Jenny Bagert Consulting

 

Privacy & Data Protection  Policy

Jenny Bagert Consulting, LLC  (“Provider”) operates the www.jennybagert.com and www.photohive.buzz website and related subscription services. (“Service”). This page informs the Customer of policies regarding the collection, use, and disclosure of personal data when the Customer uses the Service.

The Provider uses User data to provide and improve the Service. By using the Service, the Customer agrees to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same definitions as in the Software as a Service Agreement.

 

Definitions

“Cookies” are small pieces of data stored on the Customer’s device (computer, tablet, or mobile device).

“Database Engine” is the underlying software component that a database management system uses to create a database.

“Data Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, the Provider is the Data Controller of the Customer’s Personal Data.

“Data Processor” or “Service Provider” means any natural or legal person who processes the data on behalf of the Data Controller. For the purposes of this Privacy Policy, the Provider is a Data Processor of the Services that the Provider provides to the Customer.  In addition, the Provider may use the services of other various Service Providers in order to process the Customer’s data more effectively.

“Host” is the data center that is contracted to store the Service making it accessible via the internet.

“Personal Data” means data about a living individual who can be identified from that data (or from those and other information either in the possession of the Provider or likely to come into the possession of the Provider).

“Usage Data” is data collected automatically either generated by the use of the Service or from the Service infrastructure itself.

“User” is any living individual who is using the Service and is the subject of Personal Data.

 

Information Collection And Use

The Provider collects information for various purposes to provide and improve services to the Customer. Types of Data Collected:

Personal Data

While using the Service, the Provider may ask the Customer to provide certain personally identifiable information that can be used to contact or identify the Customer (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

The Provider may use the Customer Personal Data to contact the Customer with newsletters, marketing or promotional materials and other information that may be of interest to the Customer. The Customer may opt out of receiving any, or all, of these communications by following the unsubscribe link.

Usage Data

The Provider may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as the Customer computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Service (PhotoHIVE) that the Customer visits, the time and date of the Customer visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

The Provider uses cookies and similar tracking technologies to track the activity on the Service and hold certain information.

 

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If the Customer is from the European Economic Area (EEA), The Provider legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data the Provider collect and the specific context in which the Provider collect it. The Provider may process the Customer’s Personal Data because:

  • The Provider needs to perform a contract with the Customer
  • The Customer has given permission to do so
  • The processing is in the legitimate interests of the Provider and is not overridden by the Customer rights
  • For payment processing purposes
  • To comply with the law

 

Retention of Data

The Provider will retain the Customer’s Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. The Provider will retain and use the Customer’s Personal Data to the extent necessary to comply with legal obligations (for example, if the Provider is required to retain the Customer’s data to comply with applicable laws), resolve disputes, and enforce legal agreements and policies.

The Provider will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or the Provider is legally obligated to retain this data for longer time periods.

Transfer Of Data

The Customer’s information, including Personal Data, may be transferred to — and maintained on — computers located outside of the Customer’s state, province, country or other governmental jurisdiction where the data protection laws may differ than those from the Customer’s jurisdiction.

If the Customer’s are located outside of the United States and choose to provide information to the Provider, note that the Provider transfers the data, including Personal Data, to United States and processes it in the United States.

The Customer’s consent to this Privacy Policy, followed by the submission of such information, represents the Customer’s agreement to that transfer.

The Provider will take all steps reasonably necessary to ensure that the Customer’s data is treated securely and in accordance with this Privacy Policy and that no transfer of the Customer’s Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of the Customer’s data and other personal information.

 

Disclosure Of Data

Business Transaction

If the Provider is involved in a merger, acquisition or asset sale, the Customer’s Personal Data may be transferred. The Provider will provide notice before the Customer’s Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, The Provider may be required to disclose the Customer’s Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

The Provider may disclose the Customer Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of The Provider
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

 

Data Protection Rights Under General Data Protection Regulation (GDPR)

If the Customer is a resident of the European Economic Area (EEA), the Customer has certain data protection rights. The Provider aims to take reasonable steps to allow the Customer to correct, amend, delete, or limit the use of the Customer’s Personal Data.

If the Customer wishes to be informed of what Personal Data the Provider holds and if the Customer wants it to be removed from the Provider’s systems, please contact the Provider.

In certain circumstances, the Customer has the following data protection rights:

  • The right to access, update or to delete Personal Data.
  • The right of rectification.The Customer has the right to have the Customer information rectified if that information is inaccurate or incomplete.
  • The right to object.The Customer has the right to object to the processing of the Customer Personal Data.
  • The right of restriction.The Customer has the right to request that the Provider restrict
    the processing of the Customer’s personal information.
  • The right to data portability.The Customer has the right to be provided with a
    copy of the information that the Provider has in a structured, machine-readable
    and commonly used format.
  • The right to withdraw consent.The Customer has the right to withdraw consent at any time where the Provider relied on the Customer’s consent to process the Customer’s personal information.

Please note that the Provider may ask the Customer to verify the Customer’s identity before responding to such requests. The Customer has the right to complain to a Data Protection Authority about the collection and use of the Customer’s Personal Data. For more information, please contact the local data protection authority in the European Economic Area (EEA).

 

Service Providers

The Provider may employ third party companies and individuals to facilitate the Service (“Service Providers”) or to provide the Service on behalf of the Provider.

These third parties have access to the Customer’s Personal Data only to perform these tasks on the behalf of the Provider and are obligated not to disclose or use it for any other purpose.

Analytics

The Provider may use third-party Service Providers to monitor and analyze the use of the Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks
and reports the Provider’s site traffic. Google uses the data collected to track and
monitor the use of the Service. This data is shared with other Google
services. Google may use the collected data to contextualize and
personalize the ads of its own advertising network.

The Customer can opt-out of having made the Customer activity on the Service available to
Google Analytics by installing the Google Analytics opt-out browser add-
on. The add-on prevents the Google Analytics JavaScript (ga.js,
analytics.js, and dc.js) from sharing information with Google Analytics
about activity.

For more information on the privacy practices of Google, please visit the
Google Privacy & Terms the Providerb page: http://www.google.com/intl/en/policies/privacy/.

Host

The Provider has engaged Horton Communications, LLC d/b/a FMPHost to Host the Service. For more information on the practices and policies of FMPHost:

The Customer’s acceptance of this policy and use of the Service indicates Customer agreement with FMPHost Terms of Service, Privacy Policy, and Data Protection Addendum.

FileMaker 

FileMaker Pro is a cross-platform relational database application from Claris International, a subsidiary of Apple Inc. The Service uses the FileMaker Pro database engine. For more information on the practices and policies of FileMaker:

The Customer’s acceptance of this policy and use of the Service indicates Customer agreement with FileMaker Terms of Service, License, and Privacy Policy.

 

Payments

The Provider may provide paid products and/or services within the Service. In that case, the Provider uses third-party services for payment processing (e.g. payment processors).

The Provider collects and store the Customer payment card details and that information is provided directly to third-party payment processors whose use of the Customer’s personal information is governed by their Privacy Policy. The Provider and these payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processor used the Provider is Stripe. Their Privacy Policy can be viewed at https://stripe.com/us/privacy.

 

The Provider as Data Processor

The Service to the Customer may obligate The Provider to be defined as a Data Processor in accordance with GDPR law should the Customer store or transmit protected Personal Data of EU Citizens to or from the Provider’s facilities.  In such cases, the Customer will also be defined as, with all the obligations thereof, a Data Controller as it relates to GDPR.  The Provider will not view, copy, retain, transmit or otherwise utilize such Personal Data with the Customer’s specific instruction.