for a Bright Machines account and use the Services or (iv) express your interest in employment by our company. The Personal Data we collect may include your first and last name, job title, company name, email address, mailing address, password to access your Customer portal, payment and billing information, phone number, country location.
Information We Collect Through Our Social Media Pages: We have pages on social media sites like Facebook, Twitter, and LinkedIn (“Social Media Pages”). We may collect Personal Data from you when you interact with our Social Media Pages, such as the Facebook “like” button, the “Tweet” button and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our website from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our website with your social media profile.

Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.

Information We Receive From Your Use of the Site: When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Site, peak hours of visits, which page(s) are visited on our Site, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and Site-navigation pattern. In particular, the following information is created and automatically logged in our systems:

  • Log data: Information (“log data”) that your browser automatically sends whenever you visit the Site. Log data includes your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Site), browser type and settings, the date and time of your request, and how you interacted with the Site.
  • Cookies, Pixel Tags and similar technologies: Please see the “Cookies and Other Technologies” section below to learn more about how we use cookies and other technologies.
  • Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Information: We collect information about how you use our Site, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

 

2. HOW WE USE INFORMATION

We use Personal Data for the following purposes:
As necessary for certain legitimate business interests, and other bases  which include the following:

  • To respond to inquiries, comments, feedback or questions;
  • To send administrative or account related information to you, for example, information about the Site or Services, and changes to our terms, conditions, and policies;
  • To analyze Site usage and provide, maintain and improve the content and functionality of the Site. For example, we regularly fix bugs and User experience issues. We use cookies and similar technologies to analyze how users interact with our Site. And that analysis can help us improve the Site;
  • To conduct analytics to inform our marketing strategy, to advertise and enable us to enhance and personalize the experience we offer to our customers;
  • To prevent fraud, criminal activity, or misuses of our Site and to ensure the security of our IT systems, architecture and networks;
  • To share information between our group companies;
  • To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, customers, or other third parties; and
  • If you ask us to delete your data and we are required to fulfill your request, we will keep basic data to maintain a record of your request, our response to it and prevent further unwanted processing.

For information about what we mean by legitimate interests and the rights of individuals, please see the “Your Rights” section below.

Marketing. We may contact you to tell you about services we believe will be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. Where required by law, for example if you are in the EU, we will only send you marketing information if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing messages you receive by updating your settings. In addition, if at any time you do not wish to receive future marketing communications, please contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.

 

3. SHARING AND DISCLOSURE OF INFORMATION

We do not sell or otherwise disclose Personal Data we collect about you, except as described in this Website Privacy Policy or as we disclose to you at the time this information is collected. In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

  • Third Party Vendors and Service Providers: We authorize these service providers to use or disclose the information only as necessary to perform services on behalf of Bright Machines (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website). To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with providers of hosting, marketing, and sales/customer relationship management services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of Users of the Site, or the public, or (v) protect against legal liability.

 

4. LINKS TO OTHER WEBSITES

The Site may contain links to other websites not operated or controlled by Bright Machines (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

 

5. COOKIES AND OTHER TECHNOLOGIES

Cookies are small data files that are placed on your computer or mobile device when you visit a website and are designed to store basic information (such as visitor preferences). Cookies serve a number of purposes like letting you navigate between pages efficiently, remembering your preferences, interests or log in details, and generally improving your experience. 

Cookies set by the website owner, in this case, Bright Machines, Inc. at brightmachines.com are called "first party cookies".  Cookies set by parties other than the website owner are called "third party cookies".  Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics).  The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites.   Third parties serve cookies through our Websites for website optimization, analytics, content targeting, advertising and targeted advertising, and other marketing purposes, some of which is described in more detail below.

The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Website you visit).

You can control the use of cookies at the individual browser level, but choosing to disable some or all cookies may limit your use of certain features or functions on our website.

We also use web beacons on our websites and in email communications. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our website. Such technologies are used to operate and improve our website and email communications. The following describes how we use different categories of cookies and similar technologies and your options for managing the data collection settings of these technologies:

 

Types of Cookies

Description

Managing Settings

Essential Website cookies

These cookies are strictly necessary to navigate our website and use its features, such as accessing secure areas of the website. If you have chosen to identify yourself to us, we may place on your browser a cookie that allows us to uniquely identify you when you are logged into the websites and to process your online transactions and requests. Without these cookies, basic functions of our website would not work.

Because these cookies are strictly necessary to deliver the website and the services, users cannot refuse them.

Users can block or delete these cookies by changing the browser settings as described below on “How can I control cookies?”

Performance and Functionality cookies

These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use.  However, without these cookies, certain functionality (like videos) may become unavailable.

To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”

Alternatively, please click on the relevant opt-out link below.

Analytics cookies

These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective marketing campaigns are. These cookies also link back to your individual information if you have signed up for our newsletter or shared your Personal Data.

To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”

Alternatively, please click on the relevant opt-out link below.

Advertising cookies

These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”
Alternatively, please click on the relevant opt-out link below.

Social Media cookies

These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites.  These cookies may also be used for advertising purposes too on social media networks such as Facebook, Instagram, Twitter and LinkedIn.

To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”
Alternatively, please click on the relevant opt-out link below.

 

Website Cookies
Further Details on our specific use of cookies are contained in the following table:

 

Purpose

Who Provides the Cookie?

Settings and Opt Out

Advertising and Social Media

Facebook

https://www.facebook.com/policies/cookies/

Advertising and Social Media

LinkedIn

https://www.linkedin.com/legal/cookie-policy?trk=%7Berror-page%7D-cookie-policy

Advertising and Social Media

Twitter

https://twitter.com/personalization

Advertising and Social Media

You Tube

https://policies.google.com/privacy?hl=en

Analytics

Double Click

https://policies.google.com/privacy?hl=en

Analytics

Google Analytics

https://policies.google.com/privacy?hl=en
To opt out from data collection by Google Analytics, you can download and install a browser add-on, which is available here.
To learn how to control functional cookies via your individual browser settings, click here.
To learn how to manage privacy and storage settings for Flash cookies, click here.

Analytics

Marketo

https://documents.marketo.com/legal/privacy/

Analytics and Advertising Drip CRM https://www.drip.com/privacy

Analytics, and Advertising

HubSpot

https://legal.hubspot.com/cookie-policy

Analytics and Advertising

Google AdWords

https://policies.google.com/technologies/ads

Analytics and Advertising

MailChimp

https://mailchimp.com/legal/cookies/

Analytics and Advertising

Salesforce

https://www.salesforce.com/company/privacy/full_privacy/

Analytics and Advertising

Unbounce

https://unbounce.com/privacy/

Analytics and Performance and Functionality CrazyEgg https://www.crazyegg.com/privacy

Analytics and Performance and Functionality

Vimeo

https://vimeo.com/privacy

Analytics and Performance and Functionality

Wistia

https://wistia.com/privacy

 

Web beacons

Cookies are not the only way to recognize or track visitors to a website.  We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs").  These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or opened an e-mail that we have sent them.  This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns.  In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Flash Cookies

Our Website may also use so-called "Flash Cookies" to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Targeted Advertising

 

How can I control cookies?

You have the right to decide whether to accept or reject cookies.  You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted.   As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising.  If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

 

6. YOUR CHOICES

Whether or not you provide Personal Data to us is completely up to you, but if you choose not to provide information that is needed to process your orders or to use some features of our Site, we may be unable to process your orders or you may be unable to use those features. You can also contact us to access, update, correct, or remove your Personal Data from the Site.

 

7. SECURITY

We care about the security of your Personal Data and take appropriate steps including technical and organizational measures to comply with industry standards to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. For example, we use available technology and other techniques to implement systems like firewalls, and we may use encryption as appropriate to secure data we store. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Site or email. Please keep this in mind when disclosing any Personal Data to Bright Machines via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Site, the Services, or third party websites.

 

8. INTERNATIONAL TRANSFER

Bright Machines world headquarters is in the United States. If you are accessing our Site from the EU or other regions with laws governing data collection and use, please note that in so doing you may be transferring your Personal Data to the United States for the purposes described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). We may transfer such data to the United States, and do so in accordance with Chapter V of EU’s General Data Protection Regulation, including on the basis of standard contractual clauses, or, in the case of Israel and certain other countries in which we may be located, based on the EU Commission’s determination of the recipient country’s data protection. Some of our service providers (such as Amazon Web Services) are certified to the Privacy Shield frameworks operated by the US Department of Commerce for transfer of Personal Data from the EU and Switzerland, as applicable, to the United States. The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Data out of the EU we will take steps to ensure that your Personal Data receives an adequate level of security protection where it is processed and your rights continue to be protected. For more information, please contact us as described below.

 

9. DATA RETENTION

We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

 

10. EU INDIVIDUALS

Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland and the United Kingdom).

Roles. Data protection laws in the EU differentiate between the “data controller” and “data processor” of Personal Data. Bright Machines is the data controller for the processing of Personal Data obtained through the Site, and may be the controller for Personal Data obtained through our Social Media Pages, depending on the terms of the platform, through third-party databases, and with respect to other Personal Data which we process for legitimate business purposes which may include billing, account management, technical support, product development and sales and marketing.

You can find our contact information in the “Contact Us” section below.

Your Rights Relating to your Personal Data

You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EU, these rights may include:

  • Right of access: If you ask us, we will, where required by law confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your Personal Data is inaccurate or incomplete, you may be entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent, if processing is based on consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Rights in relation to automated decision-making: You have the right to be free from decisions based solely on automated processing of your Personal Data (including profiling) which produce a significant legal effect on you, unless this is necessary in relation to a contract between you and us or you provide your explicit consent to this use.]
  • Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
    • If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or
    • If we are processing your Personal Data for direct marketing. You can opt-out of marketing communications exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.  To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us at [email protected].
  • Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns

Please see the “Contact Us” section below for information on how to exercise your rights.
Legitimate Interest. “Legitimate interests” means our interests in conducting our business, and as applicable to our Customers, fulfilling the obligations under our customer contracts and managing and delivering the best services. It also refers to our Customers’ and job seekers’ interested in engaging with each other. This Privacy Policy describes when we process Personal Data for our legitimate interests, what these interests are and Your Rights. We will not use your Personal Data for activities where the impact overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

 

Other Information:

 

1. CHILDREN

The Site and the Services are not directed to children who are under the age of 16. Bright Machines does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to Bright Machines through the Site or Services please contact us and we will endeavor to delete that information from our databases.

2. CALIFORNIA PRIVACY RIGHTS DISCLOSURES

Do Not Track Signals: Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

3. CHANGES TO THE PRIVACY POLICY

The Site, the Services, and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do, we will post an updated on the Site, unless another type of notice is required by the applicable law. By continuing to use the Site or otherwise providing us with Personal Datayou indicate your agreement to the revised Privacy Policy and practices described in it.

4. CONTACT US

If you have any questions about our Privacy Policy or the information practices of the Site, please feel free to contact us at [email protected] or at the mailing address below.

Bright Machines, Inc.
ATTN: Legal Dept.
585 Howard Street
San Francisco, CA 94105 USA

You may contact our Data Protection Officer at [email protected].