Privacy Policy

Last Updated: Dec 18, 2022

We at Bleakers LTD (“Bleakers,” “Company”, “we,” “us,” “our”) know you care about how your personal information is used and shared, and wetake your privacy seriously. Please read the following to learn moreabout our Privacy Policy. By using or accessing Bleakers’s site or services (collectively “Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby acknowledge and agree that we will collect, use, and share your information in the ways described in this Privacy Policy.

Table of contents

1. What does this privacy policy cover?
2. Sources of personal data
3. Categories of personal data we collect
4. How we use your personal data
5. How we share your personal data
6. Will Bleakers ever change this privacy policy?
7. What if I have questions about this policy?

What does this privacy policy cover?

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Sources of personal data

We collect Personal Data about you from:

You

• when you provide such information directly to us, and
• when Personal Data about you is collected in connection with your use of our Services

Third parties, when they provide us with Personal Data about you or from whom we obtain Personal Data about you (“Third Parties”). These Third Parties include:

• Service providers. For example, we may use analytics service providers to analyze how you interact and engage with the Services.
• Third party websites. For example, we may use your information that is generally available on social media or networking websites for our outreach purposes (always in accordance with applicable law).

Categories of personal data we collect

Where you are a prospective user of our Services but not yet a user, we may collect your contact information and use this for marketing purposes. We will only ever do this in accordance with applicable law.

Where you are a user of our Services, we will process the Personal Data which you (or your users) provide to us through your use of the Services or which we collect arising from your use of our Services. This Personal Data will fall into one of the following three categories:

1. Contact information and other customer account information that we will use for administering our relationship with you (or your users). This will include details such as your (or your users) name, business telephone number, business e-mail address, position, function, location and account information (e.g. name and log-in credentials) (together, “Contact Information”).
2. Personal Data in the content you transmit through our services. This means Personal Data in information submitted by you or on your behalf or (if applicable) your clients or users while using our Services, including but not limited to Personal Data about your clients and your business (together, “Customer Content”). We are not in control of the Customer Content that you (or your users) choose to use or transmit when using our Services. You are responsible for ensuring that suitable safeguards and consents are in place prior to transmitting any Customer Content to us, or prior to permitting your users to transmit any Customer Content via our Services. You are also responsible for ensuring that your users only use our Services in accordance with the applicable terms of use (which include restrictions on the types of information which can be submitted to our Services and how our Services may be used).
3. Personal Data arising from usage information relating to the use of our Services (such as action logs) and information or data derived from our monitoring or oversight of the Services such as statistical and performance information and data on how the Bleakers platform is utilized by users, including data which is collected automatically (together, “Account Data”). Note that we may aggregate and anonymise Account Data so that it is no longer Personal Data. Such aggregated and anonymised data is not subject to the terms of this Privacy Policy.

We will never actively collect special categories of Personal Data about you or your users. Special categories of Personal Data includes information which reveals an individual’s race or ethnic origin, political opinions or religious or philosophical beliefs, membership of a trade union, physical or mental health, the processing of genetic or biometric information for the purposes of uniquely identifying an individual, and information about sexual life or sexual orientation or criminal convictions and offences. Where you (or your users) choose to include such special categories of Personal Data in Customer Content you are responsible for ensuring that all applicable legal requirements and safeguards have been complied with.

The following section provides additional information about how we collect your Personal Data.

Information collected automatically

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential cookies. Essential cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.

• Functional cookies. Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

• Performance/Analytical cookies. Performance/Analytical cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. For example, Google, Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of cookies by visiting the Google advertising opt-out page at www.google.pro/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.pro/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu.

To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.

How we use your personal data

We only use your Customer Content:

-To the extent necessary to provide our Service to you.

-To comply with our legal or contractual obligations, resolve disputes, and enforce our terms of use and any related documents.

-To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.

-If required by applicable law, to respond to law enforcement requests, court order, or governmental regulations.

You may use your own Customer Content (including sharing it with third parties) at your discretion through our Services (subject to relevant agreements you have with us, such as our terms of use). Your own use of your own Customer Content is your responsibility.

We process Account Data and Contact Information to operate, improve, understand and personalize our Services. We use such Personal Data for the following purposes:

• To meet or fulfill the reason you provided the information to us.
• To communicate with you about the Services, including Service announcements, updates or offers.
• To provide support and assistance for the Services.
• To create and manage your Account or other user profiles.
• To personalize website content and communications based on your preferences.
• To process orders or other transactions.
• To respond to user inquiries and fulfill user requests.
• To improve and develop the Services, including testing, research, analysis and product development.
• To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
• To comply with our legal or contractual obligations, resolve disputes, and enforce our terms of use.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To aggregate and anonymise it so that it is no longer Personal Data.
• For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

As noted in the list above, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our Services. If you do not want to receive communications from us, please indicate your preference by emailing us at [email protected].

How we share your personal data

We will only disclose Customer Content to service providers and other parties for the following business purposes:

• Where you ask us to, or you choose to through the use of our Services.
• To third party service providers if necessary to provide or protect our Services or to enforce our terms of use.
• If we are required to in order to respond to law enforcement requests, court order, or governmental regulations (in all cases, in accordance with applicable law).
• If necessary where we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

We may disclose your Account Data and Contact Information to service providers and other parties for the following business purposes:

• Auditing related to a current interaction and concurrent transactions, including, but not limited to, auditing compliance with this specification and other standards.
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• Debugging to identify and repair errors that impair existing intended functionality.
• Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
• Performing services on our behalf, including processing payments, providing analytic services, providing marketing services, or providing similar services on behalf of the business or service provider.
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of a service or device that we own, manufacture, was manufactured for us, or control.

We disclose your Personal Data to the following categories of service providers and other parties:

1. Service Providers, including:

   -Payment processors.

   -Security and fraud prevention consultants.

   -Hosting and other technology and communications providers.

   -Analytics providers.

   -Staff augmentation and contract personnel.

2. Parties who acquire your Personal Data through an acquisition or other change of control.

   -Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

3. Other parties at your direction.

   -Third-party business partners who you access through the Services.

   -Other parties authorized by you.

Data security and retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. These measures are set out in the security terms and/or security practices data sheet which are applicable to the Services provided to you as published on Bleakers’s website from time to time.

It is important to note that you have responsibilities in relation to the protection of your Personal Data also. These will be included in your (or your company’s) agreement with Bleakers. At a minimum these will include that you should help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally and therefore ceases to be Personal Data.

Personal data of children

We do not knowingly collect or solicit Personal Data from children under 16; if you are a child under 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at [email protected]..

California resident rights

If you are a California resident, you have the rights outlined in this section. Please see the “Exercising your rights” section below for instructions on exercising these rights.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected].

Sales of personal data

You have the right to request certain information about the Personal Data we may have collected from you and how we used that Personal Data over the past 12 months. We will provide you with the following information:

• The categories of Personal Data that we collected about you.
• The categories of sources from which we collected that Personal Data.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.

Deletion

You have the right to request that we delete the Personal Data that we collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising your rights

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it.

Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.

If your request addresses Personal Data contained in unencrypted Customer Content submitted to our Services by another user, then we may redirect your Valid Request to that user. Notwithstanding the foregoing, we are incapable of responding to requests addressing Personal Data contained in encrypted Customer Content as such encryption is implemented and controlled by the applicable user.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request using the following methods:

Call us at: +1 (628) 268-4589

Emailing us at: [email protected]

We will not discriminate against you for exercising your rights under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Other state law privacy rights

California resident rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at [email protected].

Nevada resident rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

European data subject rights

European Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”), or similar legislation in the non-EU jurisdictions mentioned, with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.

Bleakers will be the controller of your Personal Data processed in connection with the Services provided that that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected].

Personal data we collect

The “Categories of personal data we collect” section above details the Personal Data that we collect from you.

Personal data use and processing grounds

The “How we use your personal data” section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

1. Contractual necessity.We process Customer Content and Contact Information as a matter of “contractual necessity”, meaning that we need to process the data to perform and deliver the Services that you (or your company) has contractually requested that we provide. The processing of Customer Content and Contact Information is necessary in order to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

2. Legitimate interest.We process Account Data and certain elements of Contact Information when we believe it furthers the legitimate interest of us or third parties.

   Examples of these legitimate interests include:

   • Operation and improvement of our business, products and Services
   • Marketing of our products and Services (where all such marketing is done in accordance with applicable law)
   • Provision of customer support
   • Protection from fraud or security threats
   • Compliance with legal obligations
   • Completion of corporate transactions

3. Consent.Where required by applicable law we may get your consent to provide marketing material to you. Where this applies we will process the relevant Personal Data based on such consent that you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

4. Other processing grounds.From time to time we may also need to process some elements of the Contact Information, the Customer Content and/or the Account Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest. When this the case will depend on the specific circumstances at the time.

Data retention

We only retain your Personal Data for as long as necessary for the purpose for which we collect it.

Cookies

Where applicable law in the EU, United Kingdom, Lichtenstein, Norway, or Iceland requires, you can decide not to accept certain cookies, or manage which cookies are used, via the functionality that we make available to you when you use our Services.

Sharing personal data

The “How we share your personal data” section above details how we share your Personal Data with third parties.

EU data subject rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at [email protected]. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

1. Access. You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

2. Rectification. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

3. Erasure. You can request that we erase some or all of your Personal Data from our systems.

4. Withdrawal of consent. If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

5. Portability. You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

6. Objection. You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

7. Restriction of processing. You can ask us to restrict further processing of your Personal Data.

8. Right to file complaint. You have the right to lodge a complaint about Bleakers’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of personal data

1. The Services are hosted and operated in either the United States (“U.S.”), the European Union (“EU”) or Australia through Bleakers and its service providers. Which one of these jurisdictions your Services are hosted and operated from will depend on where the customer party for the purposes of the relevant Services is based.

2. If you are an EU or UK based customer (or the end user of such a customer) then we may, in limited circumstances, transfer your personal to the US (for example, for the purposes of support). Where we transfer your information to outside the EU, we do so in accordance with EU data protection law. These transfers are necessary for the management of Bleakers’s operations. Bleakers relies on Standard Contractual Clauses which have been approved by the European Commission. In certain limited circumstances, we may use derogations, such as the contractual necessity derogation, where appropriate to process personal information, when there are no other data transfer mechanisms applicable.

3. You can request a copy of our Standard Contractual Clauses by emailing [email protected].

Mobile terms of service (Shortcodes)

1. When you opt-in to the service, we will send you an SMS message to confirm your signup.

2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency with which you receive messages will vary depending on how you interact with our demo. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected].

6. If you have any questions regarding privacy, please read the rest of our privacy policy, or send a message to [email protected].

Will Bleakers ever change this privacy policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

What if I have questions about this policy?

If you have any questions or concerns regarding this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such use, please do not hesitate to contact us at:

• +1 (628) 268-4589
• [email protected]
• [email protected]

20-22 Wenlock Road, London, N1 7GU, UK