Blacksmith Privacy Policy

Version 10.02.2020

 

READ THIS PRIVACY POLICY CAREFULLY.

Cookie Opt-Out – REJECT

Introduction

 

Blacksmith Applications, Inc., and its affiliates (collectively, “Blacksmith”, “we”, “us” and/or “our”), provide world-leading trade promotion management, trade promotion optimization, sales enablement, and other software as a service (“SaaS”) systems for our clients around the globe.  We also host preeminent conferences and publish the go-to industry magazine for CPG retail professionals.

Blacksmith is committed to transparency regarding the data we collect from you, and regarding how your personal data is stored, used, transferred, disclosed, shared and/or published.

Consent.  By using the BlacksmithApplications.com website, any Blacksmith affiliate website, and/or any Blacksmith or affiliate mobile app (collectively, “Website”), you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively “You” or “Your”) agree to Blacksmith’s collection, storage, use, transfer, disclosure, sharing and/or publishing of your data as provided in this Privacy Policy.  By submitting your mobile/commercial/residential telephone number(s) and/or email address(es) – which you are not required to do –, you expressly consent to receiving text messages, telephone calls and emails regarding transactions, schedules, solicitations and advertising from Blacksmith and from Blacksmith’s affiliates and third-party business partners (collectively, “Blacksmith Partners”).

By using the Website, you also consent to our Terms and Conditions.  You may choose to opt out or control how Blacksmith uses, processes and shares your personal data.

 

Change.  Blacksmith may modify this Privacy Policy – and we may change the technology we use – at any time without prior notice, so you are encouraged to review this Privacy Policy on a regular basis.  If you object to any term or condition of this Privacy Policy, you agree that your sole remedy will be to delete your account and discontinue using the Website.  You agree that your continued use of the Website after any change to this Privacy Policy will be deemed your consent to the updated Privacy Policy and Terms and Conditions.  This Privacy Policy supersedes all previous Privacy Policies, notices or statements regarding Blacksmith’s privacy practices.

 

How Blacksmith Collects Your Personal Data

 

Personal Data You Provide to Blacksmith

 

  • Registration. When you register to become a Website user, we collect and store various information from you, including but not limited to your name, email address, password, mobile and/or residential telephone number(s), residential address, shipping and delivery information, payment and billing information, purchase history, preferences, photographs, usage, IP addresses, mobile identifiers, location information, email viewing and click-through information, cookie identifiers, and anything else you choose to input, transact, upload or post, including data inferred therefrom, and third-party account information that you use to login to or link to your Blacksmith account (such as Facebook, Instagram, Blacksmith, Twitter and/or Apple ID) (“Personal Data”).  You may choose to omit some Personal Data during the registration process, or to subsequently change, add or remove some Personal Data.

 

  • Sensitive Data. Blacksmith does not solicit sensitive data from you, such as racial or ethnic origin, religious beliefs, philosophical beliefs, political opinions, trade union membership, genetic data, biometric data, physical condition, mental health, sexual life/orientation, or criminal record (“Sensitive Data”).  Do not input, upload or post any Personal Data or Sensitive Data that you do not want to be collected, stored, shared and/or published.

 

  • Choosing Not to Disclose Personal Data.  If you choose not to disclose any Personal Data, you will not be able to use certain features of the Website.  Disclosure of some Personal Data is necessary so that Blacksmith can authenticate you and provide Website services to you. If you choose to disclose only some Personal Data, you will be able to use limited features of the Website.

 

  • Using The Website. When using the Website, you may input, upload or post Personal Data that we may collect, store, use, transfer, disclose, share and/or publish, such as when you:
    • Create an account
    • Participate in physical and virtual conferences, webinars, events, and other promotions
    • Choose to receive white papers and articles
    • Provide comments and participate in forums
    • Post a blog or submit an article
    • Fill out a form
    • Respond to a survey
    • Import an address book or contact list
    • Correspond with other Website users and/or Blacksmith, which may be processed by automatic scanning technology
    • Perform searches
    • Click on or otherwise respond to solicitations and/or advertising links
    • Link to social media posts
    • Apply to work for Blacksmith

 

Cookies and Tracking Technology.  Cookies are small pieces of data sent from a website and stored within a computer’s or device’s web browser.  “Persistent” cookies identify devices and provide other functionality over long periods of time, while “session” cookies record information that is used during an individual login session.

 

Blacksmith uses cookies in order to authenticate your device, prevent unauthorized access to your account, record usage and enable Website functionality, among other things.  Cookies are necessary to support our Website’s security features and enable detection of malicious or unlawful activity.  Cookies also enable us to, among other things, recognize your user preferences, help you communicate with other users, register for events, participate in online forums, and provide overall Website functionality.  Finally, we use cookies and similar technology to analyze usage in order to improve Website functionality, and to provide advertising that is relevant to your interests.  We permit some third-parties to set cookies on users’ devices for the purposes of solicitation, advertising, providing services related to the Website, optimize online advertising, and more.  You can opt out of receiving third-party cookies by changing the settings on your phone or browser, however, this may affect some Website functionality.

 

If you have additional questions regarding Blacksmith’s use of cookies, please contact us at hello@BlacksmithApplications.com.  Visit AllAboutCookies.org for additional details on how to delete or reject cookies.

 

How Blacksmith Processes and Shares Your Personal Data

 

Blacksmith processes your Personal Data to interact with you, to enable your communication with other users, to provide advertising, to personalize your use of the Website, and more.  How Blacksmith specifically uses your Personal Data depends on how you use the Website, and how you choose to configure your settings.

 

Membership Administration.  Blacksmith uses your Personal Data for purposes of membership administration and to deliver member benefits to you. Blacksmith may also use your Personal Data to help Blacksmith tailor our services to meet users’ needs.  We also use your Personal Data to authenticate you, to ensure that someone else is not using your account, and to resolve service issues.

 

Communications.  Blacksmith may use your Personal Data to communicate with you, among other things, regarding Blacksmith account creation, participation in physical and virtual conferences, events, and other promotions, providing white papers and articles, viewing or playing recordings and videos, providing comments, recommendations and/or ratings, posting a blog, submitting an article, filling out a form, responding to a survey, corresponding with other Website users and/or Blacksmith.  Some content delivered to you may contain links to third-party websites, social media and/or apps, which may or may not have similar privacy policies.  Blacksmith is not responsible for the security, privacy, content or business practices of any third-party website, social media and/or app, or for the processing and/or sharing of Personal Data collected from you by any third-party website, social media and/or app.

 

Public Posts.  The Website will display to Website users your public comments, shares, follows, likes and other activity.  The Website will also provide notifications to you and other users when such activity occurs.

 

Advertising and Marketing.  Blacksmith and Blacksmith Partners may solicit and/or advertise – via emails and text messages –  events and other content in which you may be interested.  You are not required to submit any Personal Data to third-party solicitors or advertisers, which may have privacy policies that differ from this Privacy Policy, and you agree that Blacksmith will not be responsible for Personal Data you provide to third-party solicitors or advertisers or their processing or sharing of the same.

 

To stop receiving emails, click on the “Unsubscribe” link in the footer of the email. To stop receiving text messages, type “STOP” in reply to any Blacksmith text message.  Even if you unsubscribe from emails or stop text messages, Blacksmith and Blacksmith Partners may still send you emails and text messages relating to your account or use of the Website, such as transactional, administrative and service announcements.  Message and data rates may apply.

 

Website Improvement.  Blacksmith may use your Personal Data to research and develop Website improvements.  Such improvements may consist of providing users with greater functionality and ease-of-use, and may be used to increase Website membership.

 

Data Aggregation.  Blacksmith may use Personal Data in an aggregate, de-identified format to research trends, which will be treated as non-personal data.  Blacksmith and third parties may perform research under legal controls that are designed to protect users’ privacy.  Blacksmith publishes, or allows third parties to publish, insights regarding trends in the form of aggregated data.  Blacksmith may also combine Personal Data with information that is available to the public to perform any Blacksmith function.

 

Disclosures Required by Law or Security.  Blacksmith may be required to disclose Personal Data pursuant to subpoenas or other legal process, or if disclosure is reasonably necessary to, among other things:  investigate or prevent potential or actual illegal activities; assist law enforcement; or defend Blacksmith against legal claims or allegations. Blacksmith may also use Personal Data to investigate security and fraud issues.

 

Personal Data Disclosed to Other Websites and Apps.  When you choose to link your Website account with another website and/or app, your Personal Data will automatically be made available to that website and/or app.  Blacksmith is not responsible for the privacy practices of such third-party websites and/or apps, which may vary from this Privacy Policy.

 

Do Not Track.  The Website may track each user when they cross from our public website or enter via a third-party link to our protected website by logging in with their user name and password. The Website does not respond to “Do Not Track” signals.

 

Service Providers.  Blacksmith uses third parties to provide Website services, such as hosting, security, maintenance, analysis, payment, marketing, conference, events, promotions, development and more.  Our third-party service providers will have access to Personal Data as necessary to provide their services.

 

Change of Control or Sale.  Blacksmith may, without your further consent, share, disclose, assign and/or transfer your Personal Data as part of an actual or potential merger, sale, acquisition, reorganization, bankruptcy, change of control or other transaction.  The succeeding entity will have the right to continue to use your Personal Data pursuant to this Privacy Policy.  If you do not agree to such continued usage, you agree that your sole remedy will be to delete your account and discontinue using the Website.

 

Data Retention, Security and Transfer

 

Retention.  Blacksmith retains Personal Data until you advise us to delete your Personal Data, however your text and Personal Data you previously chose to communicate to other users will be retained by the Website.  Also, Blacksmith may be required by laws, rules, regulations and other legal requirements to retain Personal Data, including to resolve any disputes, and Blacksmith may retain your usage information in an aggregated, anonymized form that will be used and shared by Blacksmith.

 

Security.  Blacksmith implements physical, technical and administrative safeguards designed to protect your Personal Data.  We or our service providers update and monitor the security of our Website and systems for possible vulnerabilities and attacks, however, we cannot guarantee the security of information you send to us against access, disclosure, alteration, or destruction due to a breach of any physical, technical or managerial safeguard.  Blacksmith restricts access to your Personal Data to those Blacksmith employees and service providers who need to know such information to provide services to you, and to Blacksmith Partners.

 

Disputes

 

You agree that any dispute over privacy, the terms or conditions contained in this Privacy Policy and/or any other agreement we have with you or you have with us will be governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard for its choice of law principles. You also agree to only arbitrate such disputes only in the Commonwealth of Massachusetts, U.S.A., and to abide by any limitation on damages contained in any agreement we may have with you.

 

Laws of Other Jurisdictions

 

Connecticut.  With regard to the law of the state of Connecticut, U.S.A., Blacksmith does not collect  Social Security numbers (“SSNs”), intentionally communicate SSNs to the general public, print SSNs on any document required for an individual to access products or services, require an individual to transmit SSNs over an unencrypted electronic connection, or require an individual to use SSNs to access the Website.

 

Nevada.  Blacksmith does not currently sell your covered information, as defined under applicable Nevada law.  However, if we engage in a sale of your covered information in the future, you may submit an opt-out request to hello@BlacksmithApplications.com along with your full name, user name, mailing address, email address so that we can contact you, and confirmation that you are a Nevada resident.  You must provide us with information reasonably requested by us to verify your identity and the authenticity of your request.  We will attempt to process your request within 60 days from the date we receive it, and we will notify you within that period, if we need an additional 30 days to do so.

 

United Kingdom and European Economic Area.  For Personal Data collected in the United Kingdom (“UK”) and the European Economic Area (“EEA”), this Privacy Policy is intended to address compliance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), effective May 25, 2018.  Blacksmith is the data controller for the purposes of the GDPR.  “Personal Data” as used in this Privacy Policy is “personal data”, as defined in Article 4(1) of the GDPR.

 

Blacksmith’s data protection officer’s name and contact information are:

c/o Blacksmith Applications, Inc.

One Union Street

Lawrence, MA 01840

Email:  hello@BlacksmithApplications.com

Telephone:  +1 (978) 557-7565

Contact Page:  https://blacksmithapplications.com/contact-us/

 

Blacksmith is headquartered in the USA, and Personal Data the Website collects from you will be processed in the USA. The USA has not received a finding of “adequacy” from the European Union under Article 45 of the GDPR, so you agree that Blacksmith may rely on Article 49 of the GDPR that permits Blacksmith to collect and transfer your Personal Data to the USA:  (i) with your consent; (ii) to perform a contract with you; (iii) to fulfill a compelling legitimate interest in a manner that does not override your interests, rights and/or freedoms; and/or (iv) pursuant to any other exception, derogation or other permission (collectively, “Permissions”).  You also agree to the Permissions with regard to any other jurisdiction’s applicable data protection law, rule, regulation, statute, ordinance, directive or other legal requirement.

 

Legal Basis for Processing Information

 

You agree that Blacksmith has a legal basis to process your information in order to, among other things:

  • Performance of the Services. We process your information for the performance of the Website, to provide or support Blacksmith products and services, and/or for any other reason you request or enable. This includes, among other things, using your information to:

*         Administer your Website account;

*         Enable your role as a Blacksmith Partner;

*         Enable your participation in physical and virtual conferences, webinars, events, and other promotions

*         Transact purchases, including, but not limited to, processing payments and orders;

*         Provide and improve Website functionality;

*         Provide white papers and articles; and

*         Provide customer service.

  • Consent. We process your information based on your consent. This processing includes, among other things, Blacksmith providing you – via text messages, emails and other technologies that exist now or in the future – with the following:

*         Newsletters, emails and surveys; and

*         Solicitations, promotions, advertisements and marketing.

You have the right to withdraw your consent to further use of your Personal Data at any time.

  • Legitimate Interest.

You agree that Blacksmith has a legitimate interest to process your Personal Data in order to, among other things:

*         Provide you with customer service and/or technical support;

*         Maintain and improve the Website;

*         Provide you with content, personalize your Website experience, and contact you in accordance with your marketing preferences;

*         Monitor activity on the Website to detect and/or prevent any fraudulent use;

*         Detect and/or prevent any fraudulent payment; and

*         Exercise and/or defend any legal claims.

 

  • Legal Obligation.

 

You agree that Blacksmith has a legal obligation to process your Personal Data.

Please contact our data protection officer, if you wish to:

  1. Confirm that Blacksmith is processing your Personal Data;
  2. Access your Personal Data;
  3. Correct or rectify any inaccurate Personal Data;
  4. Have Blacksmith erase or cease processing Personal Data, subject to certain exceptions;
  5. Have Blacksmith cease using your Personal Data for direct marketing purposes;
  6. Have Blacksmith discontinue selling your Personal Data; and/or
  7. Request information about:

(1) The business or commercial purpose of collecting, processing and/or selling your Personal Data;

(2) The categories of your Personal Data collected, processed and/or sold;

(3) The categories of third parties who have received or purchased your Personal Data from Blacksmith, if any;

(4) The categories of sources from which your Personal Data is collected, if not provided by you;

(5) The specific pieces of your Personal Data collected; and

(6) How long your Personal Data will be stored.

 

In some jurisdictions, you have a right to file a complaint with the appropriate data protection authority, if you have concerns about how Blacksmith collects, shares and/or processes your Personal data.  If technically feasible, Blacksmith will provide your Personal Data to you or directly to another controller, upon your request.

Blacksmith will provide reasonable access to your Personal Data at no cost upon request made to our data protection officer.  If access cannot be provided within a reasonable period of time, Blacksmith will inform you when your Personal Data will be provided. If your access must be denied for any reason, Blacksmith will provide you with an explanation as to such denial.

 

California.  In addition to your other rights,  residents of the State of California, U.S.A., may make verified requests to Blacksmith to opt-out of the “Sale” of your Personal Data in accordance with the California Consumer Privacy Act of 2018. California defines the term “Sale” broadly to include selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating your Personal Data to another business or third party for monetary or other valuable consideration.  To opt-out, visit our California Consumer Request Web Page.

California residents may also request and obtain information (if any) that Blacksmith shared within the prior calendar year with other businesses for direct marketing use, as defined by California’s “Shine the Light Law”, by contacting us at hello@BlacksmithApplications.com.

Finally, the California Consumer Privacy Act (“CCPA”) requires specific disclosures for California residents.  “Personal Data” as used in this Privacy Policy is “personal information”, as defined in the CCPA. The CCPA provides the right to:  request information about how Blacksmith collects, uses, and discloses your Personal Data; access your information, and request that Blacksmith delete that information; and not be discriminated against for exercising your privacy rights.

If you have questions related to your rights under the CCPA, you or your authorized agent may contact Blacksmith at hello@BlacksmithApplications.com.

The CCPA requires a description of Blacksmith’s Personal Data practices as follows:

 

Categories of Personal Data Collected by Blacksmith Sources of Personal Data Business Purposes for Which Personal Data is Collected by Blacksmith Categories of Third Parties to whom Personal Data is Disclosed for Business Purposes Categories of Third Parties to Whom Personal Data is Sold
Identifiers such as your name, email address, password, mobile and/or residential telephone numbers, residential address, shipping and delivery information, and preferences.

 

Demographic information, such as your age, gender, images and language.

 

Commercial information such as your payment and billing information, and purchase history.

 

Internet, network, and other activity information such as your usage, IP addresses, mobile identifiers, email viewing and click-through information, cookie identifiers, interactions with content and ads,  browsing history, information about the interaction of your apps, and activity on Blacksmith Partners’ and third-party service providers’ websites and apps.

 

Geolocation data, which may be determined by GPS, IP addresses, and other existing and future technologies.

 

Other information you create or provide, such as content you create, upload, or receive,  and anything else you choose to input, transact, upload or post.

 

Inferences drawn from any of the above.

You

 

Cookies and tracking technologies

 

Blacksmith Partners and third-party service providers

 

Third-party social media


Third-party data resellers

 

Publicly available information

To create and maintain your account.

 

To engage in transactions, such as to fulfill your requests, process payments, communicate with you, administer your account, and provide customer service.

 

To use and transact Blacksmith Partners’ advertising, content and services.

 

To conduct and administer conferences, events and other promotions and charity donations.

 

To tailor and model content and advertising.

 

To analyze Website traffic and usage.

 

To provide white papers and articles.

 

To participate in online forums.

 

To evaluate and process job applications, including by automated scanning means.

 

For internal business purposes, such as to comply with legal requirements, to provide accounting and tax services, and to comply with other business policies.

 

Protecting against security threats, abuse, and illegal activity.

 

Auditing and measurement.

 

Maintaining and improving our Website and services.

 

Use by Blacksmith Partners, such as to perform services, provide customer support, and more.

 

Advertising, such as use by Blacksmith Partners of online identifiers and interactions with advertisements to provide marketing and advertising.

 

Legal Rights and Duties, and Law Enforcement, such as complying with applicable laws, rules, regulations and directives, and disclosing Personal Data when initiating or in response to legal process or government requests, including to courts of law  and to law enforcement.

Blacksmith Partners, such as third-party cloud providers, hosting companies, email providers, text message providers, and more.

 

Blacksmith Partners for conferences, events, webinars, white papers, articles, and other promotions.

 

Third-party advertising and analytics companies.

 

Courts of law and government agencies.

 

Companies that acquire Personal Data as a result of a potential or actual sale, merger, acquisition, or other change of ownership.

 

Third parties with whom you authorize or request sharing of Personal Data.

Third-party marketing and advertising Blacksmith Partners, which may be deemed a sale of Personal Data under the CCPA.