Application of Policy
This policy describes the manner in which Offset Partners LLC, a California limited liability company (“Offset”, “we” and “us”) collects, maintains, uses and discloses user information provided through Offset’s Figure® software (the “Platform”), through Offset’s websites listed below (the “Sites”), through email, and through any other products and services offered by Offset (collectively referred to herein with the Platform and Site as the “Services”).
The Platform is licensed to Offset’s clients (“Clients”), who use it to power their websites, and communicate with and receive orders from their customers (“Customers”). If you are a Customer of a Client, the data you provide through that Client’s website is controlled by that Client, and not by Offset. The Client’s policies, and not this policy, detail how the Client will treat that personal data. However, Offset is acting as a processor of that data for its Clients, and this policy does describe how we will treat that same data, subject in certain circumstances to the direction of our Client as the controller of such data. As noted above, this policy also details how we will handle data you provide to us in other ways, through the Sites or otherwise.
Information We Collect About You
We collect several types of information from and about users of our Services, including information:
- by which you may be personally identified, such as name, postal address, email address, telephone number, and any other identifier by which you may be contacted online or offline (“personal information”);
- that is about you but individually does not identify you, such as your location; and/or
- about your internet connection, the equipment you use to access our Services and usage details.
The legal basis for our collection and processing of personal information are primarily that the processing is necessary for providing the Services and that the processing is carried out in our legitimate interests, which are further explained below. In certain circumstances, the legal basis for our collection and processing of your information may also be your provision of consent.
How We Collect Your Information
We collect your information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our Clients.
Information You Provide to Us
The information we collect on or through our Services may include:
- Information that you provide by filling out the contact form on our Sites or placing orders through the Platform.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete.
- Details of transactions you carry out through the Platform, and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Platform. While we receive your contact and billing information, we do not receive your full credit card information (just the last four digits). The full credit card data is received, processed and stored by a third-party payment provider (As detailed below, the Platform works with Stripe and Authorize.net.)
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Services, 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 Services, including traffic data, location data, logs, and other communication data and the resources that you access and use.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or 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 Services and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Services according to Client and individual interests.
- Recognize you when you return.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Information We Receive from Our Clients
Clients with which you have placed an order through the Platform or otherwise provided personal data may input your information into the Platform or otherwise provide it to us. That information may include your personal preferences, notes, chatlogs, information about your spouse, children and pets, and other details about you.
How We Use Your Information
We may use aggregated information about our users, and information that does not identify any individual, without restriction. We use information that we collect about you or that you provide to us, including any personal information:
- To provide the Services.
- To provide Clients and users with information, products, or services that are requested from us.
- To assist Clients to fulfill orders.
- To fulfill any other purpose for which you provide it.
- To provide or assist Clients in providing you with notices about your orders or account.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us or a Client and us, including for billing and collection.
- To notify you about changes to our Services or any products or services we offer or provide though it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or email us at email@example.com. For more information, see Choices About How We Use and Disclose Your Information below.
Disclosure of Your Information
- To our subsidiaries and affiliates.
- To our Clients in connection with your orders and relationship with them.
- To contractors, service providers, and other third parties we use to support our business, fulfill your orders and provide the Services.
- 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 our Services users is among the assets transferred.
- To our Clients to market their products or services to you if you have consented to these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
- To fulfill the purpose for which you provide it. For example, to assist a Client in fulfilling your orders.
- For any other purpose disclosed by us when you provide the information.
- 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.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our employees, customers, or others.
Specific Third-Party Disclosures
We use the following third-party services for the purposes described. These third parties will receive your information to the extent necessary to provide their services or perform their functions as described. The treatment of your data by these parties is subject to their policies.
- For hosting, Linode, Amazon Web Services, and Rackspace.
- For analytics, Google Analytics and FullStory
- For payment processing, Stripe and Authorize.net.
- For bulk email, Campaign Monitor and MailChimp.
- ShipCompliant for alcoholic beverage compliance.
- To shipping companies to assist Clients in fulfilling your orders.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you should not opt-in by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email stating your request to firstname.lastname@example.org.
- Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you should not opt in by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email stating your request to email@example.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
Do Not Track
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You can review and change your personal information by sending us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
Data Security & Retention
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We take steps designed to ensure that only those employees and other service providers who need access to your personal information to fulfil their employment duties will have access to it. All information you provide to us is stored on secure servers behind firewalls. Sensitive and private data exchange between our Services and their users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
We will maintain your personal information for as long as they are needed, or as required by applicable laws, regulations, or government orders.
If you are accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use, which is governed by the law of the United States and this policy, you will be transferring your personal information into the United States and you consent to that transfer. In addition, your information may be stored and processed in any country where we have facilities or in which we engage third party service providers. By using the Services, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
Under the GDPR, you may (to the extent applicable) be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your personal information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of personal information about you, under certain conditions; (v) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate; (vi) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection at http://ec.europa.eu/justice/data-protection/index_en.htm.
Third Party Websites
Users may find advertising or other content on our Services that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Services. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Services, is subject to that website’s own terms and policies.
Offset Partners LLC
523 Brown Street, Napa, CA 94559
First Posted. January 31st, 2012
Last Updated. May 25th, 2018