BRAND PROTECTION AGENCY, LLC

Privacy Policy

Last updated: July 1, 2018

This is the privacy policy (“Privacy Policy”) that governs how Brand Protection Agency, LLC and our affiliated companies, including ChannelSync ('ChannelSync', 'we', 'our' or 'us'), use Personal Data (defined below) that we collect, receive and store about you in connection with your use of our ChannelSync branded website: https://www.channelsync.com and any other website or application that we operate under the ChannelSync name (each, together with its sub-domains, content and services, a 'Site').

You may choose whether or not to provide or disclose Personal Data in connection with your use of our Site. If you choose not to provide the Personal Data we request, you may still visit and use parts of our Site, but may be unable to access or use certain features, options, programs, and services. Our Site may contain links to third-party websites and services that are not owned or controlled by ChannelSync. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.

1. Introduction.

We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Data that is shared with us as part of using our Site. As used in this Privacy Policy, 'Personal Data' means any information that may be used, either alone or in combination with other information, to personally identify an individual.

2. Changes to this Privacy Policy.

We reserve the right, at our discretion, to change the terms of this Privacy Policy at any time. You can see when this Privacy Policy was last updated by reviewing the “Last Updated” legend on the top of this page. We may provide you with notice of material changes to the Privacy Policy as appropriate under the circumstances. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO OUR SITE.

3. Personal Data Collected.

3.1. Personal Data You Provide To Us On Our Site.

a) Types of Personal Data. We and our service providers collect the Personal Data set forth below in order to provide our Site to you, or because we are legally required to do so. If you do not provide the Personal Data we request, we may not be able to provide you with our Site. The Personal Data we and our service providers collect includes but is not limited to:

· Name

· Email

· Address

· Company

· Title

· Prior Job Titles & Employers

· Education

· Phone

b) When Personal Data is Collected. You may be required to provide us with certain information that may constitute Personal Data in the following ways:

· Contact Information

If you choose, you may participate in a ChannelSync e-mail list server by subscribing within our Site or by contacting ChannelSync staff directly. You may unsubscribe from these e-mail list servers by following the unsubscribe instructions found within the list email.

· Login Information

We process your username and password to enable you to securely log into our Site. We process this Personal Data only as necessary to provide you services on our Site under our Terms of Use at https://www.channelsync.com/External/Terms and to further our legitimate interests in protecting our Site and content.

· Information Collected through Various Forms

We and our service providers may collect Personal Data in a variety of ways, including: (i) through use of our Site, e.g., when you sign up for a newsletter or make a purchase; (ii) offline, such as when you attend one of our conventions or contact customer service; or (iii) from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties. In addition, if you elect to connect your social media account to our Site, certain Personal Data from your social media account will be shared with us, which may include Personal Data that is part of your profile or your friends’ profiles.

· Personal Data You Disclose Relating to Others

If you disclose any Personal Data relating to other people to us or to our service providers in connection with our Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

· SOCIAL MEDIA

We have worked with certain third-party social media providers to offer you their social networking services through our services. For example, you can use third-party social networking services, including but not limited to Facebook, Google+, and others to share information about your experience on our services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our services. These third-party social networking services also may notify your friends, both on our services and on the social networking services themselves, that you are a user of our services or about your use of our services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

Our services provide Social Media Features (“Features”), such as the Facebook Like button, and widgets such as the “Share” button or interactive mini-programs that run on our site (“Widgets”). These Features may collect your IP address, which page you are visiting on our services, and may set a cookie to enable the Feature to function properly. Features and Widgets are either hosted by a third party or hosted directly on our services. Your interactions with these Features and Widgets are governed by the privacy policy of the company providing it.

3.2. Personal Data You Provide To Third Parties On Our Site. Please note that we use certain third party service providers on our Site to enhance your experience or deliver certain services. These providers may collect Personal Data about you in performing their services and/or functions on our Site. For example, some of the third party service providers we use include, but are not limited to, the following:

· New Relic in accordance with Section 3.3(d) below. To learn about the privacy practices of New Relic, please visit https://newrelic.com/termsandconditions/cookie-policy.

3.3. Information Collected Automatically. Certain information on our Site is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of our Site. Alone or in combination with other information, such automatically collected information may constitute Personal Data. Some of our service providers (described in Section 5, below) may use cookies or other methods to gather information regarding your use of our Site. Such third parties may use these cookies or other tracking methods for their own purposes by relating information about your use of our Site with any Personal Data about you that they may have. The use of such information by a third party depends on the privacy policy of that third party.

a) Log Files On Our Site. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, device IDs, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.

b) Cookies. We use cookies to make interactions with our Site easy and meaningful. When you visit our Site, our servers may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your web browser.

We may use cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your web browser’s ability to accept cookies, you may not be able to successfully use all of the features of our Site

The following sets out how we may use different categories of cookies and your options for managing cookies’ settings:

Type of Cookies

Description

Managing Settings

Required cookies

Required cookies enable you to navigate our Site and use its features, such as accessing secure areas of our Site and using our services.

If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into our Site, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into our Site and to process your online transactions and requests.

Because required cookies are essential to operate our Site, there is no option to opt out of these cookies.

Functionality cookies

Functionality cookies allow our Site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of our Site after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

To learn how to opt out of functionality cookies using your browser settings click here.

c) Other Tracking Technologies. When you visit our Site, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate our Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Site and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our Site. We may use web beacons to operate and improve our Site and email communications.

d) Analytics Software Tools. We use New Relic on our Site to help us analyze the traffic on our Site. For more information on New Relic’s processing of Personal Data and how to opt of New Relic cookies, please see https://newrelic.com/termsandconditions/cookie-policy.

4. The Purposes For Which We Use Personal Data.

If you submit or we collect Personal Data through our Site, then such Personal Data may be used in the following ways: (i) to provide, analyze, administer, and improve our Site and services, (ii) to contact you in connection with our Site and certain services, (iii) to protect our rights and/or our property and to ensure the technical functionality and security of our Site, and (iv) to allow brands to provide their product content, pricing, and/or other useful information to you.

5. How We Disclose Personal Data.

We do not sell, lease, rent or otherwise disclose the Personal Data collected from our Site to third parties unless otherwise stated below or with your consent.

5.1. Our Third Party Providers. We transfer Personal Data to our third party service providers to perform tasks on our behalf and to assist us in providing our Site, as more fully described in Section 3.2. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Data. Notwithstanding the foregoing, we will comply with applicable laws regarding Personal Data transfers as well as any transfer restriction that is specified in an agreement between ChannelSync and a customer.

5.2 Our Clients. Our clients (the “Brands”) are allowed access to the Site and your Personal Date for the purpose of providing information to your directly including, but not limited to, pricing and content to help you promote the brand.

5.2. In the Event of Merger, Sale, or Change of Control. We may transfer or assign this Privacy Policy and any Personal Data to a third party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control.

5.3. Other Disclosures. We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our terms of use, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of ChannelSync, our users, or the public.

6. Retention of Personal Data.

We reserve the right to retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes that are described in Section 4 (The Purposes For Which We Use Personal Data), and (ii) comply with applicable law.

7. Your Rights.

7.1 Personal Data. If you have an account on our Site, to the extent we are legally required, we provide access to—and the ability to edit or delete—certain categories of Personal Data through the account.

If you would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Data collected via our Site, you may submit a request to privacy@brandprotectionagency.com or write to us at:

13155 Noel Road

Suite 600

Dallas, Texas 75240

We will promptly review all such requests in accordance with applicable laws.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at privacy@brandprotectionagency.com so we have an opportunity to address your concerns directly before you do so.

7.2. Opting-Out of Promotional Emails. You may choose not to receive future promotional or advertising emails from the Brands by selecting an unsubscribe link at the bottom of each email that you receive from the Brands, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to privacy@brandprotectionagency.com. Customers cannot opt out of receiving transactional emails related to their account with us or our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any 'Contact Us' request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

8. Personal Data Transferred from the EU or Switzerland To The United States.

ChannelSync complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data from European Union (the “EU”) member countries and Switzerland. ChannelSync has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, Purpose Limitation, Access, Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, ChannelSync commits to resolve complaints about your privacy and our collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Privacy Policy should first contact us via email at: privacy@brandprotectionagency.com.

ChannelSync has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, ChannelSync is potentially liable.

9. Data Security.

The security of Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.

10. Children's Privacy.

Our Site is not intended for children under the age of 18. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 18 years of age.

11. How We Respond to Do Not Track Signals.

ChannelSync does not currently respond or take any action with respect to web browser 'do not track' signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer's online activities over time and across third-party websites or online services.

12. Your California Privacy Rights.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by ChannelSync to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to insert privacy@brandprotectionagency.com or write to us:

13155 Noel Road

Suite 600

Dallas, Texas 75240


13. Contacting Us.

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to privacy@brandprotectionagency.com.