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Blackbell Privacy Policy - End users

Applying to end-users

About

You are reading the privacy policy of Blackbell, an e-commerce platform used by businesses to sell services online.

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Privacy Policy
Effective as of April 1st, 2016 
Last updated: September  30th, 2020

We at Blackbell, Inc. (“Blackbell,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information that you provide to us is used and shared. This Privacy Policy relates to our information collection and use practices when you access and use the Website, the App, or the Services (collectively, the “Blackbell Offerings”) from any Device. 
 
By visiting the Website and/or accessing or using the Blackbell Offerings, you are agreeing to be bound by the terms of this Privacy Policy and the accompanying Terms of Service, which are incorporated herein by reference. You also agree and acknowledge that you will be bound by any additional terms and conditions and/or privacy policy that participating Establishments and/or Vendors may impose, for which Blackbell is not responsible. In such case, you will be provided with such additional terms and conditions and/or privacy policy and will be required to accept them in order to access and use the Blackbell Offerings. 
 
Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

The Information We Collect and/or Receive
 
In the course of operating the Website and providing the Services, Blackbell, or third-party vendors contracted by us, will collect (and/or receive) the following types of information. You authorize us to collect, receive, use and share such information as set forth in this Privacy Policy. 
 
1. Personal Information
 
When you set up your Account or sign in to use the Blackbell Offerings with your Account, you will be prompted to provide us with, or you hereby authorize us to access from Establishments, Vendors, and our promotional partners, some personal information about you. Such Personal Information may include your first and last name, e-mail address, phone numbers, profile picture and payment methods. You may elect to use Facebook Connect or similar logins to automatically populate certain information on our registration page. If you use such third-party logins, you are authorizing Blackbell to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc. (“Facebook”) or such other third parties could provide to us through their application programming interface (“API”). Such information may include, without limitation, your first and last name, Facebook username, Facebook profile picture, unique Facebook identifier and access token, and e-mail address. All information we collect and/or receive under this section is collectively called “Personal Information.” 
 
We do not collect any Personal Information from you when you use the Blackbell Offerings unless you provide us with the Personal Information voluntarily or unless we gain access to it through Establishments, Vendors, and our promotional partners. 


2. Geolocation Information
 
Certain features and functionalities of the Blackbell Offerings are based on your location. In order to provide these features and functionalities after you sign in to the Services, we may, with your consent, automatically collect geolocation information from your Device, your wireless carrier, and/or certain third-party service providers. Such information is collectively called the “Geolocation Information.” Collection of such Geolocation Information occurs only when the Services are running on your Device. 
 
 
3. Order Information 
 
When you wish to process an order for products and/or services through the Blackbell Offerings (each, an “Order”), you must provide us with certain information about the transaction you are seeking to execute, such as your customer ID, the particular products and/or services being ordered, the time of a reservation or appointment, and/or the number of guests in a party. Such information is collectively called the “Order Information.”
 
4. Billing Information
 
In order to process your Orders, you may be required to provide certain billing information, such as information related to your PayPal account, debit card number, credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, the “Billing Information”). Such Billing Information will be collected and processed by our Third-Party Payment Vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Billing Information in connection with such Orders.

5. Other Information
 
In addition to the Personal Information, the Geolocational Information, the Billing Information, and the Order Information, we may collect or gain access to additional information (collectively, the “Other Information”). Such Other Information may include:
 
a. From You. 

Additional information about yourself that you voluntarily provide to us, such as personal interests, age, gender, product and service preferences, and other information that does not identify you directly.
 
b. From Your Activity.

 Information that we automatically collect when you use the Blackbell Offerings, including, without limitation: 
 
•       When you visit the Website, we may collect your IP address, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Website visited, etc. 
 
•       When you use the Services, we may collect the name of the Establishment in which you have authenticated and information regarding the offers from us, Establishments, Vendors, and our promotional partners.
 
•       When you use the Blackbell Offerings, we may collect information regarding the total data transferred or consumed, time logged in, and similar information.
 
c. About Your Device. 

Information we may collect about your Device, including universally unique ID (“UUID”), MAC address, operating system and version (e.g., iOS, Android or Windows), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G).
      
d. From Cookies.

Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your Device’s hard drive so that your Device will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your Device until you delete them) to help us collect Other Information and to enhance your experience using the Blackbell Offerings. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your Device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Blackbell Offerings may not function properly.
 
e. From Other Sources.

Information that we may collect or receive from Facebook, other third-party sites, Establishments, Vendors, and our promotional partners in accordance with their terms of use and privacy policies. 
 
6.            The Information Collected by or Through Third-Party Advertising Companies
 
We may share Other Information about your activity while using the Blackbell Offerings with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Blackbell Offerings, and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.
 
5.     How We Use and Share the Information  
 
You authorize us to use the Personal Information, the Geolocation Information, the Order Information, and the Other Information (collectively, the “Information”) for the following purposes. We will not use your Personal Information for purposes other than those purposes described in this Policy or disclosed to you.

To provide the Services to you. When you want to use Blackbell to sell your services or to participate in our affiliate program, we require certain information from you. Such information may include your contact, website and payment information, and information about your referrals. We share this information with our service providers or partners to the extent necessary to continue to provide you with the Services. We cannot provide you with Services without such information.
 
To send you Service-related communications. We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information to you. Without such communications, you may not be aware of important developments relating to your account that may affect how you can use our Services.
 
For identification, authentication and security. We are committed to providing you with a secure experience on our Services. To do so, we process your Personal Information to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks. Without processing your Personal Information, we may not be able to ensure the security of our Services.
 
To provide customer service. When you contact us with questions, feedback, concerns, disputes, or issues, we process your Personal Information so we can respond to you and resolve any issues. If we do not process your Personal Information, we cannot respond to your requests and ensure your continued use of the Services.
 
To solicit your feedback
 
To engage in marketing activities. We may send you marketing communications to inform you about relevant products and services and new features; to deliver targeted marketing; to provide you with promotional offers; or to inform you about our events, webinars or materials, including those of our partners. We process information about your usage of our Services and your contact information to provide marketing communications. You can opt-out of our marketing communications at any time.
 
To conduct research and development. We pride ourselves in being innovative and continuing to offer you new, customized or improved features on our Services. In order to do so, we process your Personal Information to better understand you and the way you use and interact with our Services. Without such processing, we cannot ensure your continued enjoyment of part or all of our Services.
You also authorize us to use and/or share Information as described below.
 
Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfilment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
Aggregated Information. In an ongoing effort to better understand our Visitors, and Customers, we may analyze Personal Information with Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Website and the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Website and the Services to current and prospective business partners and to other third parties for other lawful purposes.
 
Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
 
Legal Requirements. We may disclose your Information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Website, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of vendors, users of the Website or the public. 
 
6.     Accessing and Modifying Information and Communication Preferences
 
You may access, remove, review, and/or make changes to your Personal Information by signing up to their account or by e-mailing us at privacy@blackbell.com. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Blackbell marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. Customers cannot opt out of receiving transactional e-mails related to their account with Blackbell. 
 
7.     How We Protect the Information
 
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. 

You are also responsible for the security of your Personal Information. You should choose a password of sufficient length and complexity when you use our Services, and keep your password confidential. If you think there has been unauthorized access to or use of your account, please contact us immediately at privacy@blackbell.com.

 
8.     External Websites
 
The Website may contain links to third-party websites. Blackbell has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
 
9.     Children 
 
We do not knowingly collect Personal Information from children under the age of 16 through the Website. If you are under 16, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.
 
10.     Important Notice to Non-U.S. Residents
 
The Website and the Services are aimed at customers who are essentially based in France, the European Union and in the United States. Any information you provide to us, including without limitation, any Personal Information, will be stored on the servers located in the European Union. We will use your information (including, any Personal Information) solely as necessary for the performance of a contract between us and you, such as for the provision of our Services pursuant to our License Agreement. 
 
11.   California Residents
 
Under California Civil Code Section 1798.83, California residents who have an established business relationship with Blackbell may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to privacy@blackbell.com with “Privacy Policy” in the subject line or write to us at:
 
Blackbell, Inc.
Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808, United States
 
In addition, Blackbell does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

12.   General Data Protection Regulation (GDPR)

EU Residents

If you are a resident of the European Union ("EU"), United Kingdom, Lichtenstein, Norway, or Iceland (collectively “Designated Countries”) you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined below.
To the extent any part of this section conflicts with the terms in other parts of the Privacy Policy, the terms of this section will apply to EU residents of Designated Countries. 

Our role

For this section, we use the terms "Personal Information" and "processing". "Personal Information" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with information such as collection, use, storage and disclosure. Company will be the controller of your Personal Information processed in connection with the Services. 
Note that we may also process Personal Information of our Customers' End Users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Information. Blackbell is not a data controller with respect to any Personal Information processed about Customer End Users. Customers control how they use Customer End User information obtained via the use of Blackbell's Services. It is your responsibility to ensure you are processing Customer End User information in compliance with applicable laws

Legal bases for processing Personal Data

We describe our legal bases for processing in Section 4 (“How We Use and Share the Information”) of this Privacy Policy. We may process your Personal Information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, as necessary to protect your vital interests, as necessary to process in the public interest, or for our legitimate interests to protect our property, rights or safety of Blackbell, our employees, our customers or others.

Marketing

If you are located in the Designated Countries and are a current Blackbell User or Customer, we will only contact you by electronic means (such as email or SMS) in accordance with your communication preferences and/or with information about our Services that are similar to the Services you previously purchased from us or negotiated to purchase from us.
For new Users or Customers located in the Designated Countries, we will contact you by electronic means for marketing purposes only as permitted under applicable law or subject to your consent to receiving such communications from us.

You can always withdraw your consent or change your marketing communication preferences. To opt out of the emails, please click the “unsubscribe” link in the footer of marketing emails or contact us at privacy@blackbell.com. You can object to our marketing communications at any time and free of charge. Direct marketing includes any communications to you that are only based on advertising or promoting products and services; it does not include transactional or Service-related communications.

Individual Rights

Blackbell complies with the Data Protection Laws by ensuring you have the rights described below when you use our Services. To exercise your rights, please contact us at compliance@blackbell.com so that we may consider your request under applicable law. When we receive an individual rights request via email we may take steps to verify your identity before complying with the request to protect your privacy and security.

Please be advised that there are limitations to your individual rights. We may limit your individual rights: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; © to protect our rights and properties; and (d) where the request is frivolous or burdensome.

Right to withdraw consent. When we collect Personal Information from you on the basis of consent, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of Blackbell’s processing based on consent before your withdrawal.
Right of access and rectification. You have a right to request a copy of your Personal Information that we have on file. We will provide you with a copy without undue delay and free of charge, except where we are permitted by law to charge a fee for providing you with access to your Personal Information. We may limit your access if such access would adversely affect the rights and freedoms of others. You may also request us to correct or update any of your Personal Information held by us that is inaccurate.
Right to data portability. If we process your Personal Information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your Personal Information in a structured, commonly used and machine-readable format, and to have us transfer your Personal Information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.
Right to erasure. You may request us to erase any of your Personal Information that:
is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
was collected in relation to processing that you previously consented to, but later withdrew such consent; or
was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing.
Right to restriction. You have the right to restrict our processing your Personal Information where one of the following applies:
You contest the accuracy of your Personal Information that we processed. In such instances, we will restrict processing during the period necessary for us to verify the accuracy of your Personal Information.
The processing is unlawful and you oppose the erasure of your Personal Information and request the restriction of its use instead.
We no longer need your Personal Information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims.
You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights.
Restricted Personal Information shall only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if the restriction is lifted.
Right to object to processing. If we process your Personal Information on the legal basis of consent, contract or legitimate interests, you may object to such processing at any time, as permitted by applicable law. We can continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
Notification to third-parties processing your Personal Information. If we share your Personal Information with third parties, we will communicate any rectification, erasure or restriction of your Personal Information to each third party that has received your information, unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties.
Retention. We will try to limit the retention of your Personal Information to the length of time necessary to serve the purpose(s) for which your Personal Information was processed, to resolve disputes, enforce our agreements, and as required or permitted by law. While retention requirements can vary by country, we generally apply the retention periods described below.
Contact Information. For example, your name, email address and telephone number as used for marketing purposes is retained on an ongoing basis until you unsubscribe. Once you unsubscribe, we add your contact information to our suppression list indefinitely to ensure we respect your unsubscribe request.
Interactions and Content. For example, support tickets, and other content may be kept indefinitely after you close your account for the establishment or defense of legal claims, audit and crime prevention purposes.

If you have any questions, you may reach our Data Protection Officer at compliance@blackbell.com
 
13.   Changes to This Privacy Policy
 
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Website. By accessing the Website and/or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis. 
 
14.   How to Contact Us
 
If you have questions about this Privacy Policy, please contact Blackbell via e-mail at privacy@blackbell.com with “Privacy Policy” in the subject line. 
 
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