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Butter Privacy Policy

Effective Date: February 10, 2021

This is the Privacy Policy of Big Bear Labs, Inc. d/b/a Butter, Inc. (“Butter” “we,” “us,” or “our”). We give our clients tools to reduce customer (“End User”) churn. This Privacy Policy covers Butter’s handling of information we receive in connection with our relationship with our clients, such as the email addresses and other information their End Users supply in addition to payment details when paying for client services

Information Collected

We provide our clients a platform to reduce customer churn. We collect limited technical information related to payment that does not identify the End User and process such information to reduce customer churn. The End User may choose to enter additional information, such as their email address and month and day of birth.

Later, when the End User makes a payment at another Butter client, we may automatically recognize them, which enables us to provide enhanced churn reduction and other services described below.

In some cases, we may operate a portion of our client’s website, such as when we manage a check out payment process. On our clients’ websites, and in the signup and login pages, we and our third-party service providers, including Google Analytics, may use cookies, web beacons, and other automated technologies to collect information about the computers or other devices used. As described further below, we may collect and analyze information such as browser type, ISP, operating system, access time, IP address, device type, unique device identifiers, and the web pages from which visitors arrive at the website. We act as a data processor for personal data we access when we operate a portion of our clients’ websites.

In addition to the above, our clients may provide us with personal data (usually about their current and potential customers), such as customer contact or point-of-sale information. As permitted by applicable law, we may also collect information from third-party sources (such as social networking platforms). We may enhance the data we receive from or on behalf of a particular client with data that we receive from other data sources or that we have inferred or modeled ourselves.

Cookies and Other Technologies:

We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the products and services we provide. End Users can choose to accept or decline certain cookies. Most web browsers automatically accept cookies, but their browser may allow them to modify browser settings to decline certain cookies if they prefer.

Online Analytics:

We may use third-party web analytics services, such as those of Google Analytics. These service providers use cookies and other technologies described in this Privacy Policy to help us analyze user behavior. The information collected by the technology will be disclosed to or collected directly by these service providers. To prevent Google Analytics from using information for analytics, a user may install the Google Analytics Opt-Out Browser Add-on by clicking here.

Tailored Advertising:

Third parties may also use cookies or other tracking technologies on a specific computer or other device to collect information about access to or use of our client’s website or churn reduction to (i) inform, optimize, and serve marketing content based on access to or use of a website and (ii) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to use of websites or churn reduction. We may also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored marketing through our clients’ websites, and to access their own cookies or other tracking technologies on a specific computer, mobile phone, or other device is used to make payments. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on a computer, mobile phone, or other device by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer a way to opt out of targeted advertising as described below. Cookies may be associated with de-identified data linked to or derived from data voluntarily submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human readable form.

If you are interested in more information about tailored browser advertising and how you can generally control certain cookies from being put on your device to deliver tailored advertising, End Users may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out Link or the European Interactive Digital Advertising Alliance Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, an End User can visit the Google Ads Settings page. Please note that they will still receive advertising content even if they opt out of tailored advertising. Also, we do not control the four opt-out links above and are not responsible for any choices made using these mechanisms or the continued availability or accuracy of these mechanisms. If a browser is configured to reject cookies when visiting an opt-out page, or an End User subsequently erases cookies, or uses a different computer or changes web browsers, the opt-out may no longer be effective. Additional information is available on the websites accessible by the above links.

Uses of Information

We use the information described above (sometimes in combination with other information we obtain) for the following business and commercial purposes:

  • -To help clients reduce customer churn
  • -To help clients learn more about their current and prospective customers, and in accordance with local laws, to assist them (or others) in identifying trends, inferences, affinities or patterns among customers or prospective customers 
  • -To help clients with communications and marketing (such as content recommendations and optimization, ad targeting, and other promotional activities)
  • -To facilitate surveys and other business processes
  • -To create aggregate or de-identified information
  • -For compliance with law, fraud prevention, risk mitigation, resolution of disputes, enforcement of legal terms, and similar purposes
  • -To otherwise analyze, improve and provide products and services
  • -For other purposes requested or authorized by our clients

2. Privacy Practices for Information We Collect on Our Own Websites

Information Collected

We collect information, including when clients or customers provide information directly to us and when we passively collect information.

Visitors to our website may submit contact information, such as their name, address, email address and phone number, as well as information required to make payments. They also may submit information about their business.

Job applicants on our site may submit their employment details and other information typically found in résumés. On a strictly voluntary basis, job applicants can also submit responses to certain demographic and life-history questions that we ask for equal employment compliance purposes.

Section 1 above describes the collection of various types of information from website visitors using automated technologies (such as cookies). On our website, we and our third-party providers may collect the same sorts of information, using the same sorts of automated technologies, for the same sorts of purposes, and with the same opt-out options.

Uses of Information

We use the information collected on our website (sometimes in combination with other information we obtain) for the following purposes:

  • -To communicate with current and prospective clients, including for marketing and promotional purposes (for example, by using cookies and other technologies described above to target or retarget ads and offers to our own customers when they browse the internet)
  • -To facilitate surveys and other business processes
  • -To create aggregate or de-identified information
  • -For compliance with law, fraud prevention, risk mitigation, and similar purposes
  • -To otherwise analyze, improve and provide products and services 
  • -In the case of job applications, to evaluate candidates for possible employment or for related employment compliance purposes
  • -Other purposes for which the individual provided it

3. Additional Information about Privacy Practices

Disclosures of Information

We disclose information as described below:

To Our Clients. When we collect information for or on behalf of a client, we may share certain information with that client to help our clients learn more about their current customers, and to assist them (or others) in identifying trends, inferences, affinities or patterns among customers (whether those customers are identified, de-identified or aggregated). We also share anonymized data (e.g. when churn reduction is optimized) among our clients to assist them in communications and marketing activities (such as to provide content recommendations and optimization, ad targeting, and other promotional activities).

Affiliates. We may share information with our affiliates who provide services to us.

To Agents & Contractors. We may share information with third parties that help us operate our business and provide our services, such as contractors that provide us with technology, services, data or content (e.g., a hosting provider). 

For Legal Reasons. We may share information when we believe that doing so is appropriate to comply with the law; enforce or apply our agreements; or protect the rights, property, or safety of Butter, our clients, our employees, or others. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Changes in the Structure or Ownership of the Company or its Assets. We may transfer the information we hold in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.

Direct Collection by Third Parties. In some cases, we may arrange for a third party to collect information directly from individuals, such as if we help a client install embedded tools on their website or app (or when we do this on our own website), such as embedded videos, embedded social network buttons or automated advertising technology. These third parties may collect information directly (for example, when they record a user’s “Like” of something). Such providers’ handling of the information is subject to their own privacy policies, terms and practices and is not covered by this Privacy Policy.

Aggregated or De-identified Information. We may share aggregated or de-identified data without restriction.

At a Client’s Request. At the request of a client, we may also make additional disclosures of information we hold for that client.

Consent or Legal Permission. We may engage in additional sharing of information with the consent of the individual to whom it pertains or when otherwise permitted by law.

OUR LEGAL BASES FOR USE OF YOUR INFORMATION

Under applicable law, we are considered the “data controller” of the personal data we collect through our website. We are a data processor of (1) personal data of End Users provided directly to us by our clients and (2) personal data we process in the course of operating our clients’ websites or analyzing churn reduction. We are a data controller of all other personal data we obtain in the course of our relationship with our clients, including: (1) information you provide through your use of the churn reduction platform, including automatically-collected information; and (2) point-of-sale data provided by you directly to us or through our business partners. This means that we are responsible for deciding how to collect, use and disclose this data, subject to applicable law. We operate our services out of North America, including both the United States and Canada. Our contact information appears at the end of this Privacy Policy.

The laws of some jurisdictions such as the laws of the European Union require data controllers to tell you about the legal ground that they rely on for using, sharing, or disclosing of your information. To the extent those laws apply, our legal grounds are as follows:

  • -Contractual Commitments: We may use, share, or disclose information to honor our contractual commitments to you. For example, to comply with our Terms of Use in the Master Services Agreement.
  • -With Your Consent: Where required by law, and in some other cases, we use, share, or disclose information on the basis of your consent. For example, when you registered and consented to our churn reduction platform, you consented to our use of your information for marketing purposes.
  • -Legitimate Interests: In many cases, we use, share, or disclose information on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analyzing and improving our business, providing security for our churn reduction platform, preventing fraud, and managing legal issues.
  • -Legal Compliance: We need to use, share, and disclose information in certain ways to comply with our legal obligations.

Opt-out and Privacy Rights

For information about opt-out options relating to data collected using cookies and other automated technologies (e.g., for analytics and advertising), please review the hyperlinks in the “Information Collected” part of Section 1 of this Privacy Policy, above.

Your Legal Rights Under Local Laws:

Residents of the European EU and European Economic Area Countries

Your local laws (e.g., laws of the E.U.) may permit you to request that we:

  • -provide access to and/or a copy of certain information we hold about you;
  • -prevent the processing of your information for direct-marketing purposes; (including any direct marketing processing based on profiling)
  • -update information which is out of date or incorrect;
  • -delete certain information that we are holding about you;
  • -restrict the way that we process and disclose certain of your information;
  • -transfer your information to a third-party provider of services; and
  • -revoke your consent for the processing of your information.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

To exercise any of these rights, please contact us as described in the “Contacting Us” section below. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

California Residents

Please see below for details on rights for California residents.

How long we keep information

We generally retain information for so long as it may be relevant to the purposes above and in compliance with applicable law. To dispose of any personal data, we may anonymize it, delete it or take other appropriate steps. Information may persist in copies made for backup and business continuity purposes for an additional period of time.

Children’s Privacy

If you believe that any child under 13 has provided us with any personal information, we ask that the parent or guardian of that child contact us to ensure that such information is deleted from our files in accordance with applicable law. We also will honor similar requests from parents and guardians in jurisdictions where the age threshold provided by law is 16 or higher.

Updates to this Privacy Policy

We may modify this Privacy Policy from time to time as our business practices and legal requirements evolve. In the event this Privacy Policy is modified, we will provide notice of the change by posting the updated Privacy Policy to Big Bear Labs, Inc. d/b/a Butter.com, and we will include the effective date of the update.

Contacting us

If you have any questions about this Privacy Policy or our privacy practices, please contact our Privacy Officer at www.butterpayments.com. You also may write to our Privacy Officer at:

Butter, Inc.

1 Letterman Dr Bldg C

San Francisco CA, 94129.

Supplemental Privacy Notice for California Residents

This Supplemental Privacy Notice supplements the information in our Privacy Policy, and except as provided herein, applies solely to California residents. It applies to personal information we collect on or through the churn reduction platform and our website (collectively, the “Services”) and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. It also does not apply to personal information we process as a service provider to our clients. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

Summary of Information We Collect 

California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information.  

We or our service providers may collect the below categories of information for the following business purposes (as those terms are defined in applicable law):

  • -Providing the Services (e.g., enabling access to the churn reduction platform, account servicing and maintenance, customer service and other communications with you, advertising and marketing, analytics, and communication about the Service);
  • -Our or our service provider’s operational purposes;
  • -Auditing consumer interactions on our site (e.g., measuring ad impressions);
  • -Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity, including protecting against unauthorized access/use of the Services, and preventing, detecting, and responding to breaches of terms and policies;
  • -Bug detection, error reporting, and activities to maintain the quality or safety of our Services (e.g. fixing the Services);
  • -Short-term, transient use, such as customizing content that we or our service providers display on the Services;
  • -Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);
  • -Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners; and
  • -Other uses about which we notify you.

We may also use the personal information we collect for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

Butter may collected the following categories of personal information about California consumers:

  • -Identifiers, such as an email address;
  • -Commercial information, such as transaction data we receive from clients from the use of the churn reduction platform;
  • -Internet or other network or device activity, such as IP address, unique device, advertising, and app identifiers, browsing history or other usage data associated with our websites;
  • -Location information, namely general location based on where the Services are used;
  • -Sensory information, such as audio recordings if you call our customer service; and 
  • -Other information that identifies or can be reasonably associated with you (such as communications you send us).

We collect personal information from the following categories of sources:

  • -You;
  • -Your use of our services or automatically collected from you;
  • -Our Affiliates; and
  • -Third parties, such as our agents and/or service providers.

We may share each of the categories of personal information identified above to the following categories of third parties for business purposes:

  • -Service providers; and
  • -Affiliates.

Our clients also receive personal information about End Users directly from the End Users or where End Users direct us to share their data.

Rights

If End Users are a California resident, they may have certain rights. California law may permit you to request that we:

  • -Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling personal information; and the categories of third parties with whom we shared personal information. 
  • -Provide access to and/or a copy of certain information we hold about them.
  • -Delete certain information we have about them.

They may have the right to receive information about the financial incentives that we offer, if any. They also have the right to not be discriminated against (as provided for in applicable law) for exercising certain rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services. If clients ask us to delete it, they may no longer be able to access or use the Services. 

If an End User would like to exercise any of these rights, please submit a request at www.butterpayments.com. They will be required to verify their identity before we fulfill their request. They can also designate an authorized agent to make a request on their behalf. To do so, they must provide us with written authorization or a power of attorney, signed by them, for the agent to act on their behalf. They will still need to verify their identity directly with us. Please note that we cannot honor requests with respect to personal information that we process on behalf of our clients as a service provider. For such data, they need to contact our clients directly.

California residents may opt out of the “sale” of their personal information. Butter does not “sell” personal information as we understand that term to be defined by the California Consumer Privacy Act and its implementing regulations.

California Shine the Light

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If they would like to make such a request, please contact us at www.butterpayments.com

California Do-Not-Track Disclosure

We do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.