The CBORD Group, Inc. Privacy Notice and Terms of Use

Last Updated: April 28, 2023

For information about state-specific privacy rights, including the rights of residents of California, Virginia, Colorado, Nevada, Utah, or Connecticut, please click here.

Your privacy is important to us. Please read this Privacy Notice carefully to learn how we collect, use, share, and otherwise process information relating to individuals (“Personal Data”), to learn about your rights and choices regarding your Personal Data, and to learn how to exercise your rights.

The CBORD Group, Inc. (“CBORD”) is the controller of your Personal Data as described in this Privacy Notice, unless specified otherwise. This Privacy Notice applies to the collection and processing of Personal Data collected by us when you visit our branded websites that link to this Privacy Notice; use our online products and services as an authorized user where we act as a controller of your Personal Data; visit our branded social media pages; visit our facilities; communicate with us (including emails, phone calls, texts or fax); or register for, attend or take part in our events or events we attend, webinars, trade shows or contests.

This Privacy Notice does not apply when we process Personal Data on behalf of our customers in the role of processor or other service provider, such as when we allow customers to create their own websites/applications to offer their own products and services, to send electronic communications to others, or otherwise use, collect, share or process Personal Data via our online products and services.  Our customers’ privacy policies may be different from ours, and we are not responsible for those practices. For information about the privacy practices of our customers who use our products and services and act as a controller, please contact that customer directly.

1.      Collection of Personal Data. We collect three types of Personal Data from you:

        Information You Provide: We collect and record any information that you provide to us directly, including any personal identifiers, professional or employment-related information, financial account information, commercial information, visual information, or internet activity information that you provide to us through this website or other medium.

        Information We Collect Automatically: We automatically collect and store information about your use of this website and our services. To do so, we may use cookie technology and other online identifiers to track your IP address, web browser, geolocation, or your activity on this site.

        Other Information We Collect: We may combine data from other sources with Personal Data obtained from you. These other sources may be from third parties or from publicly available sources.  This may include information related to your employment, education, commercial interactions, and internet activity.

In some cases, the collection and processing (see Section 2 below) of Personal Data is required for you to receive certain products or services. Personal Data does not include information that is anonymized or aggregated such that you cannot be identified from it.

If you provide us or our service providers with any Personal Data relating to other individuals, you represent that you have the authority to do so and have obtained any necessary consent for the information to be used in accordance with this Privacy Notice. If you believe that your Personal Data has been provided to us improperly or want to exercise your rights relating to your Personal Data, please contact us by using the information in the Contact Us section (Section 16) below.

2.      Processing and Use of Personal Data. We process your Personal Data for the purposes listed below. Where required by law, we obtain your consent to use and process your Personal Data for these purposes. Otherwise, we rely on another authorized legal basis (including but not limited to the (a) performance of a contract or (b) legitimate interest) to collect and process your Personal Data.

        Providing our services and website access: We process your Personal Data to ensure both you and we meet our obligations under the applicable contract, terms of use, or service agreement, to project demand, and to improve our offerings; absent a contract, we process your Personal Data to further our legitimate interest in operating and improving our websites and services.

     Securing our websites and services: We process your Personal Data as part of our efforts to maintain, monitor and secure our website and services. This may include aggregating data, verifying accounts, investigating suspicious activity, and enforcing our terms and policies to the extent necessary to further our legitimate interest in maintaining a safe and secure website, products and services and in protecting our rights and the rights of others.

        User Account Management: If you have registered for an account with us, we process your Personal Data to manage your user account for the purpose of meeting our obligations to you according to applicable contract or terms of service.

        Responding to contact requests: If you contact us electronically or by phone, we process your Personal Data to perform our contract with you or to the extent it is necessary for our legitimate interest in responding to your inquiry and communicating with you. We may record and process communications for training, quality assurance, and administration purposes. If required under applicable law, we will obtain your prior consent or give you the option to object to a call being recorded.

        Managing payments: We may process your financial information and other Personal Data to verify that information and to collect payments to the extent that doing so is required to fulfill our contract with you.

        Tracking office visitors: If you visit our facilities, we may process your Personal Data for security, health, or safety reasons (including any NDAs our visitors may be required to sign) to the extent such processing is necessary to further our legitimate interest in protecting our offices and our confidential information against unauthorized access.

        Marketing and Advertising: We may process your Personal Data to advertise to you, conduct market research, and to provide other personalized content based upon your Personal Data to the extent it is necessary for our legitimate interest in advertising our websites, services or products. Where legally required, we will obtain your consent before engaging in any marketing or advertising.

        Complying with legal and safety obligations: We process your Personal Data when cooperating with public and government authorities, protecting our legal rights, conducting audits, and protecting against abuse of our services and products.

3.      Protecting Personal Data. We take commercially reasonable precautions to protect the Personal Data in our possession from loss, misuse, unauthorized access, disclosure, alteration, or destruction. While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure or error-free. Personal Data you send to or from the website or via e-mail may not be secure, and we encourage you to contact us about more secure ways to share sensitive information when necessary. Where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them and to log out of any accounts you access after your sessions.

4.      Your Individual Rights. You may have certain rights relating to your Personal Data based on applicable local data protection laws, including from individual US state privacy laws (e.g., California, Virginia), Canadian privacy laws, and the EU/UK General Data Protection Regulation. Depending on the applicable laws these rights may include the right to:

        Request and receive copies of your Personal Data that we hold;

        Request additional information about how we process your Personal Data;

        Correct inaccurate or incomplete Personal Data (taking into account our use of it);

        Request deletion of your Personal Data;

        Restrict or object to our processing of your Personal Data, including restricting the sale or sharing of your data or its use for cross-context behavioral marketing. Where we process Personal Data for direct marketing purposes (either by us or third parties) or for cross-context behavioral marketing, you may not have to provide a specific reason for such objection;

        Require us (if possible) to transfer your Personal Data to another controller (i.e., data portability);

        Limit the use or disclosure of your sensitive personal information;

        Restrict certain disclosures of your Personal Data to third parties;

        Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects; and

        Withdraw your consent to the processing of your Personal Data (to the extent we base processing on consent and not on another lawful basis).

We do not utilize or rely upon any automated decision-making with regards to Personal Data.

We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights. You may exercise these rights, to the extent applicable, via our web form here, by calling us toll-free at 1-844-462-2673, by sending us an email at privacy@cbord.com, or by writing to us at The CBORD Group, Inc., 950 Danby Road, Suite 100C, Ithaca, NY 14850, Attention: Privacy Officer.  We will respond to any such requests within thirty (30) days of receipt.

5.      Personal Data Retention. Personal Data will be stored for as long as the information is required to fulfill our legitimate business needs or the purposes for which the Personal Data was collected, or for such period as is required by law.

6.      Data Transfers to Countries Outside the EU/EEA. Data entered on our website is transferred to a server in the U.S. and, if applicable, stored there. Your data may be used and disclosed by the Company and its divisions, holding companies, subsidiaries and affiliates, or other entities outside the European Union (EU) and the European Economic Area (EEA) including in the U.S. Please note that in countries outside the country in which you live a different standard of data protection might apply than the standard that you are used to in your own country.

7.      Disclosing Personal Data to Third Parties. We do not “sell” or “share” Personal Data about you as those terms are defined by the California Consumer Privacy Act. Accordingly, we do not provide an opt-out option. We may provide your Personal Information to the categories of recipients described below:

        CBORD’s divisions, holding companies, subsidiaries, and affiliates.

      Third-party service providers or other entities that perform services on our behalf, help us provide you with our products and services, and that otherwise support our relationship with you (such as shipping or direct mailing organizations). These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the Personal Data in accordance with this Privacy Notice and as permitted by applicable data protection laws.

   Law enforcement, government agencies, or other regulators to comply with law or legal requirements, to enforce our agreements, and to protect our rights and the property or safety of CBORD, our users, or third parties.

        Transactional parties if we, or some or all of our assets, acquire or are acquired by another entity, including through a sale or in connection with a bankruptcy.

    Your employer or coworkers if you receive our products or services in connection with your employment.  

8.      We may also sell or share Personal Data that has been deidentified or aggregated with third parties for any purpose.

9.  Promotional and Marketing Policy. We may ask you to consent to being contacted by us for promotional and marketing purposes. However, you may opt-out of receiving promotional or marketing emails at any time by notifying us as a reply to any unwanted e-mail, by using the unsubscribe function on our website, contacting us at privacy@cbord.com, or by writing to us at The CBORD Group, Inc., 950 Danby Road, Suite 100C, Ithaca, NY 14850, Attention: Privacy Officer. Requests to unsubscribe from CBORD e-mails may take five (5) business days to process.

10. Cookies and Tracking Technologies. Please click here to see our Cookies and Tracking Technologies Notification.

11.  Third-party Websites. The website may contain links to other third-party sites. When you click on one of these links you are visiting a website operated by someone other than us and the operator of that website may have a different privacy policy. We are not responsible for their individual privacy practices, so we encourage you to investigate the privacy policies of such third-party operators.

12.  Children. Our website is not intended for children under 16 years of age. No one under age 16 may provide any information to us through this website. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not access, use, or provide any information on the website or on or through any of its features. If we learn we have collected or received Personal Data from a child under 16 without parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us via our web form here, by calling us toll-free at 1-844-462-2673, by sending us an email at privacy@cbord.com, or by writing to us at The CBORD Group, Inc., 950 Danby Road, Suite 100C, Ithaca, NY 14850, Attention: Privacy Officer.

13.  Data Breaches. While every effort and measure is taken to reduce the risk of data breaches, we have dedicated controls and procedures in place for such situations, along with the procedures that are required to make notifications to the relevant Supervisory Authority and data subjects (where applicable).

14. Changes to this Privacy Policy. We may update this Privacy Policy at our discretion to reflect changes we deem necessary or to satisfy legal requirements. We will post a prominent notice of material changes on our websites.

15.  Contact Us. We welcome comments and questions regarding this Privacy Policy. Any such questions should be directed via e-mail to privacy@cbord.com. Additionally, you may make your request in writing to The CBORD Group, Inc., 950 Danby Road, Suite 100C, Ithaca, NY 14850, Attention: Privacy Officer.

ADDITIONAL STATE-SPECIFIC PRIVACY RIGHTS

Provisions in the California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VDCPA), Colorado Privacy Act (CPA), Utah Consumer Privacy Act (UCPA), Nevada Senate Bill 220, and Connecticut Data Privacy Act (CTDPA) require some or all of the following disclosures. These disclosures supplement the Privacy Notice above and are effective as of April 1, 2023.

Categories of personal information collected. The personal information that CBORD collects, or has collected from consumers in the twelve months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act:

        identifiers (e.g., name, address, phone number, IP address);

        protected classifications (e.g., age, gender, gender identity);

        financial and commercial information (e.g., credit card numbers, purchase history);

        internet or other online activity information;

        biometric information;

        geolocation data (e.g., computer/device location);

        audio or visual information;

        professional/educational information; and

        inferences drawn from any of the above.

To the extent that any of the personal information outlined above qualifies as “sensitive personal information” under the California Consumer Privacy Act and/or California Privacy Rights Act, or other state privacy law, you have the right to limit the use or disclosure of your sensitive personal information to the following types of activities, in accordance with applicable law:

     Perform the services or provide the goods pursuant to the contract between CBORD and its customers;

     Help ensure the security and integrity of our services, systems, and data, to combat malicious deceptive, fraudulent or illegal acts, and to protect the physical safety of individuals, to the extent the processing is reasonably necessary and proportionate;

        For short-term transient use (including non-personalized advertising), so long as the personal data is not disclosed to a third party, is not used for profiling, and is not used to alter an individual’s experience outside the current interaction with CBORD;

        Perform services on behalf of CBORD’s customers, as agreed to by contract, such as maintaining accounts, providing customer service, processing transactions, verifying customer information, providing storage, and similar services;

        Undertake activities to verify or maintain the quality of, or improve, upgrade, or enhance a service hosted or otherwise supported by CBORD;

        Any other activities in accordance with any future regulations that are issued pursuant to U.S. state data privacy laws;

You may exercise these rights, to the extent applicable via our web form here, by calling us toll-free at 1-844-462-2673, by sending us an email at privacy@cbord.com, or by writing to us at The CBORD Group, Inc., 950 Danby Road, Suite 100C, Ithaca, NY 14850, Attention: Privacy Officer. We will respond to any such requests within fifteen (15) days of receipt.

CBORD does not use or disclose sensitive personal information for any purpose not expressly permitted by the California Privacy Rights Act.

Categories of personal information disclosed for a business purpose. In the twelve (12) months prior to the effective date of this Disclosure, CBORD has disclosed to the third parties identified in the “Disclosing Personal Information to Third Parties” section of the Privacy Notice above personal information that falls into the following categories:

        identifiers;

        protected classifications;

        financial and commercial information;

        internet or other online activity information;

        geolocation data;

        audio or visual information; and

        professional/educational information.

Sources from which we collect your Personal Data. We may collect the categories of Personal Data listed above from the following types of sources: consumers, data analytics companies, ad networks, social networks, internet service providers, service providers that help us to run our business, and data resellers such as data management platforms. We also collect Personal Data automatically via cookies, web beacons, and other tracking technologies when you use our websites, online services, or mobile apps.

Purposes for which we use your Personal Data: We use your Personal Data for the purposes listed in Section 2 of the main privacy notice above.

Right to Know, Right to Correct, Right to Access, Right to Delete:  Residents of California, Virginia, Colorado Connecticut, Nevada and Utah may have the right to exercise some or all of the rights described in Section 4 of the Privacy Notice. Depending on your data choices and where you reside, certain of these rights may be limited or unavailable. You may exercise these rights via our web form here, by calling us toll-free at 1-844-462-2673, by sending us an email at privacy@cbord.com, or by writing to us at The CBORD Group, Inc., 950 Danby Road, Suite 100C, Ithaca, NY 14850, Attention: Privacy Officer.

 We will respond to any such requests within thirty (30) days of receipt.

No Sale or Sharing of Personal Data. CBORD has not sold or shared any Personal Data of consumers, as those terms are defined under the California Consumer Privacy Act, in the 12 months prior to the effective date of this Disclosure.

No Discrimination. CBORD will not discriminate against any consumer for exercising their rights under applicable state or federal law.

Virginia Consumer Data Protection Act Deidentified Data Disclosure. We may use deidentified data in some instances. To the extent we use deidentified data, we will either maintain this data without attempting to re-identify it or we will treat it as Personal Data subject to applicable law.

COOKIES AND TRACKING TECHNOLOGIES

Cookies and other Tracking Technologies. A cookie is a small data file that a website places in your web browser to remember information about you. We use some cookies and tracking technologies for purposes which are necessary for your use of our website, products, or services. These may include technologies which remember your preferences and settings; information that you may enter online; or to keep you logged in to our offerings. With your consent, we may also use cookies and tracking technologies for other purposes.

Strictly-necessary cookies and technology. These are cookies and other technologies that are required for the operation of our website, our products, and our services, and therefore cannot be turned off. You can set your browser or device to block or alert you about these cookies, but functionality may be impaired. These cookies do not store any personal data. These cookies are used solely for the purpose of carrying out or facilitating the transmission of a communication and are strictly necessary to provide you with the information society service you have expressly requested. The use of these cookies for the purposes described above is based on our legitimate interest in ensuring your access to and the proper technical functioning of our website, products, and services that you have expressly requested.

Analytical/Performance cookies. Where you have permitted the use of performance cookies, we use Google Analytics to collect statistical information about how our website and services are used. Google Analytics services involve the use of cookies that collect information such as your IP address or other identifiers, browser information, and information about the content you view and interact with to record how you use the website, our products, and services. These analytics services help us count users, identify popular offerings, and track the demographics and interests of our users.

Targeting cookies. These cookies record your activity on our site or using our services including the pages you have visited and the links you have followed. We may use this information to make our content more relevant to you to measure the effectiveness of our marketing. We may also share this information with third parties for this purpose. These are also optional cookies, although if you do not allow these cookies, you will experience less targeted advertising.

Your Choices: Managing Your Preferences

Your Preferences

When you first visit our website, you will be presented with a banner which offers you a choice about whether to accept or reject cookies or tracking technologies of different types, with the exception of those cookies which are strictly necessary for a particular service.

If you wish, you can also choose how web browser cookies are handled by your device via your browser settings. Some devices allow you to control this through your device settings. If you choose not to receive cookies at any time, websites may not function properly and certain services will not be provided. Each browser and device is different, so check the settings menu of the browser or device to learn how to change your settings and cookie preferences.

You can find information on how to manage cookie settings on certain browsers via the following links:

        Cookie settings in Chrome

        Cookie settings in Firefox

        Cookie settings in Internet Explorer

        Cookie settings in Safari

Our Use of Google Analytics. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).

Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the U.S. If the IP anonymization is activated, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement in the European Economic Area. In exceptional cases, the full IP address is sent to and shortened by Google servers in the U.S.

On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under

        https://tools.google.com/dlpage/gaoptout?hl=en-GB.

Further information concerning the terms and conditions of use and data privacy can be found at:

        https://www.google.com/intl/en/policies/privacy/partners/

        http://www.google.com/analytics/terms/gb.html

        https://www.google.de/intl/en_uk/policies/

        https://support.google.com/analytics/answer/6004245?hl=en

Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses within the EU and EEA (IP-masking)].

Terms of Use Agreement

Your use of the Site is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this site you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this “Site Agreement”). If you do not agree to these terms and conditions, please do not use this site. This Site Agreement is in addition to any prior or subsequent terms or conditions included with any CBORD agreement. CBORD reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.

User Conduct & Participation

The Site and its contents, including but not limited to articles, newsletters, promotional language, graphical images, interactive applications, and the user interface (the “Content”) are the property and copyrighted material of CBORD, its licensors, vendors and partners. “Content” also includes any material from the Site that CBORD delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any content except as expressly permitted by the copyright laws, in this Site Agreement, or in the Site’s Permission Services section.

CBORD does not guarantee the accuracy, integrity or quality of Content. Under no circumstances will CBORD be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

You agree to not use the Site to:

• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a CBORD employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
• Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;

• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law;
• Harass another user;
• Collect or store personal data about other users;
• Take advantage of promotional offers in a manner inconsistent with fair use of such promotion as detailed in the promotion rules. In the event of such abuse, CBORD reserves the right to take action to prevent such activity.

Username, Password and Security

The registration process may require you choose a username (email address) and password. You are responsible for maintaining the confidentiality of the password and your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CBORD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. CBORD cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Purchase of Services

By using the Site you acknowledge and agree that CBORD and its Officers and Directors shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Partner.

You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, CBORD cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither CBORD nor its Officers and Directors will have any liability if the applicable encryption technology fails to protect your information.

External Sites

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). CBORD is not responsible for the availability of, or the content located on or through, any External Site. CBORD does not endorse the content (or software) of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against CBORD for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. In addition, should you link to any third party site you will be bound by the terms and conditions that apply on that site.

General

CBORD reserves the right to change this Site Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change, constitutes your acceptance of such changes.

CBORD reserves the right to change the Site at any time at its sole discretion without notice to users. CBORD may deny access to the Site to anyone at any time.

This Site Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by CBORD, its licensors, vendors or partners in specific areas of the Site. However, in the event of a conflict between such terms and this Site Agreement, the terms of this Site Agreement shall control.

Disclaimers

THE MATERIALS AND SERVICES AT THIS SITE ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.