Privacy Insights Loud-Hailer

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Privacy Policy & Consent To Use Of Data

Loud-Hailer, Inc. (“Loud-Hailer”) respects the privacy of every individual who visits www.loud-hailer.com or www.heybuki.com (collectively, the “Site”), which Loud-Hailer owns and operates as the data controller. This Privacy Policy and Consent to Use of Data (the “Privacy Policy”) describes the information we process to support the Site, Loud-Hailer’s mobile application (the “App”), Loud-Hailer’s customer content management system (“CMS”) (collectively, the Site, App, and CMS are referred to as the “Loud-Hailer System”), and how Loud-Hailer may collect and may use that information.  This Privacy Policy only addresses information collected directly through or from the Loud-Hailer System.  This Privacy Policy does not address or govern any information gathering, use, or dissemination practices related to personal data collected from you other than directly through or from the Loud-Hailer System, such as from telephone, facsimile, personal delivery, U.S. Mail, or any other offline means or media.  This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.  

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Loud-Hailer System. By accessing or using the Loud-Hailer System, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Policy Modifications & Contacting Loud-Hailer). Your continued use of the Loud-Hailer System after we make changes to the Privacy Policy is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. This Privacy Policy is incorporated into Loud-Hailer’s End User License Agreement for the Loud-Hailer System.

  • WHAT INFORMATION IS COLLECTED ABOUT YOU? HOW DO WE USE IT?
  • Information and Content You Provide

Loud-Hailer collects the content, communications, and other information you provide when you use the Loud-Hailer System, including when you register an account through the BUKI app, access Loud-Hailer’s services through the BUKI Box, or communicate to Loud-Hailer through the Site.  Loud-Hailer or its service providers acting on Loud-Hailer’s behalf collect personal information (information that either on its own or when combined with other information, can be used to identify you) that you provide to us, such as your first and last name, email address, telephone number(s), mailing address, and payment information (including any payment access card information provided by you). We also collect more specific information that you knowingly provide through the Loud-Hailer System. Some of this more specific information is collected on the Site, and some is collected through other means such as through the connection between your device and BUKI Boxes within range of your device.

  • Information Collected Automatically

When you use the Loud-Hailer System, we or our service providers, may also collect information about your use of the Loud-Hailer System and the device you use to access the Loud-Hailer (e.g., your computer, tablet, phone, etc.) such as your IP address, country location, browser information (including type, capabilities, and language), operating system, the date and time you accessed the Site, and usage information, including the paths taken as you move from one webpage to another webpage.  

  • Information from Third Parties

We may also receive data from third parties and combine this information with other information about you to facilitate more relevant, targeted communications as well as develop products and services that better suit our customers’ needs.

  • LEGAL BASIS FOR USE OF INFORMATION

If you are accessing the Loud-Hailer System from the European Economic Area (“EEA”), then applicable law requires us to ensure that we only process your personal information when we have a legal basis to do so.  We will only process your personal information where at least one of the following applies:

  1. If it is in the legitimate interests of Loud-Hailer to use your personal information.  For example, it is in our legitimate interests to use your personal information to improve the Loud-Hailer System, for recordkeeping, Site, App, and CMS improvement, and to share your personal information with third parties who provide services to us relating to the Loud-Hailer System.  If you would like further information about how we decide when a particular use is in our legitimate interests, you may contact us using the contact details set out below.
  2. We need to use your personal information to manage our contractual relationship with you.  For example, your personal information such as your name, postal and email addresses, phone numbers, and other personal information voluntarily provided to Loud-Hailer may be added to Loud-Hailer’s databases and used for future contact regarding updates to the Loud-Hailer System.  You agree that Loud-Hailer may use your personal information to contact you.
  3. We may ask for your consent to use certain types of personal information by, for example, asking you to click an icon stating “Accept.”  In these circumstances, your consent will be our legal basis for processing your personal information.  If you have provided your consent, you may withdraw it at any time by “opting out” using the procedure provided below.
  • USE OF PERSONAL DATA

Loud-Hailer and its service providers take the utmost care to ensure that the personal information we obtain from you is used appropriately. You may wish to submit an information request about the Loud-Hailer System or subscribe to our email or postal mail lists. In response, we may ask for information such as your name and postal address. In the event you opt to provide us with this information, we will only use it for the purpose specified by you at the bottom of the information gathering form. In deciding whether or not to join such lists, please note that they are only used for the Loud-Hailer purposes. Loud-Hailer may use your personal data to: 

  • provide services you request, including:
    • to provide you with information regarding the App or the CMS;
    • to provide you with information about the area around you based on the location provided through the BUKI Box closest to your location; 
    • to provide you with the App and its contents, and any other information, products, or services you request from us;
    • to give you notices about your account/subscription, including expiration and renewal notices;
    • to notify you when App updates are available, and of changes to any products or services we offer or provide through it; or
    • to provide you with online services utilizing your connection to the BUKI Boxes near your location.
  • store and process that information to better understand your needs and how we can improve the products and services offered by Loud-Hailer;
  • contact you;
  • identify you as the sender of, and to process, your emails;
  • provide the features and functionality of the Loud-Hailer System to you;
  • send you emails or postal mail about special offers or promotions, if you have consented to this;
  • and/or for business purposes such as data analysis, billing and collection, audits, security and fraud monitoring and prevention (including with the use of closed circuit television, card keys, and other security systems), developing goods and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

Loud-Hailer may also provide other third parties with aggregate – but not individual – information about visitors to or users of the Loud-Hailer System.

  • SHARING OF DATA

Loud-Hailer and its affiliates may jointly use personal information for the purposes described in this Privacy Policy, where this is acceptable under applicable law.

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • 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 Loud-Hailer’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Loud-Hailer about users of the Loud-Hailer System is among the assets transferred.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To third parties to perform services on our behalf, such as payment processing, email marketing, analytics, promotions, and customer service. These service providers will access your personal information as necessary for them to perform their duties. For example, we will share bank details and payment card information with payment processors when you provide a payment card in connection with a purchase.  We will also share personal data with a third-party site hosting service, cloud storage service such as Amazon Web Services, and an email service such as Office365.  Such processing is necessary to perform our contract with you related to our services to you or because you have asked Loud-Hailer to take specific steps before entering into a contract regarding such services.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Loud-Hailer, our customers, users, or others, including the exchange of information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • For business purposes such as data analysis, audits, security and fraud monitoring and prevention (including with the use of closed circuit television, card keys, and other security systems), developing goods and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities, as well as professional advisors (e.g., lawyers and accountants).

Loud-Hailer and/or its affiliates may also monitor aggregated data regarding use of the Loud-Hailer System for marketing purposes and to study, improve, and promote use of the Loud-Hailer System. Loud-Hailer will aggregate your data with the personal information of other persons so that it no longer identifies you), and any disclosure of aggregated data does not reveal personal information about individual Site or App users in any way that identifies who they are or how to contact them.

  • ADDITIONAL INFORMATION COLLECTED AUTOMATICALLY

In some cases, Loud-Hailer may automatically (i.e., not via registration) collect technical information when you connect to our site that is not personally identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the website from which you linked to our site.

  • SPECIAL NOTE FOR PARENTS

The Loud-Hailer System is intended for use only by persons who are at least 16 years of age.  No one under age 16 may provide any personal information to or on the Loud-Hailer System.  We do not knowingly collect personal information from children under 16.  If you are under 16, do not use or provide any information on the Loud-Hailer System or on or through any of its features/register on the Loud-Hailer System, make any purchases through the Loud-Hailer System, use any of the interactive or public comment features of the Loud-Hailer System, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  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 are a parent and believe your child who is under the age of 16 has provided us with personal information without your express consent, please contact us at support@loud-hailer.com to have your child’s information removed. Should Loud-Hailer inadvertently acquire personal information or any other data from users under the age of 16, Loud-Hailer will not knowingly provide this data to any third party for any purpose whatsoever, and any subsequent disclosure would be due to the fact the user under 16 used the Loud-Hailer System and submitted personal information without solicitation by or permission from Loud-Hailer and/or its affiliates.

  • INFORMATION PLACED AUTOMATICALLY ON YOUR COMPUTER – COOKIES

When you view the Loud-Hailer System, including the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). 

The technologies we use for automatic data collection may involve the storage of information on your computer in the form of a “cookie” or other similar file, which can help us in many ways. A cookie file holds information related to your use of the Loud-Hailer System, and such cookie is locally stored on your device.  Cookies allow us to tailor the Loud-Hailer System to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. You can do so by activating the appropriate setting on your browser, but if you do so, you may be unable to access certain parts of the Loud-Hailer System.  Unless you have adjusted your browser setting so that it will refuse cookies, the Loud-Hailer System will issue cookies when you direct your browser to the Site, as Loud-Hailer does not respond to Do-Not-Track Disclosures requests. 

The following are examples of cookies we use:

  • Cookies (or browser cookies) necessary for the functioning of the Loud-Hailer System, including log-in, display of content, validating your session, and other functions;
  • Flash cookies (local stored objects) to collect and store information about your preferences and navigation to, from, and on the Site.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons to count users who have visited the Site or opened the App
  • Session cookies to operate the App;
  • Preference cookies to remember your preferences and various settings;
  • Security cookies for security purposes; and
  • Media cookies to improve the App and the Site, which may be placed by us or by third parties who provide services to us. 

Please refer to your browser instructions or help screen to learn more about these functions.  For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk.

By agreeing to accept our use of cookies, you are giving us, and third parties we partner with, permission to place, store, and/or access some or all of the cookies described above on your computer.  

If you do not accept our cookies, you may not be able to access all of the features of the Loud-Hailer System and/or you may experience some inconvenience in your use of the Loud-Hailer System.

You may also occasionally receive cookies from unaffiliated companies or organizations, to the extent that they place advertising on the Loud-Hailer System or are linked to the Loud-Hailer System. These third-party cookies may collect information about you when you click on their advertising or content or link. This practice is standard in the Internet industry. Because of the way in which the Internet operates, we cannot control collection of this information by these third parties, and these cookies are not subject to this Privacy Policy.

  • DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our the Loud-Hailer System, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Loud-Hailer System which may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Loud-Hailer System. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

  • STORAGE OF YOUR DATA—European Economic Area

These terms apply to personal information collected by Loud-Hailer through the Loud-Hailer System while you are in the European Economic Area (“EEA”). If you are accessing the Loud-Hailer System while in the EEA, you should be aware that the data that we collect from you will be transferred to, and stored in, the United States of America and potentially other countries.  The laws of the United States of America may not protect the privacy of your information at the same level as provided by the laws of your country.  In an effort to safeguard individual privacy, we will only transfer personal information from the EEA to another country if one of the following applies: we have entered into an agreement using standard contract clauses (approved by the European Commission or a data protection authority) with our service provider or Affiliate regarding the transfer; the service provider that transfers the data is certified under the EU-US Privacy Shield Framework; or you give your express consent to the transfer.

If you provide personal information to Loud-Hailer through the Loud-Hailer System, you acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Loud-Hailer.  If you have any questions about our transfer of personal information to the United States or any other country, or would like further information, please contact us using the details below.

  • YOUR RIGHTS REGARDING YOUR INFORMATION

These terms apply to personal information collected by Loud-Hailer through the Loud-Hailer System while you are in the European Economic Area (“EEA”).

Where Loud-Hailer collects information directly from you through the Loud-Hailer System, such personal information is controlled by Loud-Hailer, Inc., which is headquartered in the United States at Loud-Hailer, Inc., 8 North Front Street, Kingston NY 12401. Your personal information will not be stored for longer than necessary for the purposes for which they were collected, or in accordance with applicable law. And the legal basis for processing of your data includes the purposes set forth above in this Privacy Policy. In some cases, we may additionally process your information based on your consent.

Subject to applicable law, you have (i) the right to access and request personal information controlled by Loud-Hailer, (ii) the right to request the transmission of the personal information you have provided to us to you or another company, (iii) the right to object to uses or disclosures of your personal information, (iv) the right to withdraw your consent in relation to our processing of your personal information based on your consent (however, such withdrawal of consent will not affect the lawfulness of processing based on consent before such withdrawal), (v) the right to request deletion of your personal information and (vi) the right to request that we restrict processing of your personal information.  Detailed descriptions of these rights may be found at http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=EN .

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to support@loud-hailer.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by submitting a request by email to support@loud-hailer.com. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see the California Privacy Notice linked here for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: email to support@loud-hailer.com or by submitting a contact form at https://www.loud-hailer.com/contact-us/. Please know, however, we do not currently sell data triggering that statute’s opt-out requirements.

You may exercise these rights free of charge unless the request is unfounded, excessive, or otherwise unreasonable, for instance, because it is repetitive. In some situations, we may refuse to act or may impose limitations on your rights, as permitted by law. Before Loud-Hailer is able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and/or provide other details to help us respond to your request. For the exercise of your rights, please contact Loud-Hailer’s Privacy Officer  as noted below.

If you are dissatisfied, we ask that you contact us first to see if we can resolve the issue.  However, if you are an individual in the EEA or certain other jurisdictions, you may have the right to lodge a complaint with an appropriate supervisory authority. 

Loud-Hailer can be contacted by email at support@loud-hailer.com

  • YOUR CALIFORNIA PRIVACY RIGHTS

California law permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, California residents should send an e-mail to support@loud-hailer.com.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit here.

  • INFORMATION FROM SOCIAL NETWORKING SITES

The Site includes interfaces that allow you to connect with social networking sites (“SNS”) and other third-party sites. If you connect to SNS and other third-party sites through the Site,  you authorize us to access, use, and store the information that you agreed the SNS and other third-party sites could provide to us based on your settings on that SNS or other third-party site. We will access, use, and store that information in accordance with this Privacy Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable social networking sites.

  • PERMISSION FOR USE

By using the Loud-Hailer System, you acknowledge that you have reviewed the terms of this Privacy Policy and Consent to Use of Data and agree that we may collect, use, and transfer your personal information in accordance therewith. If you do not agree with these terms, you may choose not to use the the Loud-Hailer System, and please do not provide any personal information through the Loud-Hailer System.  This Privacy Policy forms part of Loud-Hailer’s Terms of Use and shall be governed by and construed in accordance with the laws of the State of New York, United States of America.  You agree to submit any dispute arising out of your use of the Site to the exclusive jurisdiction and venue of the state and federal courts of the State of New York.  

Loud-Hailer may collect and use personal information that you submit at the Site in any manner consistent with uses in this Privacy Policy or disclosed elsewhere in the site at the point you submit such personal information

  • WITHDRAWING CONSENT TO USE

If, after permitting use of your personal information, you later decide that you no longer want Loud-Hailer to include you on its mailing list or otherwise contact you or use your personal information in the manner disclosed in this Privacy Policy or by the Loud-Hailer System, simply tell us by sending an email with your request to support@loud-hailer.com.  Upon termination of this Privacy Policy and upon request by you, Loud-Hailer shall delete or return all personal information to you, unless Loud-Hailer is unable to delete or return the personal information. In such cases, Loud-Hailer shall continue to extend indefinitely the protections of this Privacy Policy and immediately terminate any further processing of your personal data without your express prior consent, except where and to the extent required by applicable law.  Please send all personal information removal requests to support@loud-hailer.com.

  • LINKS PROVIDED TO OTHER SITES

Loud-Hailer may provide links to a number of other websites that we believe might offer you useful information and services. Those sites, however, may not follow the same privacy policies of Loud-Hailer. Therefore, we are not responsible for the privacy policies or the actions of third parties, including without limitation, any website owners whose sites may be reached through the Loud-Hailer System, nor can we control the activities of those websites. 

  • WHAT INFORMATION IS SECURE? WHAT ISN’T?

Email communication to and from the Loud-Hailer System is not secure unless clearly noted otherwise. This is a risk inherent in the use of email. Please be aware of this when requesting information or sending forms to us by email.

For Loud-Hailer’s internal use of data gathered from you on the Loud-Hailer System, we employ industry standard encryption technologies to help protect consumer data.   

  • USER CONSENT TO THIS PRIVACY POLICY

Use of the Loud-Hailer System signifies your consent, as well as the consent of the company for whom you use the Loud-Hailer System and whose information you submit (if any), to this online Privacy Policy, including the collection and use of information by Loud-Hailer, as described in this statement, and also signifies agreement to the Terms of Use for the Loud-Hailer System. 

  • POLICY MODIFICATIONS & CONTACTING LOUD-HAILER

Loud-Hailer reserves the right to change this Privacy Policy at any time; notice of changes will be published on this page. Changes will always be prospective, not retroactive.  Your continued use of the Loud-Hailer System after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. If you have any questions about this Privacy Policy or the use of your information, have any concerns about Loud-Hailer’s privacy policies and practices, or would like to remove, update, or review what information Loud-Hailer has on you, please submit your inquiries or requests to support@loud-hailer.com .