2. Acknowledgment and Consent
Personal Information does not include your de-identified Personal Information, pseudonymized, anonymized, aggregated, and/or otherwise processed to be unidentifiable in such a way that the data can no longer be attributed to a specific individual (by reasonable means) without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual such that one could not, using reasonable efforts, link such information back to a specific individual (collectively, all of the foregoing in this sentence being referred to as “De-Identified Personal Information”).
4. Individuals under the age of 16
We do not knowingly collect, solicit or maintain Personal Information from anyone under the age of 16 or knowingly allow such persons to register for our Services. If you are 16 years old or under, please do not send any Personal Information about yourself (such as your name, address, telephone number, or email address) to us. If we learn that we have collected Personal Information from a child age 16 or under without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database. Please contact us if you have any concerns.
6. Personal Information We Collect
We collect several categories of Personal Information from and about you as summarized in the following:
• First and last name
• Email address
• Postal address
• Unique personal identifier, e.g.: customer/account name or number, phone number, and mobile device identifiers
• Birth date
• National origin, country of residence
Characteristics of protected classifications under other California or federal law:
• Browsing, session, interaction, and search history related to our Website
• Internet Protocol (or IP) address, protocol, and sequence information
• Browser language and type
• Domain name system requests
• Material and pages viewed
• Time and date of access to the Services
• Number of bytes transferred
• Number of clicks per visit
• Operating system and platform, device type and device identifiers
• Hypertext transfer protocol headers, application client and server banners, and operating
• System fingerprinting data
• MAC address, device ID/UDID, or similar device-specific code
• Physical location or movements
• Inferences drawn from any of the above to create a profile of a consumer:
• Person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
• Browser language and type
• Domain name system requests
• Material and pages viewed
• Time and date of access to the Website
• Number of bytes transferred
• Number of clicks per visit
• Operating system and platform, device type and device identifiers
• Hypertext transfer protocol headers, application client and server banners, and operating
• MAC address, device ID / UDID, or similar device-specific code
7. How We Collect Personal Information and from What Sources
The Personal Information we collect through our Website, or from our distributors, representatives, or business partners may be obtained as part of the following:
Information that you provide by filling in web forms on our Website. This includes information provided when creating an online account, purchasing our Products or Services, subscribing to our e-newsletters or other communications, requesting information from us, submitting or posting material (where permitted) on our forums, or interacting with customer support or service, report a problem with our Website, Products, or Services, or otherwise communicating with us.
• Your responses to surveys that we or our service providers might ask you to complete for research purposes
• Your search queries on the Website
• Through participation in loyalty/rewards programs
• Data suppliers (e.g., companies that provide demographics and other information regarding consumers)
• From our Mobile App
Other service providers
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including, but not limited to, traffic data, geolocation data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer, mobile device, and internet connection, including your IP address, operating system, browser type, clickstream patterns, the URL of the most recent website you visited before coming to our Website, the amount of time you spent on our Website, and the pages you viewed while on our Website.
The information we collect automatically is statistical data and may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver better and more personalized Products and Services, including, but not limited to, by enabling us to: estimate our audience/visitor size and usage patterns, store information about your preferences, allowing us to customize and improve our Website, speed up your searches, and/or, recognize you when you return to our Website.
8. Cookie Notice/Policy
Cookies (or browser cookies) - A cookie is a small file placed on the hard drive of your computer or mobile device. It may contain certain data, including, but not limited to: the name of the server that has placed it there, an identifier in the form of a unique number, and, an expiration date (some cookies only). Cookies are managed by the web browser on your computer or mobile device (Internet Explorer, Firefox, Safari, or Google Chrome).
Local Storage Cookies. Certain features of our Website may use local stored objects (or Adobe Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Local storage cookies are not managed by the same browser settings as are used for browser cookies.
Pixel Tracking. In addition to using Cookies, the Website may employ “pixel tracking”, a common process that may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of websites that are used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our products, services, and offers with your interests and needs. For example, if you visit our Website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought you to the Website. If you visit our Website, and we link you to another website, we may also be able to determine that you were sent to and/or transacted with a third-party website. This data is collected for use in our marketing, research, and other activities.
IP Address. Our servers (or those of our service providers) automatically record certain log file information reported from your browser when you access the Website. These server logs may include information such as which pages of the Website you visited, your internet protocol (“IP”) address, browser type, and other information on how you interact with the Website. These log files are generally deleted periodically.
9. Information We Collect from Third Parties
We use "Google Analytics", which is a service provided by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) to analyse user behaviour whilst on our website, Google Analytics sets "cookies", which are stored on your computer or smart device when you visit this website.
Information collected by Google Analytics is sent to and stored on servers based in the USA.
We make use of Google's "IP anonymization" method. Basically, the users IP address is modified (to our knowledge, only users within the EU and the EEA). This technique makes sure that the identification of a natural person using the IP address is not possible.
As a user of our site, you have the choice to prevent cookies being stored on your device by simply changing the settings in your browser. You may not be able to access all of the features of our website without any restriction when configuring your browser to disallow cookies.
To stop Google Analytics from tracking your behaviour on our website click this link to opt-out and Analytics will be stopped.
This feature is device dependant, which means the cookie that is set is a per-device cookie, so the opt-out must be carried out on all the devices you use to view our website with.
10. Posting Content
You also may submit information, such as comments, reviews, testimonials, etc., to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “,Content”). Your Content is posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons. By posting any Content or submitting Content for posting you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, redact, modify, aggregate, summarize, adapt, create derivative works of and publicly perform the Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed (“Right to Use”).
The Right to Use you grant us above also extends to any Content that you have posted to our Facebook or other social media account pages, or on other websites, e.g., Google, Yelp, Trip Advisor, Instagram, etc. The term “Use” includes, but is not limited to, use, reproduce, modify, publish, list information regarding, edit, delete, translate, distribute, publicly display, publicly perform, and make derivative works of the content.
If we permit you to post Content, by posting any Content, or submitting Content for posting, you agree to with the following “User Content Posting Guidelines”:
To the extent our Website contains areas where you can post or submit to be posted such as comments, product reviews, testimonials, etc., you agree to post Content that is proper and related to the general theme of the Website. Content also includes that which you send to us by email, text, mail, or other means. You agree not to post or submit any Content that:
Is off-topic, false, inaccurate, misleading, defamatory, libelous, stalking, threatening, obscene, pornographic, indecent, vulgar, offensive, which contains unlawful material or information, or which otherwise violate the legal rights (such as rights of privacy and publicity) of others
Harasses, degrades, intimidates, or is hateful toward an individual or group of individuals based on religion, gender, sexual orientation or identity, race, ethnicity, age, or disability
Is not your original creation or that you do not have permission to use or that infringes the copyright, trademark, patent, or other proprietary rights of any person or that is used without the permission of the owner
Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial, or investment advice
Promotes or provides instructional information about illegal or illicit activities
Purports to be from any person or entity, including but not limited to one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity
Includes personal or identifying information about another person without that person's explicit consent, or is doxxing
Contains software code of any kind, including, but not limited to, code that contains viruses, corrupted files, or any other similar software or programs designed to or that may interrupt, lock up, destroy, damage, or limit the operation of another person's computer or network or telecommunications equipment
Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects the ability of others to use the Website
Advertises or offers to sell any goods or services, or engage in surveys, contests, chain letters, or for any commercial purpose
11. How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, for one or more of the following purposes:
To present our Mobile App and Website and its contents to you
To provide you with information and respond to your questions on Services that you request from us and information on new products and services, discounts, special promotions or upcoming events, and features or offers that we believe will be of interest to you
To provide you with the Services or information that you have requested
To process transaction payments, including, but not limited to, Service fees, subscription fees, professional fees, membership dues, registration fees, and payments, refunds, and reimbursements for any products or services that you choose to purchase from us (though we do not receive your credit or debit card number)
To provide you with notices about your account, including expiration and renewal notices
To notify you about information regarding or changes to our Mobile App or Website, our policies, terms, or any Services we offer or provide, or regarding your account
To allow you to participate in interactive features on our Mobile App or Website
To notify you of data privacy incidents or provide you with the legally required information
To request your participation in ratings, reviews, surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our Services
To fulfill any other purpose for which you provide Personal Information
In any other way, we may describe and for which we obtain your consent when you provide the information, and you give your consent
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
12. How We Share Your Personal Information
We may or do disclose your Personal Information, in whole or in part, to the following types of third parties, and for one or more the following purposes:
• Data storage or hosting providers for the secure storage and transmission of your data
• Database and software service providers for the management and tracking of your data
• Technology providers who assist in the development and management of our Mobile App and Website
• Identity management providers for authentication purposes
• Legal and compliance consultants, such as external counsel, external auditors, or tax consultants
• Payment solution providers for the secure processing of payments you provide to us
13. Disclosures to Service Providers
We may share your Personal Information with third parties to provide or improve the Services to you. We may share your Personal Information with third-party service providers which perform services on our behalf (“Service Providers”). This includes, without limitation, Service Providers which provide services relating to outbound and/or inbound communications, data analysis, credit checks, screening checks, collection services, marketing assistance, managing customer information, creating, hosting, and/or providing customer or support services on our behalf, sending postal mail and email, removing repetitive information from customer lists, providing search results and links (including paid listings and links), processing credit card payments, or managing our conferences and other events. These Service Providers may have access to your Personal Information to provide these services to us or on our behalf. If we engage Service Providers for any of the foregoing, use of your Personal Information will be bound by obligations of confidentiality and their use of Personal Information will be restricted to providing their services to us. We may store Personal Information in locations outside our direct control (for instance, on servers or databases located or co-located with hosting Service Providers).
We will attempt to notify you about these requests unless (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon us, our users, our Website, or our Services. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no risk scenarios described in this paragraph apply.
14. SALE/DISCLOSURE OF PERSONAL INFORMATION
No Sale of Personal Information. We do not disclose or share your Personal Information with any third parties for which we receive any monetary or other valuable consideration. In other words, we do not sell your Personal Information, period.
Disclosure of De-Identified Personal Information: We may share De-Identified Personal Information with third parties for any purpose. De-Identified Personal Information or non-Personal Information may be aggregated for system administration and to monitor the usage of the Website. It may be utilized to measure the number of visits to our Website, average time spent, the number of pages viewed, and to monitor various other Website statistics. This monitoring helps us evaluate how visitors use and navigate our Website so we can improve the content. We may share De-Identified Personal Information or anonymous information (including, but not limited to, anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) with interested third parties in any way we choose and for any purpose.
Your Consent to Disclosure/Transfer/Sale of Your Personal Information: You consent to our disclosure of your Personal Information, De-Identified Personal Information, and other information you provide to us (“Transferred Information”) to a potential or actual buyer or acquirer of our company or another successor for the purpose of considering or undergoing a merger, divestiture, restructuring, reorganization, dissolution, change in control, or sale or transfer of some or all of our assets (each of the foregoing referred to as a “Transfer”), whether as a going concern or as part of bankruptcy, liquidation or other court proceedings, in which Personal Information held by us is among the assets transferred. You agree to and do hereby consent to (and shall not object to) our assignment, conveyance, transfer, and/or license (whether by contract, merger, or operation of law) as part of a Transfer, of any or all of our rights, in whole or in part, in or to Transferred Information and your consents, with or without notice to you and without your further consent. We cannot make any representations regarding the use or transfer of Transferred Information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By providing any Personal Information, you expressly agree and consent to the use and/or transfer of Transferred Information or other information in connection with a Transfer. Furthermore, except as required by law, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the Transferred Information that is disclosed to us.
We have implemented measures designed to secure your Personal Information from accidental loss and unauthorized access, use, alteration, and disclosure. Your Personal Information is contained behind secured networks and a firewall and is only accessible by our personnel and by a limited number of Service Providers who have special access rights to our systems, and who are required to keep the information confidential. Our Website and Mobile App software are scanned regularly for security holes and known vulnerabilities to make your visit to our Website and Mobile App safe.
Any payment transactions will be performed using our third-party payment processors or gateways, which will use appropriate security procedures designed to protect your information. We do not collect or store full credit card numbers.
The safety and security of your information also depends on you. You should maintain good internet security practices. Where you have password-protected access to an account or certain parts of the Website or Services, you are responsible for keeping this password confidential. You should not share your password with anyone. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or mobile device and browser by signing off after you have finished accessing your account. If your email account or Facebook account is compromised this could allow access to your account with us if you have given up those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. If you think that any of your accounts have been compromised you should change your account credentials with us, and make sure any compromised account does not allow access to your account with us. The information you share in public areas may be viewed by other users. We will never email you to ask for your password or other account login information. If you receive such an email, please send it to us so we can investigate.
The safety and security of platform login information also depends on you. You are responsible for keeping confidential all login credentials to our Website to which you are provided access. You agree to not disclose any such login credentials with any third party. If you become aware of any potential compromise of your login credentials, you must immediately change the relevant password. You agree to and do hereby release and forever discharge us and our affiliates, subsidiaries, parents, officers, directors, employees, successors and assigns and contractors (collectively, “Company’s Group”), and you will indemnify, defend and hold Company’s Group harmless, from any past, current, and future liability, claims, demands, damages, losses, fines, penalties, assessments, private rights of action, or other actions, of whatever kind of nature, either in law or equity, as well as costs (including, but not limited to, attorneys’ fees and costs), which arise from any failure of you to maintain the security of your email or other accounts which results in unauthorized access by a third party to such account and the transfer of funds by us in reliance of instructions purporting to originate from you.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do use security measures designed to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to us or which we obtain. Any transmission of Personal Information is at your own risk. Unauthorized entry or use, or hardware or software failure, and other factors, may compromise the security of user information at any time. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or used with our Services.
16. Data Retention
The periods for which we retain your Personal Information depend on the purposes for which we use it. We will retain your Personal Information for as long as your account is active, or as long as you are a registered account holder or user of our Services or for as long as we have another business purpose to do so (such as but not limited to, for business, tax, or legal purposes) and, thereafter, for no longer than is required or permitted by law, or our records retention policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. This period of retention is subject to our review and alteration.
We may retain De-Identified Personal Information for as long as we deem appropriate.
Even if you delete your account, keep in mind that the deletion by our Service Providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period. We may retain De-Identified Personal Information for as long as we deem appropriate.
What Information You Can Access, Change, or Delete
Through your user account settings page, you may access and, in some cases, edit, or delete certain information you have provided to us, such as name and password, email address, address, user profile information, etc. The information that you can view, update, and delete may change as the Products, Websites, Services, or our practices change. If you have any questions about viewing or updating information we have on file about you, please contact us.
17. Privacy Notice for California Residents
The following in this section applies only to California residents.
California Online Privacy Protection Act (“CalOPPA”; Calif. Bus. & Prof. Code § 22575-22578, available here):
CalOPPA applies only to companies that collect Personal Information from California residents.
How We Respond to Do Not Track Signals.
CalOPPA requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Do Not Track (DNT) is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, see here:. Because there currently isn’t an industry or legal standard recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
Third-Party Behavioral Tracking. We do not allow third-party behavioral tracking of Personal Information, though we may use De-Identified Personal Information to track users’ click or browsing patterns.
18. Notices; Opting Out
By providing us with your email address (including by “following”, “liking”, linking your account to our Website or Service or other services, etc., on a third-party website or network), you consent to our using the email address to send you Service-related notices by email, including any notices required by law (e.g., a notice of data privacy or security incidents), in lieu of communication by postal mail. You also agree that we may send you notifications of activity regarding our Products, Services, the Website, the Mobile App, your Personal Information, or any aspect of our relationship, to the email address you give us, per any applicable privacy settings. We may use your email address to send you other messages or content, such as but not limited to, newsletters, additions, or changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt-out by emailing us your opt-out request or, where available, by clicking “unsubscribe” at the bottom of our email. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt-out of Service-related emails.
You can add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us. It is your responsibility to maintain your current email address with us.
19. Contact Information
Data Transfer/Access/Privacy Outside of the United States
We have our headquarters in the United States. The Personal Information we or our service providers collect may be stored and processed in servers within or outside of the United States and wherever we and our service providers have facilities around the globe, and certain information may be accessible by persons or companies outside of the United States who provide services for us. As such, we and our service providers may transfer your Personal Information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take reasonable steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it.
If you are a citizen or resident of the UK, EEA, Switzerland, or other regions with laws governing data collection and use that may differ from the laws in the United States, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. We may do so to process your information by staff operating outside these countries who work for us or one of our service providers.
If you are a resident of a country other than the United States, you acknowledge and consent to our collecting, transmitting, processing, transferring and storing your Personal Information out of the country in which you reside.
20. Policy Agreement
By using the Borrow Local website or application, you consent to us collecting contact and or personal information as well as statistical user information and grant us permission to make use of the information as described in this policy.