Blackbox

BLACKBOX GLOBAL INC.

PRIVACY POLICY

Effective Date: May 22, 2018

1. Introduction

This Privacy Policy describes and explains how BlackBox Global Inc., a Delaware corporation (“BlackBox”, “we” or “us”) uses personal information (“Personal Information”) of Users who visit or register on the BlackBox app or BlackBox Site (helloblackbox.com) (collectively, the “Site”). It applies (i) immediately to Users who register on or after the Effective Date and (ii) on the Effective Date to Users who registered before the Effective Date. Any person who does not agree to be bound by this Privacy Policy should not create a User Account or interact with the Site. All capitalized terms have the meanings set forth in Section 2; provided, that any capitalized terms not defined in Section 2 shall have the meanings set forth in the BlackBox Terms of Use.

Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us online at helloblackbox.com, or by mail at:

43 West 23rd Street
New York, NY 10010

2. Definitions

  1. BlackBox Affiliates” means (i) any parent, subsidiary, member, officer, director, employee, or agent of BlackBox or any company under common control with BlackBox, or (ii) any third party with which BlackBox has a commercial relationship.
  2. Contact Information” means (i) your name, (ii) your physical address, (iii) your email address and (iv) your telephone number.
  3. Customer” is a person that opens a Customer Account.
  4. Effective Date” means the date set forth at the beginning of this document.
  5. Financial Account Information” means your credit card number, credit card expiration date and credit card verification code, all with respect to one or more credit cards that you have the lawful right to use, and your bank account number, bank account title, bank name, branch location and routing number, all with respect to one or more accounts that you have the lawful right to access.
  6. Privacy Policy” means the set of policies set forth in this document.
  7. Provider” is a service Provider or other professional that opens a Provider Account.
  8. Third Party Sites” has the meaning set forth in Section 9.
  9. Transaction Information” means all information related to transactions that Customers conduct via the Site.
  10. User” is a person that opens a Customer Account or a Provider Account.
  11. User Account” means an account permitting access to the Site, with which a User name and password is associated.
  12. User Account Information” means information that identifies you to BlackBox’s Site, including your User name, password, internet protocol address, MAC address, device type and device identifier.
  13. User Terms” means BlackBox’s Terms of Use, as applicable to a particular User located at helloblackbox.com.

3. Types of Personal Information We Collect

BlackBox collects the following types of information about you (collectively, “Personal Information”):

  1. Contact Information
  2. Financial Account Information
  3. Transaction Information
  4. User Account Information

4. Mechanisms for Collection of Personal Information

BlackBox collects Personal Information (i) upon a User’s creation of a User Account, (ii) upon logging into the Site, (iii) upon interaction on the Site, including without limitation when you subscribe for services by means of the Site, and (iv) when you communicate with BlackBox.

BlackBox uses cookies and related technologies, including without limitation pixels and local storage to obtain certain types of User Account Information.

5. Purpose of Collection and Use of Personal Information

BlackBox may use Personal Information to:

  • Operate and improve the Site;
  • Target offers to Users;
  • Administer the Site’s facilities for communications among and between customers and providers and the public in general;
  • Evaluate eligibility of customers for certain offers, products or services;
  • Evaluate the types of offers, products or services that may be of interest to customers;
  • Provide customer support;
  • Communicate with Users regarding support, security, technical issues, commerce, marketing, and transactions;
  • Facilitate marketing, advertising, surveys;
  • Administer the Site, User Accounts and transactions with respect to User Accounts; and
  • Administer and carry out our obligations under contracts and to comply with the law.

6. Disclosure of Personal Information

We may disclose your Personal Information to:

  • BlackBox Affiliates, which may use the Personal Information for the purposes described in Section 5;
  • Service providers which act for us or provide services for us, such as for marketing or for the processing of payments, and as to such service providers their use of Personal Information is subject to our agreements with them and any applicable laws;
  • Providers which arrange transactions with Customers via the Site or the App;
  • any person or government agency in response to a subpoena;
  • to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued;
  • any person to enforce our rights or protect our property, to protect the rights, property or safety of others, or to investigate fraud;
  • any person, at your specific direction; and
  • BlackBox’s employees and outside professionals (such as lawyers and accountants) for the purpose of auditing, compliance, and corporate governance.

7. Cookies and Related Technologies

When you access our Site, we may place small data files on your computer or other device known as “cookies”. We use cookies to recognize you as a User. Cookies may remain on your device until you erase them or they expire.

You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of our Site. You should refer to the help sections of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling cookies.

8. Email Policies

BlackBox reserves the right to send you e-mail relating to your User Account, and to the BlackBox Service. You agree to receive such emails, but may opt out by emailing hello@helloblackbox.com.

9. No Responsibility for Privacy Practices of Third Parties

This Privacy Policy applies only to the Site. It does not apply to sites that have linked or are redirected to or from the Site (“ Third Party Sites”), regardless of whether or not such link or redirection is authorized by BlackBox. Third Party Sites may have their own policies regarding privacy, or no policy at all. BlackBox is not responsible for Third Party Sites and you use them at your own risk.

10. Interactions With Others

The Site may contain areas where you may be able to publicly post information, communicate with others such as by discussion boards or blogs, review Providers, and submit media content. Such use is subject to our User Terms, and may be viewed by the public at large. Any information, including Personal Information, which you post on such areas of the Site, will be public, and, therefore, anyone who accesses such postings will have the ability to read, collect and further disseminate such information. Transaction Information will be shared only with Providers whom you select to work with via the Site.

11. Accessing and Correcting Personal Information

You may correct or update certain of your Personal Information via your “My Account” screens on the Site.

You may close an account, but BlackBox will nevertheless retain your Personal Information so as to protect the business interests of BlackBox, BlackBox Affiliates, Customers, Providers and other Users. Those interests include the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.

12. Changes to the Privacy Policy

BlackBox reserves the right to change this Privacy Policy. Such changes may be announced to you either by email or by the posting of the revised policy on the Site. You are responsible for reviewing both your own email and the Site to determine what is the then-current Privacy Policy.

13. Notice to Residents of Countries outside the United States of America

BlackBox is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to BlackBox Affiliates, business partners, Providers, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. BlackBox will adhere to its Privacy Policy, regardless of where the Personal Information is processed or stored.

14. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform Users about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by BlackBox pursuant to Section 1798.83 of the California Civil Code, please contact us via email to hello@helloblackbox.com, or by writing us at the following address:

43 West 23rd Street
New York, NY 10010

15. Special Note for EU Individuals

The information we collect through the website is controlled by Blackbox, which is headquartered in the United States at 43 West 23rd Street, New York, NY 10010. As described above, we also act as a service provider (or data processor) on behalf of and in accordance with our Customer’s instructions. When we act as a service provider, if you have questions about the processing of your information or to exercise any applicable legal rights, please contact us via the means to do so provided below.

The legal bases for using your personal information

We collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:

  • You have affirmatively given us consent;
  • Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your legal rights;
  • Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you; and/or
  • Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).

If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.

Your legal rights

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information:

Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and:(i) the source of your personal information; (ii) the purposes, legal basis and methods of processing; (iii) the data controller’s identity; and (iv) the entities or categories of entities to whom your personal information may be transferred.

You also have the right to request that we delete your information.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data.

We can continue to use your personal information following a request for restriction, where:

  • we have your consent; or
  • to establish, exercise or defend legal claims; or
  • to protect the rights of another natural or legal person.

Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.

Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at 43 West 23rd Street, New York, NY 10010. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Cross-border Transfer of Information

Blackbox generally maintains servers and systems in the United States hosted by third party service providers. We also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with our website is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification mechanisms such as the EU - US Privacy Shield. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.