ALEXANDER BABBAGE INC

TruTrade® Platform Privacy Policy

Last Modified: July 31, 2022

1. INTRODUCTION

Alexander Babbage, Inc. (“Alexander Babbage”, “we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we collect, store, process, transfer, share and use your personal information. “Personal information” means any information that identifies or can be associated with you.

By downloading, registering with, accessing, or using our websites (the “Sites”), or our services and applications (including, but not limited to, the TruTrade^® platform, PinPoint™ Powered by Alexander Babbage^® software systems) for which you, your organization, institution or other providing entity (“you” or “your”) have subscribed (such Sites, services and applications, collectively, the “Services”), you agree to this Privacy Policy. This Privacy Policy applies to all personal information we collect through our Services, even if you have not signed up for an Alexander Babbage account. If you do not agree with our policies and practices, do not download, register with, or use the Services. Terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use.

Please note that this Privacy Policy does not apply to the use of personal information collected outside of the Services, including personal information:

• • • We collect offline.
    • Collected on any third party apps, services or websites, including websites you may access through the Services.
    • You provide to, or that is collected by, any third-party data controller.

Those third parties may have their own privacy policies, which we encourage you to read before providing information to or through them. We do not accept any responsibility or liability for their privacy policies or any information you provide to or through them.

Please note that if you choose not to provide us with your information, we may not be able to provide some or all of the Services or respond to your other requests.

2. DATA CONTROLLER

A “data controller” is a person or organization who alone (or jointly) determines the purposes for which, and the way that, any personal information is, or is likely to be, processed. Alexander Babbage is the data controller of your personal information collected through or otherwise provided to the Services. 

3. INFORMATION WE COLLECT AND HOW WE COLLECT IT

3.1. Categories of Information

When you use the Services, the categories of personal information about you that we collect may include:

• • • Your contact information (such as your name, work email address and telephone number).
    • Your business information (such as the name, size, and location of your company).
    • Other personal profile information.
    • Your mobile device and (when enabled) your location information.
    • Information about you provided by our customers.
    • Other information provided by third parties.
    • Any information you may choose to provide when you fill out a “free text” box on forms available through the Services (for example, your comments and opinions that you express when you participate in a survey, comment on a blog post or other content posted through the Services, or when you contact us by email, mail or phone).

If you are a resident of the European Union (EU), please consult Attachment 1 for more information on the categories of personal information we collect about you when you use the Services, how (for which purpose) we use that information, and the legal basis on which we rely to process the information.

3.2. Information You Provide to Us

When you download, register with, access or use the Services, or when you otherwise contact us, we may ask you to provide, or you may voluntarily provide, information, including personal information, to provide you with Services or the support you request.

• • Account information: An Alexander Babbage account is required for certain features of the Services. If you register for an Alexander Babbage account, we may require certain information, such as your first and last name, email address, and password.
  • Additional Profile Information: You may choose to provide us certain additional information as part of your Alexander Babbage account profile.
  • Other Information You Provide: You may choose to voluntarily provide additional information to us (for example, by filling out and submitting online and other forms for events, webinars, or whitepapers; responding to surveys; participating in contests, promotions or other marketing activities; providing suggestions or improvements; posting User Content via the Services or applications; or which you otherwise choose to submit through the Services).

3.3. Information Automatically Collected and Tracked

When you download, access, or use the Services, they may use technology to automatically collect information, including personal information, about the Services and how you use them. 

• • Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
  • Device Information. We may collect information about your device (including mobile, computer, wearable or other devices) and internet connection, including the device’s unique identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Stored Information and Files. The Services may also access metadata and other information associated with other files stored on your device.
  • Location Information. The Services may collect information about the location of your device.
  • Behavioral Information: We also may use technologies to collect information about your activities over time and across third-party websites, apps, or other online services, a practice which is often called behavioral or interest-based tracking.

 The technologies we use for automatic information collection may include:

• • Cookies. A cookie is a small file placed on your device or hard drive. It may be possible to refuse to accept cookies by activating the appropriate setting on your device or internet browser. However, if you select this setting you may be unable to access certain parts of our Services. For more information on cookies and similar technologies, please see our Cookie Policy.
  • Web Beacons. Certain pages or Sites in the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, or single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
  • Flash Local Shared Objects (LSOs). When we post videos or other media on the Services, third parties may use LSOs, also known as Flash cookies, to store your choices for things like volume control or to further personalize certain features. Cookie management tools provided by your browser will not delete Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, visit the guide here.

We use the information collected automatically to present the Services to you on your device; to determine news, alerts and other products and services that may be of interest to you for marketing purposes; to monitor, support and improve the Services and our business; and to help us develop new products and services. If you are a resident of the EU, please consult Attachment 2 for more information on the categories of personal information we collect about you when you use the Services, how (for which purpose) we use that information, and the legal basis on which we rely to process the information.

Please note that certain unique identifiers used to track usage information of our Services will remain the same even after you delete cookies and web data, reset the data associated with the application, and uninstall or reinstall the Service. These unique identifiers consist of a number or an alphanumeric string and may be unique to your device, but do not include personal information.

3.4. Information We Collect from Third Parties

We may collect information, including personal information, that others provide about you when they use the Services, or obtain information from other sources (including social media networks) and combine that with information we collect through the Services. Any information request regarding the disclosure of your personal information to us by these third parties should be directed to them.

• • Third Party Services. When you use the Services or any content made available through the Services, certain third parties may use automatic information collection and tracking technologies to collect information about you or your device. These third parties may include advertisers, ad networks, and ad servers; analytics companies; your mobile device manufacturer; your mobile service provider; and other third parties. We do not control third parties’ collection or use of your information to serve advertisements tailored to your interests or preferences (often called interest-based advertising). This information varies and is controlled by those third-party services or as authorized by you via your privacy settings with those services.
  • Marketing Service Providers/Customers/Business Partners. We may also receive information collected by our marketing service providers on our behalf, including marketing lead generation service providers, databases, marketing opt-in lists or other data aggregators, as well as information shared with us by our customers and business partners.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, identity or account verification information, or fraud detection information, from third party service providers and/or partners, and combine it with other information we have about you.

4. HOW WE USE YOUR INFORMATION

 4.1. Generally

This section (Section 4) describes in general terms how we use your personal information. Please see Attachment 1 for more detailed information on the categories of personal information we collect about you when you use the Services, how (for which purpose) we use that information, as well as the legal basis on which we rely to process the information.

4.2. Provide Our Services

 We use your personal information to provide or facilitate:

• • Access to, and use and support of, the Services.
  • Payment processing and account management.
  • Order fulfillment.
  • Customer service and support.
  • Updates, security alerts, and account notifications.
  • Other services requested by you as described when we collect the information.

4.3. Understand and Improve Our Services 

We use your personal information to analyze, operate improve, and customize the Services and user experience, such as by performing data analytics and studying how the Services are used.

4.4. Administer and Protect the Services

We use your personal information to administer and protect the Services, including to:

• • Prevent, detect, investigate, and mitigate fraud, security incidents, abuse, or other potentially harmful or illegal activities.
  • Maintain the network and information security to protect information against loss, damage, theft or unauthorized access.
  • Perform troubleshooting, testing, and system maintenance.
  • Conduct security investigations and risk assessments.
  • Verify your identity.
  • Conduct checks against databases and other information sources, to the extent permitted by applicable laws and with your consent where required.

4.5. Legal and Contractual

We use your personal information for legal and contractual purposes, including to:

• • Comply with our legal and contractual obligations, including managing legal and regulatory requests and requirements.
  • Enforce or defend our rights under our Terms of Use, Privacy Policy, and other agreements and policies.
  • Resolve any disputes with any of our users and enforce our agreements with third parties.

4.6. Provide and Improve Our Marketing 

We use your personal information to: 

• • Send you promotional messages, marketing, advertising, and other information that we think may be of interest to you.
  • Personalize, measure, and improve our marketing and advertising.
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Alexander Babbage or its third-party partners.
  • Analyze, operate, protect, improve, and customize the Services and user experience, such as by performing data analytics and studying how the Services are used.

Generally, and unless you are a resident of the European Economic Area (EEA), we do not rely on your consent as a basis for processing your personal information other than in relation to sending third-party direct marketing communications to you via email or text message. Where we collect your personal information with consent, you may withdraw your consent for us to use your information at any time by unsubscribing, managing your preferences through your account, following any instructions provided in our communication with you, or contacting us (See “Your Choices About our Marketing Activities” below).

5. DISCLOSURE OF YOUR PERSONAL INFORMATION

We will only share personal information collected through the Services as follows:

• • With your consent.
  • To contractors, service providers, and other third parties we use to support our Services, and only for the purposes for which we disclose it to them.
  • To our corporate family of companies that are related by common ownership or control, to enable or support us in providing 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 Alexander Babbage’s assets, whether as a going concern or as part of bankruptcy, insolvency, liquidation, or similar proceeding, in which personal information held by Alexander Babbage about the Services and users are among the assets transferred.
  • To third parties to market their products or services to you if you have consented to or not opted out of these disclosures.
  • For any other purpose disclosed by us when you provide the information.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from, or to comply with any obligations under, any contracts entered into between you and us, including the Terms of Use, and for billing and collection under those contracts.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others.
  • We may also share aggregated information (information about our users that is combined so that it no longer identifies an individual user) and other pseudonymized or anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

6. YOUR CHOICES ABOUT OUR MARKETING ACTIVITIES

6.1. Marketing Communications for Non-EEA Residents

From time to time, you may receive marketing communications from us if you have requested information from us or purchased services from us and, in each case (unless you are a resident of the European Economic Area), you have not opted out of receiving such communications. If you are a resident of the EEA, you will not receive such communications from us unless you have specifically opted in to receive them, as described further in Section 6.4 (EEA Residents) below. In any case, most such communications we send will be by email. For some communications, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you.

6.2. Opt-Out 

You can ask us to stop sending you marketing messages at any time by contacting us at privacy@alexanderbabbage.com, or by using the contact information set forth below.

6.3. Third Party Marketing 

We will get your express opt-in consent before we share your personal information with any company outside Alexander Babbage for marketing purposes.

6.4. EEA Residents

If you are resident in the EEA, we will send you marketing messages only if you have given us your consent to do so. If you do not want to receive messages from us, you will be able to tell us by taking certain actions on forms or screens we use when we first collect your contact details or by refusing or withdrawing your consent after you have provided it. You can also change your preferences later by clicking on the unsubscribe link at the bottom of our messages or by emailing us at privacy@alexanderbabbage.com.

6.5. Non-Marketing Messages

Please note that if you do opt out of or do not grant (or withdraw) consent to receiving marketing-related messages from us, we may still send you non-marketing messages.

6.6. Affiliate Usage

Your personal information may also be shared with any affiliates of Alexander Babbage, which may also use this information for the same purposes outlined in this Privacy Policy.

7. INTEREST-BASED ADVERTISING

7.1.      Interest-Based Advertising

We may participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history. If so, we may permit third-party online advertising networks, social media companies and other third-party services to collect information about your use of the Services over time so that they may play or display ads on the Services, on other websites, apps, services or devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies (for further information, see Section 3.3 and our Cookie Policy). We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

7.2.      Online Resources

To learn about interest-based advertising and how you may be able to opt out of some of this advertising, you may wish to visit the Network Advertising Initiative (NAI) online resources currently available at http://www.networkadvertising.org/choices, the Digital Advertising Alliance (DAA) resources currently available at www.aboutads.info/choices, or Your Online Choices, currently available at www.youronlinechoices.com/uk. Please note that opting out of receiving interest-based advertising through the NAI, DAA, or Your Online Choices online resources will only opt out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use. In addition, some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt out again.

8. USER CONTENT

Content you post or otherwise make available on the Services (“User Content”) may be viewed by other users in accordance with privacy settings available through the Services. Alexander Babbage can, but has no obligation, to monitor any User Content. We can remove any User Content for any reason or no reason. Unless User Content is made viewable in accordance with your settings in the Services, Alexander Babbage will not view User Content except: (I) to maintain, provide or improve the Services; (II) to help you or resolve your support requests; or (III) as Alexander Babbage believes, in its sole discretion, is necessary to comply with or avoid the violation of applicable law or regulation, cooperate with law enforcement, or enforce its rights under the Terms of Use, this Privacy Policy, and other agreements and policies with you or third parties.

9. YOUR RIGHTS OVER YOUR PERSONAL INFORMATION

If you are resident in the European Economic Area (EEA), under the General Data Protection Regulation (GDPR), you have the following rights in respect of your personal information that we hold:

• • Right of access. You have the right to obtain:
    • confirmation of whether, and where, we are processing your personal information;
    • information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
    • information about the categories of recipients with whom we may share your personal information; and
    • a copy of the personal information we hold about you.
  • Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.
  • Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
  • Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
  • Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
  • Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to the user of your personal information in connection with marketing activities for any reason.

If you are resident in France, you also have the right to set guidelines for the retention and communication of your personal information after your death.

If you are concerned about the personal information collected as you use our Services or would like to discuss or exercise rights you may have under this Privacy Policy or applicable law, you may contact us at privacy@alexanderbabbage.com and we will respond (or facilitate a response) to your request.

10. DATA RETENTION

We will retain your personal information for no longer than necessary for the purposes for which it was collected (as described in further detail in Attachments 1 and 2), and if necessary to comply with our legal obligations and legitimate business interests. If you no longer want us to use your personal information to provide the Services to you, you may request that we erase your personal information and close your account. Please be aware that because we maintain the Services so as to protect information from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

11. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. If you have any questions about the security of our Services, please contact us at privacy@alexanderbabbage.com.

12. CHILDREN UNDER THE AGE OF 16

The Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@alexanderbabbage.com or by using the contact information set forth below.

13. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Information regarding the information we collect and how it is used is described in Attachment 3. To make such a request, please contact us at privacy@alexanderbabbage.com.

14. INTERNATIONAL DATA TRANSFER

Your personal information may be transferred to, stored, and processed in the United States or a country that is not regarded as providing the same level of protection for personal information as the laws of your home country. By using the Services, you consent to the transfer of your personal information to countries outside your country of residence, including the United States, whose protection of personal information may differ from that offered by your country of residence. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information.

Whenever we transfer the personal information of individuals resident in the European Economic Area (EEA) to countries outside the EEA, we extend a similar degree of protection to that information by ensuring at least one of the following safeguards is implemented:

• • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission.
  • Where we use certain service providers, we may use specific contractual provisions approved by the European Commission which give personal information the same protection it has in the EEA.

15. CHANGES TO OUR PRIVACY POLICY

We may update our Privacy Policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by email to the primary email address and/or phone number specified in your account, or by an alert in the Services that will appear the first time you use the Services after we make the change. Modifications will be effective as of the date stated on the update, or such other date as communicated in the notice to you.

The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and deliverable email address and/or phone number for you and for periodically visiting this Privacy Policy to check for any changes.

LODGING COMPLAINTS

You have the right to lodge complaints about the data processing activities carried out by Alexander Babbage before your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. In addition, residents in other jurisdictions may also have similar rights to the above. Please contact us at privacy@alexanderbabbage.com if you would like to exercise one of these rights, and we will comply with your request to the extent required under applicable law.

CONTACT INFORMATION

To ask questions about or comment on this Privacy Policy and our privacy practices, contact us at privacy@alexanderbabbage.com or at the following address:

Alexander Babbage, Inc.
1349 West Peachtree St. NW, Suite 1525
Atlanta, Georgia 30309
info@alexanderbabbage.com
404-961-7600

ATTACHMENT 1

PERSONAL INFORMATION WE COLLECT WHEN YOU USE THE SERVICES 

We generally rely on the following three main bases to process your personal information:

• • to perform the contract we are about to enter into or have entered into with you, including the Terms of Use, this Privacy Policy, and other agreements and policies;
  • for our legitimate interests or those of a third party, where your rights and interests do not override those interests; or
  • to comply with a legal or regulatory obligation.

Sometimes, we may rely on other legal bases to process your information, such as where you have given us consent to use your personal information in certain ways or to protect a user’s vital interest. We also may process your personal information relying on more than one legal basis, depending on the specific purpose for which we are using your personal information.

The table below provides further details on the categories of information we collect about you when you use the Services, how (for which purpose) we use that information, and the legal basis we rely on to process that information. You can also contact us at privacy@alexanderbabbage.com for more information about the specific legal ground we are relying on to process your personal information where more than one ground has been set forth below.