Behaviorally Online Privacy Statement
Last modified June 2022
Behaviorally (“Behaviorally”) is committed to protecting the information that you share with us, and explaining how we collect, process, and share that information.
Scope and information that this Online Privacy Statement covers
The Site contains links to third-party websites, including websites of our business partners. We do not own, operate or control the websites of those third-parties. Accordingly, this Privacy Statement does not apply to any websites maintained or operated by third-parties for the collection, use, storage, disclosure, or other processing of your Personal Information. When you click on those links, you will go to a third-party website where you will be subject to that website’s privacy statement and we encourage you to read these materials.
Summary of Key Issues
Collection – We collect Personal Information about you that you provide to us or that we obtain while you are using the Site.
Use – We use basic Personal Information you provide to us to provide you with services from our Site, to build features that will make the Site easier to use, to contact you about these services, and to send advertisements, marketing material or other offers that we think might be of interest to you.
Sharing – We may share your Personal Information with business partners, external service providers, third party vendors, or as otherwise necessary to support a transaction with you and manage our business.
Security – We employ reasonable and current technical, administrative, and physical safeguards that are designed to prevent unauthorized access, maintain data accuracy, and designed to ensure correct use of Personal Information.
Marketing and Choices – You have control on how we use Personal Information for marketing. You can exercise your control in any marketing communication, please click here for more information.
International Transfers – Our Site is operated in the United States and, as such, your Personal Information will be transferred to the United States, a jurisdiction that may not provide an equivalent level of protection as your home jurisdiction. Further information about the cross-border transfer of your Personal Information is available below. to the cross-border transfer of Personal Information and the other activities identified in this Privacy Statement.
California Residents – If you reside in California, we are required to provide additional information to you, which is set forth below in the Privacy Notice To California Residents, about how we use and disclose your Personal Information, and you may have additional rights with regard to how we use your Personal Information.
Data Retention – We generally retain your Personal Information only as necessary to fulfill the purposes outlined in this Privacy Statement.
Children – Persons under the age of 16 are ineligible to use any services on our Site.
Changes – We will provide notice of any material changes to this Privacy Statement by posting a prominent notice on our Site and/or emailing you.
Contact Us – If you have any questions about this Privacy Statement, our privacy practices or your rights, please contact us at firstname.lastname@example.org
- Collection of Your Personal Information
We collect your Personal Information on the Site to register you for activities on our Site, enhance the services we offer you, maintain and improve the Site, protect the security of you and our Site, comply with legal obligations, and inform you about other services and products that may be available through us, our affiliated companies, and our marketing partners. We collect Personal Information about you when you interact with or use services offered on this Site, such as:
Sign up for newsletters;
Apply for a job with us;
Submit comments, reviews, or other user-generated content; and
Request customer or technical support.
Personal Information includes:
Device being used (for our mobile site); and
Other relevant data.
Even if you do not send us any Personal Information, we collect certain non-personal information about how you use our Site. This non-personal information cannot identify you, and is used for statistical purposes. Such as, but not limited to, o monitor utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services, such as those provide by [Google Analytics]. The analytics services may transfer this information to third parties in case of a legal obligation or if a third-party processes data on behalf of that service.
To compile this information, we may collect and store:
- Your IP address
- Your operating system and platform
- Your browser type and version
- Time zone setting
- Browser plug-in types and versions
- The pages you visit within the Site
- Data provider
- The length of time you spend on pages within the Site
- The site from which you linked to ours
- Search terms you used in search engines that resulted in you linking to the Site, etc.
While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.
- Use of Your Personal Information
We use your Personal Information for the following purposes:
To provide you with our services; To create de-identified Information such as aggregate statistics relating to the use of our services; To market and promote the Site and our services to you; To fulfill any other purpose for which you provide us Personal Information; and For any other purpose for which you give us authorization to:
- To enable your use of the Site.
- To communicate with you, including providing you with information yourequest and sending messages about the availability of our Site, security, orother service-related issues.
- For other everyday business purposes such as product development, contract management, IT and website administration and security, analytics, fraud prevention, corporate governance, reporting and legal compliance.
- To carry out our obligations and enforce our rights including those arising from any contracts entered into between you and us, including for billing, payment, and collections.
- To review, improve, and monitor our website, applications, online services, and overall client experience, including to provide customization to meet the specific needs, ensure a consistent experience, and to assess trends, interests, and the demands of clients.
- To provide customer service and engage in quality control activities concerning our products and services.
- For testing, research, analytics and product and service development.
- To respond to law enforcement requests and as required by applicable law, court order, governmental regulations, or other lawful processes; for public safety purposes.
- To process applications for employment, as well as to evaluate and improve our recruiting efforts.
- As necessary or appropriate to protect the rights, property, security, and safety of us, our employees, our consumers, our information systems, and the public.
To evaluate or conduct 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 is among the assets transferred.
- Sharing of Your Personal Information
Whatever the purpose may be – whether we share with service providers or other external entities – we only use and share your Personal Information to the extent reasonably necessary to fulfill your requests and meet our legitimate business and legal objectives. When we disclose Personal Information to external entities to perform support services for us, we establish by contract that they may access your Personal Information only for the purposes of performing those support services. We may also disclose what we know about you to our business partners, to offer you other similar products and services. We may also use and disclose certain Personal Information to our affiliated companies and others for any purpose allowed by law.
Additional disclosures. We may disclose information about you if we have a good faith belief that disclosure is reasonably necessary to:
demonstrate our relationship with you;
investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies;
protect the security or integrity of the Site;
protect against or investigate fraud;
investigate and defend ourselves against any third-party allegations or claims; or
protect the rights and safety of others.
Change in Control or Sale. We can share, sell, assign, or license your personal data in connection with certain business transactions, such as a sale, acquisitions, merger, or change in control, or in preparation for any of these events. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy. Any entity that acquires all or substantially all of the Company’s assets will have the right to continue using your data consistent with this Policy or as otherwise agreed to by you.
Behaviorally Business Activities. We generally process and may disclose your Personal Information to the categories of recipients outlined above in order to:
Perform certain transactions initiated by you;
Respond to your questions, complaints, or reviews;
Market our services to you, and send you communications about online transactions, product information, ads and promotions, electronic newsletters, or other notices you requested or offers tailored to you;
Enable our advertisers to provide you with more personalized content, and track the effectiveness of certain advertising campaigns;
Comply with applicable law, obey judicial orders, cooperate with law enforcement authorities, or prevent any suspected illegal activities;
Help us run our business; or
For any other everyday business purposes, such as product development and Site administration.
We may need to use or disclose this information with a member of our group partners or third-party vendors as follows:
With your consent or as you direct;
- To manage the Site;
- To improve and optimize our Site;
- For cloud storage;
- To process payments and requests for products and services;
- To enhance our services by, among other methods, obtaining assistance with providing more personalized services to you through analytics and other technologies (including, but not limited to, data storage, maintenance services, database management, web analytics and payment processing);
- To protect our interests and legal rights, such as through responding to subpoenas and defending litigation; and
- To protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities
- Your Choices Concerning Your Personal Information
You have the following choices regarding our use and disclosure of your Personal Information:
Marketing Communications. If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed, or receive any other communication from us, please follow the unsubscribe link in the relevant communications or contact us using the link at the bottom of the message. Even after you opt-out or update your marketing preferences, however, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, surveys, or any questions.
Cookies and Similar Technologies. Please review your browser or computer settings for certain cookies and see below to exercise certain choices regarding cookies.
IMPORTANT: By using the Site, you consent to the processing of any personal information for the analytics purposes and functions described above.
You are not required to provide all Personal Information identified in this Privacy Statement to use our Site, but certain aspects of our Site will not be available to you if you choose not to provide Personal Information. However, you can use our services without consenting to non-essential cookies or direct marketing emails; the only consequences being that our products and services will be less communicated, we may not be able to provide the support you seek, and you may miss out on promotions and news about our products and services.
- Cookies and Similar Tracking Technologies
Information Collected Through Technology. Information is also obtained in other ways through technology we deploy. Some of this information may be linked to you personally. In accordance with applicable law, Behaviorally uses and allows third parties to use essential and non-essential cookies, online tracking tools, web beacons, and similar technologies (collectively, “cookies”) on our Site. A cookie is a small file consisting of letters and numbers that automatically collects certain information from you. This file uniquely identifies and recognizes your browser or device and transmits information back to the server. Depending on the cookie type, it may perform functions such as remembering the contents of a shopping cart or your user preferences, improving the quality of your visit, recording the website pages you view, remembering the name or address you entered during a visit, or delivering ads that are targeted to your interests and browsing activity. We process this information to help our Site function correctly, and better understand the needs of our customers We also use advertising/marketing cookies on the Site to help us with marketing activities.
Cookies on our Site generally fall into the following categories:
Strictly Necessary Cookies: These are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas. These cookies are session cookies which are erased when you close your browser.
Analytical/Performance Cookies: These allow us to recognize and count the number of users of our Site and see how those users navigate through our Site. This helps to improve how our Site works, for example, by ensuring that users can find what they are looking for easily. These cookies are session cookies which are erased when you close your browser.
Functional Cookies: These improve the functional performance of our Site and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Site and asked to remain logged into it. These cookies are session cookies which are erased when you close your browser.
Advertising/Marketing Cookies: These cookies provide functions such as helping customize your website experience, tailoring ads based on your online activities and interests, and preventing the same ad from reappearing. The may share the information we collect from these cookies with third parties or third parties may set these cookies on your computer or devices. Advertising and marketing cookies may track your activities.
Social Media Cookies: These cookies permit you to share content from a website on social media platforms, link activity between a website and a third-party sharing platform, and enable targeted advertising.
We advertise in a number of ways, including online through managed social media presences, and on other unaffiliated sites and mobile applications. To understand how our advertising campaigns are performing, we may collect certain information via cookies on our Site through our advertising service providers. The information we collect includes IP addresses, the number of page visits, pages viewed via our Site, search engine referrals, browsing activities over time and across other websites following your visit to our Site or applications, and responses to advertisements and promotions on the websites and applications where we advertise.
We also use certain information to identify new visitors to our Site, recognize returning visitors, advertise on other websites and mobile applications not affiliated with us, analyze the effectiveness of our advertisements, better understand our audience, customers, or other Site visitors, and determine whether you might be interested in new products or services.
Controlling Our Tracking Tools. Your browser may give you the ability to control cookies. How you do so, however, depends on your browser and the type of cookie. Certain browsers or browser plugins can be set to reject all browser cookies. If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our Site. (e.g., we will not be able to provide you with searches that you have asked us to save). You can change your cookie settings at any time.
Do Not Track.
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are still not uniform, so we are not currently set up to respond to those signals.
Controlling Online Interest-Based Ads. We sometimes work with online advertising vendors to provide you with relevant and useful ads. This may include ads served on or through our Site. This may also include ads served on other companies’ websites. These ads may be based on information collected by us or third parties. For example, your postal code may be used to target an ad for people in your area. These ads may also be based on your activities on our Site or on third-party websites.
For more information about our ad service provider and its cookies, including information about how to opt out of these technologies, you may visit http://optout.aboutads.info In addition, users may prevent Google’s collection of data generated by your use of the Site (including your IP address) by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
The security and confidentiality of your Personal Information matters to us. That’s why we have reasonable and appropriate technical, administrative, and physical controls in place to protect your Personal Information from unauthorized access, use, and disclosure. For example, we encrypt all information you submit to us using Secure Sockets Layer (“SSL”) technology that helps protect information during transport to our Site. We also review our security procedures periodically to consider appropriate new technology and updated methods. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
- Data Retention
Depending on the service you require, we will retain your Personal Information only for the period necessary to fulfill the purposes outlined in this Privacy Statement or as set out in our contracts with our business partners, unless a longer retention period is required or permitted by a law that applies to us and for our legitimate business needs.
- International Transfers
Our Site is operated in the United States and, as such, your Personal Information will be transferred to the United States, a jurisdiction that may not provide an equivalent level of protection as your home jurisdiction. Cross-border transfer is, therefore, necessary for the conclusion or performance of a transaction that you are requesting, and for the establishment, exercise, and defense of legal claims. To the extent permitted by local law, your use of the Site or provision of any Personal Information constitutes – where legally required – your consent to the cross-border transfer of Personal Information and the other activities identified in this Privacy Statement.
This Site is not intended or directed to individuals under the age of 16, and we do not knowingly collect any Personal Information from minors, or knowingly track the use of our Site by children. If Behaviorally has actual knowledge that Personal Information about a person under 16 years old has been collected, then Behaviorally will take the appropriate steps to remove or disable that Personal Information. If you believe we have impermissibly collected Personal Information from someone under the age of 16, please contact us as detailed below.
- Applicable law
- Changes or Other Updates to this Privacy Statement
We may amend this Privacy Statement at any time. If we make any material change in how we collect, use, disclose, or otherwise process Personal Information, we will prominently post an updated Privacy Statement on our Site. Any material changes to this Privacy Statement will be effective 10 days after our posting of the updated Privacy Statement or as otherwise required by applicable law. Where required to do so by law, we will seek your prior consent to any material changes we make to this Privacy Statement. You understand and agree that your continued use of the Site after the effective date means that the collection, use, and sharing of your personal information is subject to the updated Policy.
Except to the extent we receive your authorization or as permitted or required by applicable law, we will handle your data in accordance with the terms of the Policy in effect at the time of the collection
- Comments and Questions
If you have any questions or concerns about this Privacy Statement or wish to correct or update your Personal Information, or unsubscribe from any updates you have requested, write to customer service at:
Attn.: Privacy Officer
500 Frank W. Burr Blvd., Suite 5
Teaneck, NJ 07666
United States of America
Toll-Free (866) 898-1253
You may also send us an email at us at email@example.com
Privacy Notice for California Residents
- “Shine the Light Law”
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.
And, if applicable:
- “Eraser Law” If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
California Consumer Privacy Act
Personal Information Collection and Purposes of Use
Consistent with the “Collection of Your Personal Information” and “Use of Your Personal Information” sections above, Behaviorally collects and uses the following categories of personal information regarding California residents: name and email address from individuals that ask questions by email or on our website related to Behaviorally, its products and services, and name and email address from individuals that have requested customer support. Data elements by statutory categories are listed below:
- Examples include real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, or other similar identifiers.
- Other elements. Examples include name, signature, characteristics or description, address, telephone number, education, employment, employment history, bank account number, credit card number.
- Characteristics of protected classifications under California or federal law. Examples include race, religion, and age.
- Commercial information. This includes services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Education information. This includes information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, Sec. 1232g; 34 C.F.R. Part 99).
- Internet or other electronic network activity. Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.
- Geolocation data. This might include location information while using one of our apps.
- Audio, electronic, visual, thermal, olfactory, or similar information. Examples of this category including identifiable information obtained about you while speaking with our customer service representatives on the telephone.
- Professional or employment-related information.
- Consumer profile. This includes inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and behaviors.
Our Personal Information Handling Practices in the Preceding 12 Months
In the preceding 12 months, we have collected the following categories of personal information from California residents: name and email address from individuals that have asked questions on our website related to Behaviorally, its products and services, and name and email from those in need of customer support for a product purchased.
Sources of Personal Information
We have collected that personal information from the following categories of sources: directly from those California residents submitting inquiries on our website, those that have sent us emails, those that have used our Site, or those that have called Behaviorally directly for customer support.
Our Purpose for Collecting Your Personal Information
We have collected that personal information from California residents for the following purposes: to answer questions related to Behaviorally, its products or services and/or to provide customer support.
Sharing or Disclosing Personal Information
We have shared the personal information of California residents with the following categories of third parties:
third party service providers in order to respond to your inquiries and with whom we engage to diagnose, address and/or resolve your request for customer support. Including but not limited to;
- Third parties as directed by you. We will share your PI with those third parties to whom you direct.
- Our business partners. For example, we might share your PI with one of our business partners for purposes of collaborating on providing services to you, for advertising or marketing, or to invite you to an event we are organizing. These business partners should also have their own privacy statements that set out the manner in which they will collect, use, and disclose PI. Where applicable, we encourage you to review each such business partner’s privacy statement before signing on with them.
- Third parties who perform services on our behalf. For example, we share information with certain service providers, including marketing companies, professional service providers, debt collectors, information technology providers, and data storage companies. We might also authorize our service providers to collect PI on our behalf
In the preceding 12 months, we have not sold personal information about California residents.
We do not have actual knowledge that we have sold personal information of minors under age 16.
In the preceding 12 months, Behaviorally disclosed California residents’ personal information only if necessary to our third party service providers to respond to your inquiries and for the purpose of diagnosing, addressing and/or resolving requests from a consumer for a product purchased.
California Residents’ Privacy Rights
California residents have rights to request access to or deletion of their personal information, subject to certain exceptions. If you are a California resident, you can submit such access or deletion requests with us as follows: contact us by email at firstname.lastname@example.org or call toll-free (866) 898-1253.
Submitting Rights Requests
The Company will undertake to verify that the consumer making the request is the consumer (or by a consumer on behalf of the consumer’s minor child or is authorized by the consumer) about whom the Company has collected personal information by matching the identifying information that the consumer (or by a consumer on behalf of the consumer’s minor child or is authorized by the consumer) has provided with the personal information maintained by the Company or through the use of a third party service provider. We may not be able to respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. However, making a verifiable consumer request does not require you to create an account with us
You may authorize a natural person, or a business registered with the California Secretary of State to act on your behalf with respect to the right under this CA Addendum. When you submit a Request to Know or a Request to Delete, unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent written permission (signed by you) to act on your behalf and verify the authorized agent’s identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
We will not discriminate against you for exercising any of your CCPA rights. For example, we generally will not provide you a different level or quality of goods or services if you exercise your rights under the CCPA.
EUROPEAN ECONOMIC AREA and the U.K.
If you are located in the European Economic Area or the U.K., referred to for ease of reference as “EU”, please read the following:
This section incorporates the general provisions of the Policy, where applicable. If any provision in the Policy is inconsistent with this EU-specific section (“EU Policy”), the terms of this EU Policy shall apply to the processing of Personal Data subject to this EU Policy. Terms used in this EU Policy shall have the meaning ascribed to them by the applicable data protection law, including the definition of Personal Data.
For purposes of applicable data protection laws, we are the data controller of the Personal Data we collect through this Site. As data controller, we process your Personal Data in accordance with this EU Policy. If you have any questions, you may contact us at email@example.com or Toll-Free (866) 898-1253
We make every attempt to process your Personal Data in accordance with applicable law. In addition to the information provided above, individuals located in the EU should be aware of the following:
Rights. You may have certain additional rights, subject to limitations, regarding the processing of your Personal Data. These may include the right to:
- Access or request a copy of your Personal Data
- Correct any inaccuracies relating to your Personal Data
- Restrict the processing of your Personal Data
- Object to the processing of your Personal Data, including where the data is used for marketing purposes
- Request the erasure of your Personal Data
- Receive your Personal Data in a commonly-used machine readable format and have that data transmitted to a data controller of your choosing.
- Withdraw your consent to the processing of your Personal Data where processing is based on consent
- Right not to be subject to automated decisions where the decision produces a legal effect or similarly significant effect
- Lodge a complaint with the appropriate authority in your jurisdiction
To exercise any of these rights, please contact us at firstname.lastname@example.org.
Legal Basis for Processing. The following chart identifies the legal basis for processing Personal Data we collect from you. We may process your Personal Data for a variety of purposes as outlined in this EU Policy. In general, we will process your Personal Data based on your consent, our legitimate interests, for performance of a contract with you or to meet legal obligations.
You may obtain information regarding how we assess our legitimate interests or opt out of our processing your Personal Data where our legitimate interest is not outweighed by your privacy rights by contacting us at email@example.com.
Purpose for processing
Legal basis for processing
Special categories of data
Marketing and Communications data
Performance of a contract
Legal or regulatory requirements
You are not required to provide any of this Personal Data; however, if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site.
We will process your Personal Data for the purpose for which we collected it and for further purposes only if we deem them compatible with that original purpose.
Retention. We retain your Personal Data only for the period of time needed to fulfill the purposes stated in this Policy, comply with applicable laws, and for our legitimate business needs.