BROADLY, INC. PRIVACY POLICY

DATE OF LAST REVISION: APRIL 4, 2016

Broadly, Inc. (“Broadly”, “we”, “us” and/or “our”) is committed to protecting your privacy. Wherever possible, we want to communicate openly and directly with each and every user of our automated marketing and customer engagement service for businesses and related services (the “Services”).

This Privacy Policy sets forth Broadly’s policy with respect personally identifiable data (“Personal Data”) and other information that is collected from three groups of users: individuals that register to use or purchase the Services (“Customers”), our Customers’ actual or prospective customers (“Consumers”) and visitors to our corporate website or other websites managed through the Services (“Visitors”).

CONFIDENTIALITY OF YOUR CONSUMER INFORMATION AS A CUSTOMER

We understand the importance and proprietary nature of our Customers’ customer lists (your list of actual and prospective Consumers), and we will not share Personal Data about your Consumers with your competitors. We only provide information about your Consumers to our other Customers on an anonymous and/or aggregated (non-personally identifiable) basis, in a manner consistent with this Privacy Policy.

COLLECTION AND USE OF YOUR INFORMATION, AS A CUSTOMER, CONSUMER OR
VISITOR

When you interact with us through the Services, we may collect Personal Data and other information from you, and use such information, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever Broadly collects Personal Data from you, we make an effort to provide a link to this Privacy Policy. Broadly uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Broadly and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data: When you interact with Broadly through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Broadly may store such information itself or such information may be included in databases owned and maintained by Broadly affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating the Services, we may use cookies, pixel tags or other identifiers (collectively, “Cookies and similar technologies”) to help provide additional functionality to the Services, help us analyze Services usage more accurately and collect information about your browsing activities over time and across different websites following your use of the Services. For instance, our Services may use a pixel tag to present you with communications that we think may be more relevant to you. In all cases in which we use Cookies and similar technologies, we will not collect Personal Data except with your permission. Third parties that you interact with as you use the Services (including Customers) may also use Cookies and similar technologies for a variety of purposes. Your browser or device may offer settings related to these Cookies and similar technologies. For more information about whether these settings are available, what they do, and how they work, visit your browser or device’s help material. We recommend that you leave Cookies and similar technologies turned on because they allow you to take advantage of some of the Services’ features. In addition, in operating the Services, we may also use web beacons or similar technologies. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain personally non-identifiable information and monitor user activity on the Services, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon. As with our use of cookies, if any information collected through the use of web beacons is associated with Personal Data, we will treat it as Personal Data.

Our Services currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Data from Third-Party Sources: In order to improve the Services, we may obtain from third parties certain Personal Data and other non-personally identifiable information about Consumers, and this information is treated in a manner that is consistent with this Privacy Policy.

COLLECTION AND USE OF YOUR INFORMATION AS A CONSUMER

The Services use and provide to our Customers certain Personal Data and other non-personally identifiable information about their Consumers and those Consumers’ interactions with our Customers’ products and services. Broadly obtains this information as a result of information being sent to our servers by Broadly’s Customers, by the tracking agent (the “Agent”), as embedded by or on our Customers’ behalf, on our Customers’ websites and in emails sent to our Customers’ Consumers. Broadly uses this data to create reports for our Customers to analyze how their Consumers interact with their products and services and to create reports and/or metrics against which they can compare their user base. In addition, we provide our Customers with aggregated and anonymous benchmark data that includes their Consumer data and our other Customers’ Consumer data.

AGGREGATED PERSONAL DATA

In an ongoing effort to better understand and serve the users of the Services, Broadly often conducts research on its Customers and their Consumers’ demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Broadly may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Broadly may also disclose aggregated statistics and other anonymized (personally non-identifiable) information about its Customers and their Consumers, in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

OTHER USES OF YOUR PERSONAL DATA AND OTHER INFORMATION

As part of our Services, Broadly and its affiliates may use Personal Data collected through the Service to contact you in the future about services we believe will be of interest, including marketing communications sent on behalf of multiple Customers or other parties (“Multiple Customer Emails”). All of our communications will include opt-out instructions, as follows:

  1. Marketing communications sent on behalf of our Customers will contain instructions permitting the Consumer to opt-out of receiving future marketing communications from that specific Customer, and a Customer may also directly inform Broadly of an opt-out from such Customer’s Consumer (each, a “Customer-Specific Opt-Out”). If a Consumer opts-out of such marketing communications by informing the Customer, we will not be aware of such opt-out until the Customer informs us; however, the Consumer can still directly opt out of marketing communications by following the instructions provided by us to opt-out.
  2. Multiple Customer emails will contain instructions permitting the Consumer to opt-out of receiving such future Multiple Customer Emails. Note that such an opt-out does not constitute a Customer-Specific Opt-Out.

Broadly and its subsidiaries and affiliates (the “Related Companies”) may also use Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services.

If Broadly intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION

Broadly is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth above in this Privacy Policy, and as follows:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Broadly, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Broadly may disclose Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Broadly, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

As a Customer, you must plainly and conspicuously notify your Consumers that when they use your website or service, information about their activities online is being collected by a service that collects information about their activities across different websites, and describe the above opt-out procedures, in a privacy agreement or policy with your Consumers.

Broadly is not responsible for any use by its Customers of any data regarding their Consumers. Those Consumers should review the policies of the applicable Customer(s) to understand their use of such data.

YOUR CHOICES

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

EXCLUSIONS

This Privacy Policy does not apply to any Personal Data collected by Broadly other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Broadly through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Broadly shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

CHILDREN

Broadly does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. If you have reason to believe that a child under the age of 13 has provided Personal Data to Broadly through the Services, please contact us, and we will endeavor to delete that information from our databases.

You may not use the Services: a) in connection with any product, service, or advertisement directed towards children or b) to collect any Personal Data of children.

LINKS TO OTHER WEB SITES

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Broadly (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Broadly endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

SECURITY

Broadly takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Broadly via the Internet.

CHANGES TO BROADLY’S PRIVACY POLICY

The Services and our business may change from time to time. As a result, at times it may be necessary for Broadly to make changes to this Privacy Policy. Broadly reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

YOUR CALIFORNIA PRIVACY RIGHTS:

Under California Civil Code 1798, California residents with an established business relationship can request information about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like more information, please contact us by emailing us at privacy@broadly.com.

ACCESS TO INFORMATION; CONTACTING BROADLY

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

Please also feel free to contact us if you have any questions about Broadly’s Privacy Policy or the information practices of the Services.

You may contact us as follows: privacy@broadly.com.