Global Policy

1. What “Personal Information” means

In this Policy, “Personal Information” means any information relating to an identifiable natural person. Except as described in this Policy, Blackmedia will not give, sell, rent, or loan any Personal Information to any third party. Personal Information does not include data or information collected, derived, or otherwise generated from the use of the Platform, provided that such data has been anonymized, de-identified, and/or aggregated so as not to identify or permit the identification of any individual (“De-identified Data”), De-identified Data helps us understand trends in usage of the Platform so that we can better consider new features or otherwise tailor the Platform. In addition to collecting and using De-identified Data ourselves, we may share De-identified Data with third parties, including our customers, partners and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Platform as well as for advertising and marketing purposes.

BASICALLY… “Personal Information” is information someone can use to identify you.

2. How we collect, use, and share your Personal Information and other information

3. Links to other websites

The Platform contains links to websites and applications other than the Platform, including websites and applications operated by affiliates and other third parties. This Policy applies only to information collected by the Platform. Blackmedia does not endorse and is not responsible for the practices of third parties or their websites or applications. We do not determine and are not responsible for the privacy practices or the content of websites or applications operated by third parties. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. We are not responsible for and we do not control any third parties that you authorize to access your Website Content. If you are using a third-party website or service and you allow such a third-party access to your Website Content, you do so at your own risk.

BASICALLY… We sometimes link to third-party websites and services. Your use of those sites and services is governed by their respective policies, not ours. So be careful out there, folks.

4. Public forums

Our Platform offers publicly accessible blogs and community forums. If you elect to post something in a public area of our Platform, any Personal Information or content that you voluntarily disclose for posting to the Platform, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Platform, copies may remain viewable in cached and archived pages of the Platform, or if other users have copied or saved that information. To request removal of your Personal Information from our blog or community forum, contact us at contact@blackmedia.be. In some cases, we may not be able to remove all your Personal Information.

BASICALLY… Our blogs and community forums are accessible to the public, so any information provided in these areas, including your personal information, may be read, collected, and used by the public. If you need personal info removed, you can emails us at contact@blackmedia.be and we’ll remove it, if possible.

5. Customer testimonials / comments / reviews

From time to time, we post Customer testimonials on the Sites which may contain Personal Information. We will always obtain your consent prior to posting any Personal Information included in your testimonial(s).

6. Protection of information

Blackmedia is committed to ensuring the security of your Personal Information. We use commercially reasonable technological, physical, and administrative security safeguards, such as firewalls and carefully developed security features, to protect the confidentiality and security of your Personal Information on the Platforms. When you enter confidential information (such as login credentials or information submitted from within the Platform) we encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures, and other measures are used in an effort to ensure that your data is safe, secure, and only available to you and to those you authorized to access your data. However, no internet, email, or other electronic transmission is ever fully secure or error-free, so you should take care in deciding what information you send to us in this way. Blackmedia is not responsible for the functionality or security measures of any third party.

BASICALLY… The security of your information is extremely important to us. We take many steps to ensure your personal information is safe by using commercially reasonable technology and security safeguards. We are not responsible for the security measures of any third party.

7. Hosting and data transfer

We may host, transfer, and process your Personal Information in the United States or countries other than the United States. Blackmedia uses a variety of safeguards, including contractual and technical measures, to protect the Personal Information and data we transfer. Blackmedia will ensure that any of our service providers, processors, or third parties will undergo an adequate privacy vet prior to providing them your Personal Information. If you are located in the United Kingdom (“UK”), European Union (“EU”), European Economic Area (“EEA”) or Switzerland, please see Blackmedia’s EU & Swiss Privacy Policy. Blackmedia is certified under the EU-U.S. and Swiss-U.S. Data Privacy Framework as well as the UK Extension to the EU-U.S. Data Privacy Framework. Blackmedia is committed to complying with the Data Privacy Framework’s Principles. If you would like to submit a dispute under the Data Privacy Framework you may do so by following the instructions found here.

BASICALLY… We’re based in the United States, but we may host, transfer, or process data in other countries through third parties that manage our service. By using our service, you are agreeing to this use of data in other countries, which may have different privacy laws.  If you’re in the United Kingdom (UK), European Union (EU), European Economic Area (EEA) or Switzerland, check out EU & Swiss Privacy Policy. TL;DR: We offer Standard Contractual Clauses for the protection of personal data that customers export to us from the UK or EEA.

8. Choice

We process and store information on behalf of our customers. You may decline to submit any Personal Information through the Platform; in which case we may not be able to provide certain services to you. If you are a Blackmedia customer and would like to opt out of marketing communications from Blackmedia, please go to https://blackmedia.be/dashboard/unsubscribe. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking / recording tools. Note that disabling cookies on your mobile device or browser may prevent us or our business partners from tracking your browser’s activities in relation to the Platform. However, doing so may disable many of the features available through the Platform. You may opt-out individually for third-party vendors on their websites, but limitations on data sharing may make it difficult or impossible to provide the Platform after an opt-out.  You may also opt out of interest-based advertising provided by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/), the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu). California consumers may use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of Personal Information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here:  https://www.privacyrights.info/appchoices. The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies.

BASICALLY… You can decline to give us certain personal information, though that may impact some of our services (more on that in our Cookie Policy). You can also opt out of receiving marketing information from Blackmedia.

9. Correcting and updating your information

Customers may update, delete, or change your Personal Information you have provided Blackmedia by logging in to the Platform and providing such additional information or deleting such information where applicable. If you are not a Customer and would like to gain access to, or request deletion of, information we have collected, please contact us at contact@blackmedia.be. We will provide a response in accordance with applicable. For the avoidance of doubt, Blackmedia has no direct relationship with your End Users Any such End Users seeking access to, or who would like to correct, amend, or delete data which may be stored on the Platform should direct their request to you, the Customer. If Blackmedia receives a request from your End User we will inform you in a commercially reasonable amount of time.

BASICALLY… You can always access and manage your personal information through your Blackmedia account, or by emailing us at contact@blackmedia.be.

10. Data retention

Blackmedia will retain Personal Information we process on your behalf for as long as necessary to provide the Platform to you, subject to our compliance with this Policy, or as required or permitted under applicable law. We may further retain and processPersonal Information as necessary to comply with our legal obligations; maintain accurate accounting, financial, and other operational records; resolve disputes; and enforce our agreements. We have established internal policies for the deletion of Personal Information following the termination of your Account.

BASICALLY… We keep your personal information until we no longer need it to provide you with the service. We may also keep your personal information if required by law or to keep our internal records accurate. Once you terminate your account, we’ll delete your personal information, unless we’re required by law to retain it.

11. Children’s Personal Information

Blackmedia does not knowingly collect any Personal Information from children under the digital age of consent (13 in the United States, 16 in the EU). If you are under the age of 13 (or the applicable digital age of consent), please do not submit any Personal Information through our Platform. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Policy by instructing their children never to provide Personal Information on our Platform. If you have reason to believe that a child under the age of 13 (or the applicable digital age of consent) has provided Personal Information to Blackmedia through our Platform, please contact us, and we will delete that Personal Information from our databases without delay.

BASICALLY… You must be at least 13 years old to use Blackmedia.

12. Your California privacy rights

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the Personal Information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We generally collect the following categories of Personal Information about you when you use our Site or services:

• identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
• protected classifications, such as gender;
• commercial information such as records of products or services purchased, obtained, or considered by you;
• Internet or other electronic information regarding your browsing history, the webpage visited before you came to our Sites, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
• audio recordings of your voice to the extent you call us, as permitted under applicable law;
• professional or employment-related information.

We generally do not collect education-related or biometric information, geolocation information, or inferences about your preferences, characteristics, behavior and attitudes. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above. We collect your Personal Information for the business purposes described in Section 2, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected. The categories of third parties with whom we may share your Personal Information are listed in Section 2, above.

BASICALLY… If you’re a resident of California, you can ask us to send you a list of the types of personal information we share with our affiliates and third parties for marketing purposes.

13. U.S. State Privacy Rights

Residents of certain U.S. states, including but not limited to California, Colorado, Connecticut, Virginia, and Utah, may have additional rights in relation to their Personal Information. However, these rights may be subject to certain exceptions. For instance, we may be unable to disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of Personal Information, your Account with us, or the security of our network systems. Your rights may include:

• Right Against Discrimination – You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
• Right to Know – You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
• Right to Delete – You have the right to request us to delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.

To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Us” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. Right to Opt-Out of Selling. As described in this Privacy Policy, in certain situations we may share your Personal Information with certain third parties for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, you can opt-out by visiting the following web page: Do Not Sell My Info. If you opt-out, we may be unable to offer you some of our Platforms which require sharing of Personal Information. California consumers may also use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of personal information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here:  https://www.privacyrights.info/appchoices. The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies. In addition, under California Civil Code Sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@blackmedia.be or Blackmedia – Sepapaja tn 6 Lasnamäe linnaosa, Tallinn Harju maakond 15551 – Estonia.

BASICALLY… If you’re a resident of certain U.S. states you may have additional privacy rights.

14. Changes to the Privacy Policy

We reserve the right to modify, update, or change this Policy from time to time in the usual course of business, so we encourage you to review this page periodically. Notwithstanding, when we change this Policy in a material manner, we will update the effective date at the top of this page and provide you with reasonable advance notice before the updates to this Policy become effective. Blackmedia may provide such notifications to you via email notice, written or hard copy notice, and/or through posting of such notice on the Platform. We reserve the right to determine the form and means of providing notifications to you. You may be required to click-to-accept or otherwise agree to the updated Policy, but in any event your continued use or access of the Platform after the effective date of the updated Policy shall constitute your agreement to the updated Policy. The Policy will be effective as of the date specified in the effective date at the top of this page, and will apply to your use of the Platform from that point forward. If we update this Policy in a non-material manner after the effective date, we will update the last modified date at the top of this page. If you choose not to agree to this Policy or any future updated Policy, you may not use or access (and must discontinue any use or access to) the Platform. Blackmedia is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

BASICALLY… We may change our privacy policy from time to time. If we make any major changes, we’ll let you know by email or by a prominent notice on our site(s). As mentioned above, your continued use of the Platform means you agree to be bound by this privacy policy, so be sure to check it occasionally. If we realize we forgot a punctuation mark somewhere or we need to make an immaterial change to some wording, we will update the Last Modified Date, so you can see the last time we touched the terms in any way. E.g. we will update the Last Modified date but will spare your inbox if our lawyers decide that they now prefer the word “regardless” over “notwithstanding.”

15. Business transactions

Blackmedia may assign or transfer this Policy, and your user account and related Personal Information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with Blackmedia. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, or similar transactions or proceedings, provided that the recipient of such information will continue to be bound by the terms of this Privacy Policy.

16. Contact us

If you have questions regarding this Policy or about the privacy practices of Blackmedia, please contact us by email at privacy@blackmedia.be, or at: Blackmedia Sepapaja tn 6 Lasnamäe linnaosa, Tallinn Harju maakond 15551 – Estonia