Off Duty Blue Incorporated and our subsidiaries and affiliates (“Company” or “we”) respect your preferences concerning the treatment of personal information that we may collect (“Personal Information”). This Policy informs you how we collect and use your Personal Information, how you can control its use, and describes our practices regarding information collected from the different Company sites that link or refer to this policy (such as our websites, computer or mobile software applications, social media pages and HTML-formatted e-mail messages), as well as through offline sales and marketing activities (collectively, the “Channels”).
2. General Users and Transacting Users
3. Sensitive Information
You agree not to send us, and not to share with us, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership); provided, however, that Transacting Parties will submit such information in accordance with the Job Connection Agreement[A2] .
4. Links to Third Parties
5. Personal and Other Information We Collect
Through your interaction with and use of the Channels, Company may collect Personal Information, which is information that identifies an individual or relates to an identifiable individual. Personal Information may include, but is not limited to, your name, physical address, telephone number, e-mail address, company affiliation and associated interests.
In addition to Personal Information, Company may also collect other information through your interaction with, and use of, the Channels and non-Company websites, which does not reveal your specific identity or does not directly relate to an individual (“Other Information”). Other Information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.
Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code.
In some instances, we may combine Other Information with Personal Information, such as combining a precise geographical location with your name. If we combine Other Information with Personal Information, we will treat the combined information as Personal Information.
6. How We Use and Share Information
6.1 Personal Information
Company uses and shares the Personal Information we collect (unless otherwise restricted by applicable law), to perform the following activities:
(a) Engage in Transactions. We may use Personal Information to engage in transactions with you.
(b) Process Transactions. We may use Personal Information along with financial, credit card, and payment information to process your transactions.
(c) Provide Support or Other Services. We may use your Personal Information to provide you support or other services you have ordered, as well as product updates, product patches and fixes and other similar operational communications.
(e) Provide Company Online Communities. Some Channels may permit you to: participate in interactive discussions; create a profile; post comments, opportunities or other content; communicate directly with another user; or otherwise engage in networking activities. Some of these services may be moderated and all may be accessed for technical reasons. Company does not control the content that users post to these forums or social networks. You should carefully consider whether you wish to submit Personal Information to these forums or social networks and whether you wish to make your profile available to other users, and you should tailor any content you submit appropriately. You should also review any additional terms and conditions that may govern your use of these Channels. To manage or remove your Personal Information from our online communities, please fill out a request form or otherwise notify us through our Contact Us[A3] page. If we are not able to remove your Personal Information, we will let you know.
(g) Post Testimonials. We may post testimonials on our Channels that may contain Personal Information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please fill out a request form (or otherwise notify us through our Contact Us[A4] page), and be sure to include your name, testimonial location, and contact information.
(i) Select Content, Improve Quality and Facilitate Use of the Channels. Company may use your Personal Information to help create and personalize content on our Channels, facilitate your use of the Channels (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve quality, track marketing campaign responsiveness (including online advertising and e-mail marketing), and evaluate page response rates.
(j) Provide various Company Communities, such as Partners, with Relevant Product Alerts and Updates. If you sign up for an Company community or program, Company may provide you information regarding your expressed interests, such as new product releases, alerts, updates, prices, terms, special offers and associated campaigns.
(k) Joint Sales or Product Promotions. Company and its partners may engage in joint sales or product promotions. Such promotions will reference the partners involved. Both Company and the partner(s) will have access to that information, and either Company or our partners may provide you the sales or product promotion information. Each party will be responsible for managing its own use of the Personal Information collected for the joint sale or product promotion. We recommend you review the privacy policies of these partners to address any questions you have regarding their handling of your information.
(l) Contact a Referral/“Tell a Friend”. If you elect to use our referral service to inform a friend about our products or services, we will ask you for the friend’s contact information. Company will then send your friend a one-time contact related to your referral request. Company uses the Personal Information you provide in this situation solely for the purpose of sending the one-time contact and tracking the success of our referral program. Your friend may contact Company through our inquiry form to be removed from the referral program.
(m) Improve Products, Services, and Experiences. Company may use your Personal Information to evaluate and improve our products, services, marketing, and customer relationships.
(n) Communicate with You about a Conference or Event. We or our partners may communicate with you about a conference or event hosted or co-sponsored by Company or one of our partners. This may include information about the event’s content, logistics, payment, updates, and any additional meetings, special demonstrations or other customer facilitation that we may provide related to your event registration. After the event, Company may contact you about the event and related products and services, and may share information about your attendance with your company. Where legally permitted, Company will also allow designated partners or conference sponsors to send you up to two communications related to your event attendance. Please note that our partners or conference sponsors may directly request your Personal Information at their conference booths or presentations. You should review their privacy policies to learn how they use Personal Information.
(o) Obtain Third Party Services. We may also share Personal Information with third parties who provide services to Company, such as credit card processing services, order fulfillment, analytics, event / campaign management, web site management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar services. When Company shares Personal Information with third party service providers, we require that they use your Personal Information only for the purpose of providing services to us and subject to terms consistent with this Policy.
(p) Protect our Employees, Sites, Facilities, and Operations. Company may disclose your Personal Information as we believe to be necessary or appropriate to protect the health and safety of our employees and visitors, our physical and online operations, our property, rights, and privacy, and/or that of our affiliates, you or others. If you visit our offices, you may be photographed or videotaped as part of maintaining the security of our facilities. Facility security photography will be treated as sensitive information and will only be used for security and investigation purposes.
(q) Comply with Legal Requirements and Corporate Transactions. Company may disclose your Personal Information as we believe to be necessary or appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; and (v) to allow us to pursue available remedies or limit the damages that we may sustain. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Information we have collected to the relevant third party.
6.2 Other Information
We may use, transfer, and disclose Other Information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.
7. How We Collect Information
7.1 Collection Methods
Company and our third party service providers may collect both Personal Information and Other Information from a variety of sources that generally fall into the following categories:
(a) Direct Interactions. This category is based on your use of and interaction with us through the Channels and other activities such as account creation, submission of registrations and forms, or sales inquiries and transactions.
(b) Publicly Available Data / Data from Third Parties. This category is based on automated interactions on non-Company websites, or other data you may have made publicly available, such as social media posts, or data provided by third party sources, such as third party marketing opt-in lists, or data aggregators.
(c) Automated Interactions. This category is based on the use of technologies such as electronic communication protocols, cookies, embedded URLs or pixels, or widgets, buttons and tools.
7.2 Automated Collection Methods
Although Company’s use of automated interactions may change over time as technology evolves, the following descriptions are designed to provide you with additional detail about Company’s current approach to information collected from automated interactions.
(a) Electronic Communications Protocols. As is true when you visit most websites and apps, Company may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type), your IP address (which may identify your general geographic location or company), and date and time.
(b) Tracking. Company may also automatically receive and record information about your interaction with the Channels, such as clickstream information (when each Company webpage was visited and how much time was spent on the page), or general geo-location data.
(c) Cookies. Company’s server may query your browser to see if there are “cookies” previously set by our electronic Channels. A cookie is a small piece of information sent by a Web server to store on a Web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information, and general usage and volume statistical information. Cookies may also be used to collect individualized web site use data, provide electronic Channel personalization, or conduct and measure the effectiveness of advertising in accordance with this Policy. Some cookies may remain on users’ computers after they leave the Website. While the majority are set to expire within 1-24 months of your last visit to the website that set the cookie, others may not expire because of their nature, such as cookies that remember opt-out preferences.
(d) Your Control of Cookies. Your browser may provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion. Cookies, however, are important to the proper functioning of a site, and disabling them may degrade your experience and interfere with web site features and customizations.
(e) Third Party Cookies. Company may engage one or more third party service providers to track and analyze both individualized usage and volume statistical information from interactions with electronic Channels. The service provider(s) may set cookies on behalf of Company. Company also may use other third party cookies to provide advertising and personalization services in accordance with this Policy, and to track the performance of Company advertisements on their websites and Company e-mails.
(f) Managing Cookie Preferences: You may access or change your cookie preferences at any time. If you have any problems using this cookie preference mechanism, please fill out an inquiry form or otherwise notify us through our Contact Us [A5] page.
(g) Flash Cookies. We may use Flash cookies, also known as “local shared objects,” on our electronic Channels that employ Flash technology. Flash cookies are used to remember the site’s settings to personalize the look and feel of the site. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at macromedia.com.
(h) Embedded URLs. We may use a tracking technique that employs embedded URLs to allow use of the electronic Channels without cookies. Embedded URLs allow limited information to follow you as you navigate the electronic Channels, but are not associated with Personal Information and are not used beyond the session.
(i) Embedded Pixels and Similar Technologies: On the electronic Channels, Company and its service providers may use embedded pixel technologies for the purposes of identifying unique user visits (as opposed to aggregate hits), and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when the e-mail or ad was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient’s e-mail address.
(k) Physical Location. We may collect the physical location of your device and use it to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content.
8. Registration, Preferences, and Opt-Out
Company may allow you to establish a registration profile for marketing communications at Company.com. You may use the profile to customize and control your preferences for receiving electronic information, including any feature that we might implement for opting into (or out of) communities, newsletters and general interest areas. You may return to the registration profile to change your elections or modify your profile by logging into your user account. Please login as usual and follow the prompts to update your profile.
8.2 Preferences and Opt-Out
(a) E-mail Marketing. Company might implement a feature that enables you to opt out of marketing communications. Such feature, if implemented, may enable you to opt out of e-mail marketing by modifying your online profile as described above or by using our general unsubscribe automated link that is included in Company marketing e-mails. If you have any problems using any of these opt-out mechanisms, please fill out an inquiry form or otherwise notify us through our Contact Us [A6] page.
(b) Unavailability of General Opt-out. Some non-marketing communications may not be subject to general opt-out, such as communications related to product download, sales transactions, software updates and other support related information, patches and fixes, conferences or events for which you have registered, disclosures to comply with legal requirements, and (where permitted by law) quality assurance surveys. Some additional communications with partners may also not be subject to general-opt out, including product alerts, updates, contractual marketing and sales materials, and other notices related to partner status.
(c) Cookies and Do Not Track Preferences. Company might implement a feature that enables you to opt out of cookies that are not required to enable core site functionality. Company uses its cookies preferences tool to processes Internet advertising and tracking preferences, but does not process any other Do Not Track signals. If such feature is implemented, once you have set your cookie preferences, Company will follow the specific choices you made there. Please remember that if you delete your cookies, or use a different browser or computer, you will need to set your cookies preferences again. If such feature is implemented, you may access or change your cookie preferences at any time. If you have any problems using any such cookie preference mechanism, please fill out an inquiry form or otherwise notify us through our Contact Us[A7] page.
(d) Company might implement a feature that enables you to opt out of personalized (non-anonymized) website analytics. If such feature is implemented, you may access or change your website analytics preferences at any time. If you have any problems using any such website analytics preference mechanism, please fill out an inquiry form or otherwise notify us through our Contact Us[A8] page.
(e) Information-Sharing Choices. Company only shares Personal Information with selected companies after providing users the ability to make choices about the sharing, or as otherwise described in this Policy. There are limitations to opting out of such sharing in the case of: (i) joint sales or joint events; (ii) where the customer has requested follow-up which involves Company partners; (iii) where third parties are required to accomplish the transaction or perform the service; and (iv) where required by law.
(f) Third Party Permission-Based Lists. On occasion, Company may use third-party lists to send communications about Company products and services. These lists, which might be maintained by third parties, include users eligible under applicable law to receive e-mails from interested companies such as Company. When we use such lists, the communications will include mechanisms to opt out of receiving Company marketing communications. If you have trouble opting out, or if you wish to make us aware of any issues related to a third-party mailing, you may contact us directly through our inquiry form or otherwise notify us through our Contact Us[A9] page.
9. For California Residents
Under California Civil Code Section 1798.83 (also known as Information-Sharing Disclosure, Shine the Light), if you are a California resident and your business relationship with Company is primarily for personal, family, or household purposes, you may request certain data regarding Company’s disclosure, if any, of Personal Information to third parties for the third-parties’ direct marketing purposes. To make such a request, please fill out an inquiry form or otherwise notify us through our Contact Us[A10] page; you may make such a request up to once per calendar year. In accordance with California Civil Code Section 1798.83, we will provide you, by e-mail, a list of the categories of Personal Information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses and any other information required by California Civil Code Section 1798.83.
10. Access, Correction, and Profile Updates
You may request to review, correct, update, suppress, or otherwise modify any of your Personal Information that you have previously provided to us through the Channels, or object to the use or processing of such Personal Information by us. You have the ability to update your Company profile and related Personal Information at any time. To change this information, please login to your Company account and follow the prompts to update your profile. If you have privacy concerns regarding access to or the correction of your Personal Information, please contact us through our inquiry form or Contact Us[A11] page, or write to us at the following address:
Off Duty Blue Incorporated
235 Harrison Street, Mail Drop #6
Syracuse, New York 13202
Attn: Account Administrator
In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information that you have provided to us suppressed from our database.
While the majority of questions and issues related to access can be handled quickly, complex requests may take more research and time. In such cases, issues will be addressed, or we will use our best efforts to contact you regarding the nature of the problem and appropriate next steps, within thirty (30) days.
11. Retention and Deletion
Company will retain your Personal Information for as long as your account is active; as needed to provide you products or services; as needed for the purposes outlined in this policy or at the time of collection; as necessary to comply with our legal obligations (e.g., to honor opt-outs), resolve disputes, and enforce our agreements; to the extent permitted by any agreements in place between you and Company; or to the extent permitted by law.
At the end of the retention period, Company will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.
Company may use some third parties to administer a limited set of Company advertisements on third party electronic channels. No Personal Information will be provided to the advertisers as part of this process, but aggregate profile information or Other Information, such as user community or implied or inferred interests, may be used in the selection of advertising to make sure that it has relevance to the user. Some banner ads may contain embedded pixels that may write and read cookies or return session connection information that allows advertisers to better determine how many individual users have clicked on the ad banner.
Company may also use advertising technologies and participate in advertising technology networks that collect Other Information from Company and non-Company websites, as well as from other sources, to show you Company-related advertisements on Company’s own and third-party websites. These advertisements may be tailored to your perceived interests using retargeting and behavioral advertising technologies, a set of practices collectively referred to as “Interest Based Advertising” in this Policy. Any retargeted or behavioral advertisements served to your browser will contain information on or near it that informs you about the advertising technology partner and how to opt-out of viewing such advertisements. You also may opt out by visiting the Interest Based Advertising portion of this Policy. Opting-out does not mean that you will stop receiving ads from Company. It means that you still stop receiving ads from Company that have been targeted to you based on your visits and browsing activity across websites over time.
Cookie-based tools that allow you to opt-out of Interest Based Advertising prevent Company and other participating advertising technology companies from serving interest-related ads to you on behalf of Company. They will only work only on the Internet browser on which they are deposited, and they will only function only if your browser is set to accept third-party cookies. These cookie-based opt-out tools may not be as reliable where (e.g., certain mobile devices and operating systems) cookies are sometimes automatically disabled or removed. If you delete cookies, change browsers, computers or use another operating system, you will need to opt-out again.
Note that this section pertains only to advertising to market Company products and services performed on Company’s behalf.
The security of your Personal Information is very important to Company. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In addition, Company uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details. When you enter sensitive Personal Information such as your credit card number on our site, we encrypt it using secure socket layer (SSL) technology.
In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Company will notify you by e-mail, fax, or U.S. mail. Company will give you notice promptly, consistent with the reasonable needs of law enforcement or Company to determine the scope of the breach and to investigate and restore the integrity of the data system.
14. Cross Border Transfers/Storage
Company offers its products and services on a worldwide basis and might rely upon the services or facilities of affiliates located in the United States and other countries. Pease note that your Personal Information may be transferred, accessed and stored globally as necessary for the uses stated above in accordance with this Policy. Your hereby consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than those of your country.
15. Policy Updates
We may update this Policy from time to time. We will post a prominent notice in this section of this Policy notifying users when it is updated. To see the prior version of this Policy, please contact us through our inquiry form or Contact Us[A12] page.
Last Revised: November 2, 2015.