Privacy Policy

Posted as of 17 August 2020
Last updated as of 03 September 2020

The Website created and operated by BRUSHKITE INC., having its registered office at “108 Balbach St, unit 9, San Jose, 95110”, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The creator of this Privacy Policy ensures a steady commitment to Your privacy concerning the protection of your invaluable information. This privacy policy contains information about the Website “www.brushkite.com” (hereinafter referred to as the “Platform”).

To provide You with the uninterrupted use of the Platform, We may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

Information we collect and control

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
i. Personal Information Provided by You. We collect names; phone numbers; email addresses; usernames; contact preferences; billing addresses; debit/credit card numbers; social media profile URL; and other similar information.
ii. Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe, Paypal and Payment gateways/Payment service providers.
iii. Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Other Information Collectors

We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. To enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behaviour data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion. If you interact with us on a social media platform using your social media account (e.g. Facebook or Twitter), we receive personal information about you such as your name, email address, and gender. Any personal information that we collect from your social media account depends on your social media account's privacy settings.

What we do with your information

We use your information to provide the services you've requested, create and maintain your accounts, and keep an eye out for unauthorized activity on your accounts. We also use it to communicate with you about the products and services you are currently using, your customer support requests, new products you may like, chances for you to give us feedback, and policy updates. We analyze the information we collect to understand user needs and to improve our websites and services.
We are required to have a legal basis for collecting and processing your information. We either have your consent or need the information to provide the service you've requested from us. You can decline certain kinds of information use either by not providing the information in the first place or by opting out later. You can also disable cookies to prevent your browser from giving us information, but if you do so, certain website features may not work properly.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To post testimonials. We post testimonials on our Website that may contain personal information. Before posting a testimonial, we will obtain your consent to use your name and the consent of the testimonial. If you wish to update or delete your testimonial, please contact us at info@brushkite.com and be sure to include your name, testimonial location, and contact information.
Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
To enable user-to-user communications. We may use your information to enable user-to-user communications with each user's consent.
To manage user accounts. We may use your information to manage our account and keep it in working order.
To send administrative information to you. We may use your personal information to send you the product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
Fulfil and manage your orders. We may use your information to fulfil and manage your orders, payments, returns, and exchanges made through the Website.
Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
To deliver and facilitate the delivery of services to the user. We may use your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time.
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. For more information, see our Cookie Notice in the privacy policy
For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end-users and does not include personal information. We will not use identifiable personal information without your consent.

The European Economic Area (EEA) provides certain rights to data subjects (including access, rectification, erasure, restriction of processing, data portability, and the right to object and to complain). We keep your personal information for as long as it is required for the purposes stated in this Privacy Policy. When we no longer have a legitimate need to process your information, we will delete, anonymize, or isolate your information, whichever is appropriate.

Purposes for using information

The information provided by you shall be used to provide and improve the service for you and all users.
a. For maintaining an internal record.
b. For enhancing the Services provided
c. For engaging interactions

For more details about the nature of such communications, please refer to our Terms of Service. Further, your data and Sensitive Personal data may be collected and stored by Us for internal record.
We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you.
We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.
Information collected via Our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences.


Information we process

Information provided in connection with services: You may entrust information that you or your organization (“you”) control, in connection with the use of our services or for requesting technical support for our products.
This includes information regarding your customers and your employees or data that you hold and use on behalf of another person for a specific purpose, such as a customer to whom you provide services. The data may either be stored on our servers when you use our services or transferred or shared to us as part of a request for technical support or other services.

If you are in the European Economic Area and you believe that someone has entrusted your information to us for processing (for instance, your employer or a company whose services you use), you can request certain actions from us regarding your data. To exercise those data rights, please contact the person or company that entrusted the data to us and we will work with them on your request.


Information we share and whom we share it to

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your data.

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations.

We may process or share your data that we hold based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Website) or otherwise interact with public areas of the Website, such personal information may be viewed by all users and may be publicly made available outside the Website in perpetuity. If you interact with other users of our Website and register for our Website through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Website, and view your profile.


Legal bases for collecting and using information

Legal processing: If you are an individual from the European Economic Area (EEA), our legal basis for information collection and use depends on the personal information concerned and the context in which we collect it. Most of our information collection and processing activities are typically based on
(i) contractual necessity,
(ii) one or more of our legitimate interests or a third party that is not overridden by your data protection interests, or
(iii) your consent.
Sometimes, we may be legally required to collect your information or may need your personal information to protect your vital interests or those of another person.

Withdrawal of consent: Where we rely on your consent as the legal basis, you have the right to withdraw your consent at any time, but this will not affect any processing that has already taken place.

Legitimate interests notice: Where we rely on legitimate interests as the legal basis and those legitimate interests are not specified above, we will clearly explain to you what those legitimate interests are at the time that we collect your information.

Your choice in information use

Opt-out of non-essential electronic communications: You may opt-out of receiving newsletters and other non-essential messages by using the ‘unsubscribe’ function included in all such messages. However, you will continue to receive notices and essential transactional emails.

Disable cookies: You can disable browser cookies before visiting our websites. However, if you do so, you may not be able to use certain features of the websites properly.

Optional information: You can choose not to provide optional profile information such as your photo. You can also delete or change your optional profile information. You can always choose not to fill in non-mandatory fields when you submit any form linked to our websites.

Your rights concerning the information we hold about you as a controller

If you are in the European Economic Area (EEA), you have the following rights concerning information that you have provided to us through our Platform.

1. Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information's source, purpose and period of processing, and the persons to whom the information is shared
2. Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
3. Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
4. Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
5. Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
6. Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.
7. Right to complain: You have the right to complain to the appropriate supervisory authority if you have any grievance against the way we collect, use or share your information.


Cookies

We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Website uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognize your computer and 'remember' what you've done on the site.
The benefits of this are:
a. You only need to log in once if you're navigating secure areas of the site
b. Our server can distinguish between your computer and other users, so you can see the information that you have requested.

You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Website. We also use various third-party cookies for usage, behavioural, analytics and preferences data. The following are the different types of cookies used on the Website:
a. Authentication cookies: To identify the user and share the content that he or she requested.
b. Functionality cookies: For the customized user experience and resuming past course progress.
c. Tracking, optimization, and targeting cookies: To capture usage metric on the device, operating system, browser, etc. To capture behavioural metrics for better content delivery. To cater and suggest most suited preferences.

Information we collect through Cookies are:

Log and Usage Data. Log and usage data are service-related, diagnostic usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet or other devices you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.
Location of Data. We collect information data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt-out of allowing us to collect this information either by refusing access to the information or by disabling your Locations settings on your device. Note, however, if you choose to opt-out, you may not be able to use certain aspects of the Services.

Analytics Software

We use Analytics Software to help us to understand how you make use of our content and work out how we can make things better. These cookies follow your progress through us, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by on their respective to create reports. These cookies do not store your data.

The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by them on their servers. These Analytics software may use this information to evaluate your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. These softwares may also transfer this information to third parties where required to do so by law, or where such third parties process the information. By using this website, you consent to the processing of data about you by these softwares in the manner and for the purposes set out above. The Google website contains further information about Analytics and a copy of Google's privacy policy pages.

Privacy Policy for California Residents

This Privacy Policy for California Residents is an adaptation of the general Privacy Policy for compliance with the California Consumer Privacy Act ("CCPA").

Information we collect and process for providing services to you

A. Identifiers Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
YES

B. Personal information categories listed in the California Customer Records statute Name, contact information, education, employment, employment history and financial information
YES

C. Protected classification characteristics under California or federal law Gender and date of birth
YES

D. Commercial information Transaction information, purchase history, financial details and payment information
YES

E. Biometric information Fingerprints and voiceprints
YES

F. Internet or other similar network activity Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
YES

G. Geolocation data Device location
YES

H. Audio, electronic, visual, thermal, olfactory, or similar information Images and audio, video or call recordings created in connection with our business activities
YES

I. Professional or employment-related information Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
YES

J. Education Information Student records and directory information
NO

K. Inferences drawn from other personal information Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
YES

We may also collect other personal information outside of these categories in instances where you interact with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels
• Participation in customer surveys or contests; and
• Facilitation in the delivery of our Services and to respond to your inquiries

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice and our Cookie Notice: https://www.brushkite.com/privacy-policy.

Your rights concerning your information we have access to

You have the following rights concerning information that you provide to us and we have access too.

i. Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information's source, purpose and period of processing, and the persons to whom the information is shared.
ii. Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
iii. Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
iv. Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
v. Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
vi. Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.


Your rights under CCPA

CCPA provides you five rights (1) right to notice, (2) right to access, (3) right to opt-out (or right to opt-in), (4) right to request deletion, and (5) right to equal services and prices, of which two are covered as part of the rights listed above. These two are right to access personal information and the right to request the deletion of personal information.

The third is the right to opt-out of sale, which is redundant since we promise not to sell or monetize your data in any way. The fourth right available to you under CCPA is the right against discrimination because you exercised the rights available to you and the fifth is the right to protection against waiver of rights.
You can exercise the rights described above, by sending an email to info@brushkite.com. Only you, or an agent authorized to make a request on your behalf, may make a request related to your personal information.

To respond to your request, we will verify your identity and the data shared through your request. The same shall be looked into and responded within 45 days of its receipt.

Retention of information

As a responsible platform, we retain your personal information for as long as it is required for the purposes stated in this Privacy Policy. Sometimes, we may retain your information for longer periods as permitted or required by law, such as to maintain suppression lists, prevent abuse, if required in connection with a legal claim or proceeding, to enforce our agreements, for tax, accounting, or to comply with other legal obligations. When we no longer have a legitimate need to process your information, we will delete or anonymize your information from our active databases. We will also securely store the information and isolate it from further processing on backup discs until deletion is possible.

Data Protection Officer

We have appointed a Data Protection Officer to oversee our management of your personal information following this Privacy Policy. If you have any questions or concerns about our privacy practices with respect to your personal information, you can reach out to our Data Protection Officer by sending an email to info@brushkite.com.

External links

Our platforms may contain links to websites that are not linked to this Privacy Policy. If you submit your personal information to any of these third-party sites, your personal information is governed by their privacy policies. As a safety measure, we recommend that you not share any personal information with these third parties unless you've checked their privacy policies and assured yourself of their privacy practices.

Our Rights

As a responsible platform, we may disclose personal information and service data to a third party if we believe that such disclosure is necessary for preventing fraud, investigating any suspected illegal activity, enforcing our agreements or policies, or protecting the safety of our users.
We may be required by law to preserve or disclose your personal information and service data to comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements.

Sale, Merger, Acquisition or Corporate restructure of our Company

On account of sale, merger or acquisition of our entity, we will ensure that the acquiring entity is legally bound to honour our commitments to you, we will provide the concerned entity to provide you with the services availed by you through our platform.
Before the sell, acquisition, or merger, we will notify you via email or through a prominent notice on our Platform of any change in ownership or the uses of your personal information and service data.
We will also notify you about any choices you may have regarding your personal information and service data.

Compliance with this Privacy Policy

We make every effort, including periodic reviews, to ensure that the personal information you provide is used in conformity with this Privacy Policy. If you have any concerns about our adherence to this Privacy Policy or the manner in which your personal information is used, kindly write to us info@brushkite.com.
We'll contact you, and if required, coordinate with the appropriate regulatory authorities to effectively address your concerns.

Notification of changes

We may modify the Privacy Policy at any time and may notify you through a service announcement or by sending an email to your primary email address provided on our platform. If we make significant changes to the Privacy Policy that affect your rights, you will be provided with at least 30 days' advance notice of the changes by email to your primary email address. If you think that the updated Privacy Policy affects your rights concerning your use of our products or services, you may terminate your use by sending us an email within 30 days.

Note: Your continued use after the effective date of changes to the Privacy Policy will be deemed to be your agreement to the modified Privacy Policy.