BigLever Privacy Policy

BigLever respects your privacy and is committed to protecting it through our compliance with this policy. As used in this Privacy Policy, “BigLever,” “we” and “us” refers to BigLever, Inc. and each of its subsidiaries and affiliates.

This policy describes the types of information we may collect from you or that you may provide when you visit the website located at www.biglever.com, any of our social media sites, or any other online site hosted or managed by us (collectively, the “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect on the Sites and in email, text, and other electronic messages between you and the Sites. It does not apply to information collected by us offline or through any other means, including on any website operated by any third party or by any third party that may link to or be accessible from or on the Sites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Sites. By accessing or using the Sites, you agree to the terms of this privacy policy. This policy may change from time to time as described below. Your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check this privacy policy periodically for updates.

1. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information;
• Information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from our users within the last twelve (12) months:

We collect this information:

• Automatically as you navigate through the Sites, which information may include usage details, IP addresses, and other information collected through cookies, web beacons, and other tracking technologies;
• When you purchase, order, return, exchange or request information about our products and services while using the Sites;
• When you participate in interactive features on the Sites;
• When you sign up for our e-mails, mobile messages, or social media notifications;
• When you enter a contest or sweepstakes, respond to one of our surveys, or participate in a focus group;
• when you provide us with comments, suggestions, or other input; and
• Directly from you when you otherwise provide it to us.

The types of personal information we collect depend on your level of engagement with the Sites. The higher the level, the more personal information we require to provide our services.

Personal Information We Collect Across All Sites

We automatically receive and record personal information whenever you interact with the Sites. This includes IP address data from our server logs, cookie information, the pages you request, and the URL of the site you visited before the Sites. If you use our mobile applications (“App Users”), we also collect the user resettable mobile device ID (such as the ID for Advertising on iOS and Android ID on Android) and your geo-location information so that we can interact with you to provide geo specific information. Your IP address serves the same function if you are using our website. If you want to turn off our access to your geo-location, you can modify “location services” within your iOS or Android device settings.

Personal Information We Collect From Our Users

When you sign up for our newsletter, we collect certain personal information from you. This personal information can include, without limitation, your name, address, phone number and email address.

2. How We Use Your Personal Information

We use your personal information to provide you with marketing emails and other information we think may be of benefit to you, such as BigLever-related news, surveys or promotions. If you do not want to receive alerts or marketing email from us, please click the unsubscribe link in the bottom of the unwanted email.
We also use personal information that we collect about you or that you provide to us, including any personal information, to:

• Fulfill and manage requests for information;
• Deliver newsletters, emails and mobile messages including, for example, by push notification or other mobile communications;
• Send marketing communications and other information regarding products, services and promotions;
• Improve the effectiveness of the Sites, website, stores, mobile experience and marketing efforts;
• Conduct research and analysis;
• For any other purpose with your consent.

3. Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our personnel in the normal course of business
• To our affiliates, in which case we will require our affiliates to honor this privacy policy;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Sites’ users is among the assets transferred;
• To third parties for purposes of marketing our products or services that may be of interest to you, in which case we may combine the information that you give us and information about your site usage with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources and, when we disclose your information to these third parties, they are not allowed to use your information for any purpose other than supporting and promoting our Sites;
• With certain business partners to provide requested services that we do not provide directly;
• To fulfill the purpose for which you provide it; and
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce or apply our terms of use; and
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others.

We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction.

In the preceding twelve (12) months, we have not disclosed or sold personal information.

4. Our Use of Tracking Technology

The technologies we use for this automatic data collection may include:

Cookies:

We put cookies on your computer to help us keep track of when you were last on our Sites, and what you last searched on the Sites.

Third-Party Cookies for Website Use Analysis:

We use third parties, such as Google and other 3rd party sites, to help us analyze how people are using the Sites, and those third parties are authorized to use cookies and other tracking technologies to access personal information of visitors to the Sites. We use the Google Analytics Advertising service to provide us with demographic data about our users on an anonymous basis, and that Google service uses a cookie that can be recognized by Google or its affiliate DoubleClick when you visit other websites.

5. Your Right to Opt-Out

Opting Out of Targeted Advertising:

If you do not wish to have us collect, use and share information about you to deliver targeted online advertising, please email us at the email address provided below. Please note that most opt-out mechanisms are cookie-based and will only affect the specific computer and browser that is used to submit an opt-out request. If you have multiple computers or change computers, or use multiple browsers, you will need to submit opt-out requests for each such computer or browser. In addition, if you delete, block or otherwise restrict cookies, you will need to renew your opt-out choices to ensure that any opt-out cookies remain effective.

Opting Out of Mobile Device ID Tracking:

If you use a mobile device, you may reset the identifier or opt-out of receiving interest based ads in your mobile apps. Android Users will need to open the “Google Settings” or “Settings” App -> Accounts -> Ads -> and check the option “Opt out of interest-based ads.” You may also reset the Android advertising ID to a new randomly generated subpoena by tapping “Reset advertising ID.” Apple iOS users may turn off ad tracking using the Apple ID for Advertising by navigating through the following screens: Settings -> Privacy -> Advertising. On the Advertising screen, you may tap “Limit Ad Tracking” to opt out of receiving ads targeted to your interest, or you may reset your advertising ID.

Opting Out Generally:

The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt-out of having your online behavior collected for advertising purposes (for example, serving BigLever ads to you on Facebook), email us at the email address provided below for instructions. Choices you make are both browser and device-specific. This means that, for example, if you opt out when using Safari on your phone, you will not be opted out on Firefox or on your laptop.

6. Our Retention of Your Information

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. Our Protection of Your Information

We store the information we collect from you in the United States. If you are located outside the United States and choose to use our Sites, we may store and process the information you provide to us in the United States. We take appropriate administrative, physical and electronic measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will attempt to protect your personal information, transmission of personal information to and from the Sites is at your own risk. You should only access the Sites within a secure environment.

8. Children

The Sites are intended for use by adults. The Sites are not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the Site. If a child under the age of thirteen has provided us with personal information, we ask that a parent or guardian contact us at the email address provided below. Please mark your inquiries “COPPA Information Request.”

9. Updating Personal Information

Based on the laws of some jurisdictions, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us at the email address provided below. We will respond to your request within 30 days.

Upon your request to delete information we have stored about you, we will delete your information. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

10. Do Not Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

11. Notices for California Residents

This Section 12 applies to all users who reside in the State of California and is adopted to comply with the CCPA. This Section does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information;
• The specific pieces of personal information we collected about you (also called a data portability request);
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code ? 1546 seq.);
• Debug products to identify and repair errors that impair existing intended functionality;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at the number provided below; or
• Sending us an email at the address provided below.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent please e-mail us at the email address provided below and provide your name and phone number as well as the authorized agents’ name and contact information (phone number or email address) and let us know what the scope of the authorized agents’ rights are to act on your behalf. If your authorized agent requests sensitive information about you then we may ask you to provide us with a sworn declaration to further verify your identity.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your full name, email address, phone number and zip code.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We attempt to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unreasonable. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

“Shine the Light” Law

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

12. Updates to This Policy

We may update this privacy policy at any time and from time to time. The updated version will be indicated by an updated “Last updated” date below and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

13. Contacting Us

If you have questions regarding this privacy policy or wish to obtain additional information, please send an e-mail to our Data Protection Officer at legal@biglever.com. You can also write to us at: BigLever Software, Inc., 10500 Laurel Hill Cove, Austin, Texas 78730 or call us at +1-512-777-9552.

Last updated: July 21, 2022