Biteable Privacy Policy

Last updated: 28 July 2021

Your privacy is important to us, which is why we’ve created this Privacy Policy. Our Privacy Policy (together with our Terms of Service, Data Processing Addendum, and any other documents incorporated by reference into your agreement with Biteable) together govern the privacy and data standards applicable to any websites and apps that we operate (together, “Site” or “Sites”).

This Privacy Policy applies to all users (“you,” “user,” “your”) of Biteable (“us,” “we,” or “our”) Services (as defined in our Terms of Service). It describes what information we collect about you; how we use the information we collect; how we share the information we collect; how we transfer your information internationally; how we protect your information; and how you can access, correct, and delete your information. Please read the following carefully to understand our practices regarding your Personal Information.

By using our Sites, you consent to our Privacy Policy, use of cookies, and our processing of Personal Information about you in the manner and for the purposes set out below.

Definitions

Capitalized terms that are not defined in this Privacy Policy may be defined in our Terms of Service or Data Processing Addendum, and those definitions are adopted by reference. In the event of a conflict between a definition found in the Terms of Service, Data Processing Addendum, or this Privacy Policy, the definition in this Privacy Policy will control.

All references to Biteable in this Privacy Policy are references to Biteable LLC., except for users who are residents of Australia, for whom these references are to Biteable, Ltd.

Non-Personal Information

When you visit our Site, we collect anonymous, non-Personal Information from you including, without limitation, which sections of the Site you visit, how often, and for how long. This information may be collected via commonly used information-gathering tools, such as cookies. Please see the “Device Information” below for more details on Biteable’s cookie policy.

This non-Personal Information is always used as aggregated, anonymous non-Personal Information. We may analyze this non-Personal Information and release it to third parties in an anonymous aggregated form.

Personal Information

We collect the following types of information about you (“Personal Information”):

(1) Information that you provide to us directly

(A) Signing up to our Services When you sign up to our Services, we collect the following Personal Information from you:

  • name; and
  • email address.

(B) Making a purchase When you make a purchase or attempt to make a purchase through the Site, we collect the following Personal Information from you:

  • name;
  • email address; and
  • payment information.

(C) Making a video When you use our Services to create a video, we collect the following from you, which may contain Personal Information:

  • images; videos; audio; and/or text content voluntarily provided by you, pursuant to our Terms of Service.

(D) Additional optional information that we may ask for When you use our Services, we may ask you to provide us with additional information, at your discretion. This additional information may include the following Personal Information:

  • links to your social media accounts (including Facebook, LinkedIn, Instagram, Twitter, and YouTube); and
  • information about your role, industry, and the type of organization you work for.

(2) Information that we receive from third parties

We may receive information about you (including Personal Information) from third parties. If you access our Site through a third party, for example, through Facebook or Google, that third party may pass certain Personal Information about your use of its service to us. This information could include, but is not limited to:

  • the user ID associated with your account;
  • an access token necessary to access that third party service;
  • any information that you have permitted the third party to share with us; and/or
  • and any information that you have made public in connection with that third party service.

This information is used to provide analytics about potential Services of interest to you, your preferences, how you share information about our Services, and to improve our marketing and customer support efforts.

However, if you visit our Sites through a non-United States IP address, certain cookies are automatically disabled.

If you would like to unlink your third-party account from our Site, you can adjust your settings in the third-party service and then we will no longer receive information collected about you in connection with that service.

(3) Device information

Like many websites, when you visit our Site, we automatically collect certain information through the use of cookies, web beacons, device identifiers, pixels, and other technologies. This may include Personal Information about your:

  • web browser,
  • IP address, and/or
  • time zone.

Additionally, as you browse the Site, we collect information about the individual webpages or Services that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”

We may collect Device Information using the following technologies:

  • “cookies,” which are data files that are placed on your device or computer and often include an anonymous unique identifier;
  • “log files,” which track actions occurring on the Site, and collect data including your IP address, browser type, referring/exit pages, and date/time stamps; and
  • “web beacons,” “tags,” and “pixels,” which are electronic files used to record information about how you browse the Site.

These cookies and the Device Information they collect are essential to the operation of our Site. You can control or reset your cookies through your web browser and, if you choose to, you can refuse some or all cookies. However, some of the features of our Site may not function or function properly if you disable cookies. To learn more about how to control cookies generally, you can visit www.aboutcookies.org.

Our Sites may contain third party links whose related cookies may collect data and track your movement and behavior on those other sites. We are not responsible for these links, as they are not controlled by Biteable.

How we use your Personal Information

We use the information we collect about you for the following purposes:

  • Providing our Services: We use the information that you provide to us to provide our Services. This includes allowing you to create a Biteable account and to log in to your account; giving you access to your videos; recognizing you across different Services and devices; and billing you for transactions that you make via our Site. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the Site.

  • Communicating with you: We use your contact information to send communications to you about important changes or updates to our Services. When in line with the preferences you have shared with us, we also provide you with information or advertising relating to our Services.

  • Performing data analytics: We use the information about you to help us improve our Services, including by generating and monitoring analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns.

  • Customizing our Services for you: We use information about you to make sure that the Site and our Services are customized to your needs.

  • Keeping our Site secure: We use information about you to screen for potential risk and fraud, and to identify violations of this Privacy Policy or our Terms of Service.

  • Where required by law: We will use or disclose your information where we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of law enforcement or a government authority; (b) to enforce our Terms of Service and any other agreements, or to protect the security and integrity of our Site; and (c) to exercise or protect the rights, property or personal safety of Biteable, our customers or others.

  • To improve our services: We use content in your account to train to apply machine learning to improve our service for users. This content could include, for example, automatically detecting components of images or videos (e.g. to allow automatic correction or alteration of images and videos), automatically labeling data, and automatically detecting content prohibited by our Terms of Service.

  • Where you have given your consent: We may seek your consent to use your information for a particular purpose. Where you give your consent for us to do this, we will use your information in accordance with that purpose. You can withdraw your consent to these uses at any time.

For Personal Information that is subject to the the United Kingdom Data Protection Law and the European Union General Data Protection Regulation (together, the “GDPR”), we rely on the following legal bases to process that Personal Information:

  • Where you have given your consent for us to use your information;
  • Where the processing is necessary to perform a contract that we have with you, for example when you purchase our Services;
  • Where it is necessary for our legitimate business interests, such as improving and developing our Services and marketing new features or products (but only where our legitimate interest is not overridden by your interest in protecting your Personal Information); and
  • Where it is necessary for compliance with legal obligations.

You may at any time refuse to provide the Personal Information that we request. However, this may limit or prohibit our ability to provide our Services to you. You may withdraw your consent for us to process your Personal Information at any time by contacting us in accordance with our “Contact us” section below.

To whom we disclose Personal Information

We only share your Personal Information with third parties to help us provide you with Services. Disclosures may be made to:

  • Marketing platforms, communications platforms, and contractors who we engage to help process Personal Information in support of Biteable operations;
  • For anonymized data, from which all Personal Information has been removed in accordance with relevant laws and best practices, sharing may be permitted with third parties;
  • Government third parties, including government agencies, regulatory bodies, and law enforcement agencies as required, authorized, or permitted by law; and
  • A third party that acquires or merges with or intends to acquire or merge with Biteable or its assets.

Disclosures may also occur between our Australian and U.S. legal entities, Biteable LLC (United States) and Biteable Pty Ltd (Australia).

If you use Biteable as a paid member of an organization or while using your organization’s email address, we may share your email address and plan information with an authorized agent of your organization upon request in order for them to administer your account on behalf of your company.

International transfers of Personal Information

In order to provide you with Services, your Personal Information may be transferred to a jurisdiction that does not have the same data protection laws as your jurisdiction. You consent to the transfer of your Personal Information to the United States or any other jurisdiction in which Biteable or its affiliates or service providers maintain personnel or facilities.

For users in Australia, when we transfer information to countries other than your own, we take reasonable steps to ensure that the recipients of such information do not breach the Australian Privacy Principles contained in the Privacy Act 1988 in relation to that information by entering into contractual arrangements with such third parties.

For our customers in the European Economic Area (EEA), where we transfer your Personal Information to a third-party provider that is not located in the EEA and is not subject to an adequacy decision by the EU Commission, we will require those third-party providers to enter into an agreement that provides the legally required safeguards for your information. From time to time we may also seek your consent to transfer your Personal Information to a third country outside the EEA.

Changing or deleting your Personal Information

You may update certain account information such as your name and email address by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us at any time by clicking on the unsubscribe link in the relevant communication. We will honor the unsubscribe request within 10 days of receipt.

You may access, review, update, rectify, or delete your Personal Information by contacting us. We will respond to all requests within 30 days. Please note that deleting your Personal Information may limit our ability to provide Services to you.

We may limit or reject your request in certain cases, including without limitation where the burden or expense of providing access would be disproportionate to the risks to your privacy in the situation in question, where the rights of other persons would be violated or as otherwise required or allowed by law or governance purposes.

If you need further assistance regarding your access and control of your Personal Information, please contact us at legal@biteable.com. Upon receipt of an inquiry, we may request further identifying information, or proof of identity/residence.

You also have a right to lodge a complaint with your local supervisory authority.

Security

Biteable works hard to protect your Personal Information from unauthorized access. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it (including encryption and password protection). Our employees are trained on our security policies, adhere to security standards, and your information is only available to those employees who need it to perform their jobs. Similarly, you should take steps to ensure that you select a secure password, that it remains secure, and that your account is not subject to unauthorized access. Biteable is not responsible for lost or stolen passwords.

However, no method of transmission over the Internet using industry standard technology is 100% secure. Therefore, we cannot guarantee the absolute security of your information.

Data Retention

When you place an order through the Site, we will maintain your Personal Information, and other information you have provided, for our records, as long as that information is needed to operate the accounts you have with us, to deliver our Services to you, and for the other purposes set out in the “What Personal Information do we collect?” section, including legal, audit, and backup purposes. We will retain this information unless and until you ask us to delete this information.

Minors

We do not knowingly advertise or collect Personal Information from any individual under the age of 13 and our Services and content are not directed at children under the age of 13. All users that are under the age of 16 must obtain the consent of a parent or legal guardian before that user can use our Services. Our Terms of Service has further details on this consent. If we later find out that we have collected Personal Information from any individual under the age of 16 without parental consent, we suspend and remove this Personal Information immediately.

Our Site may provide or allow access to third party content and services. We are not responsible for the practices employed by websites or services accessible from the Site, including the information or content contained within this Site. When you use a link to go from our Site to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service that has a link or advertisement on our Site is subject to that third party’s own policies.

Changes to our Privacy Policy

We reserve the right to modify this Privacy Policy at any time and without notice in order to reflect changes to our practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy you may be notified via email (if we have your contact information) or otherwise in some manner through our Services that we deem reasonably likely to reach you.

Any modifications to this Privacy Policy will be effective upon our publication of the new terms and/or upon implementation of the new changes to our Services (or as otherwise indicated at the time of publication). In all cases, your continued use of our Services or Site after the publication of any modified Privacy Policy indicates your acceptance of the terms of any modifications to the Privacy Policy.

Additional rights for EEA customers

If you are a citizen or resident of the European Union or the United Kingdom for the purposes of the GDPR in addition to what is set out above, the following Section applies to you.

Biteable is a data processor for the purposes of the GDPR and by your consenting to this Privacy Policy Biteable is able to process your Personal Information in accordance with this Privacy Policy.

In providing our Services to you, we may make use of a number of automated processes using your Personal Information and your activity on our Site as tracked by us, in order to provide optimized Services to you.

As set forth in, and in addition to the rights detailed in this Privacy Policy, you may:

  • Update or rectify any of the Personal Information we hold about you, in the manner described in the “Changing or Deleting your Personal Information” section above;
  • Withdraw your consent to our use of your Personal Information as described in this Privacy Policy. This can be done by contacting us directly, using the details set out in the “Contact us” section, and any such requests may be processed in accordance with our legal and contractual obligations;
  • Request that we provide you with a copy of the Personal Information we hold about you in a portable and machine-readable form or share your Personal Information with a nominated third party. This can be done by contacting us directly, using the details set out in the “Contact us” section.

Additional rights for California customers

Users who reside in California have additional rights under the California Consumer Privacy Act (the “CCPA”). Personal Information collected from California users is set forth in the “Personal Information” section above. How we may use the Personal Information collected from California users is set forth in the “How we use your Personal Information” section above. The parties we may disclose information to are set forth in “To whom we disclose Personal Information.”

Subject to certain limitations, California users may request access to the Personal Information that Biteable has regarding them, and may request that Biteable delete all of their Personal Information. They may make this request via email at legal@biteable.com. Biteable may request further identifying information, or proof of identity/residence, in the event of the receipt of such a request. Please see the “Changing or deleting your Personal Information” information above for further details.

As defined in the CCPA, Biteable does not sell Personal Information.

In accordance with the CCPA’s requirements, we will not discriminate against you for exercising any of your CCPA rights.

Contact us

Thank you for taking the time to read this. Please don’t hesitate to get in touch if you have any queries about the use of your private information. You may email us at legal@biteable.com.