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We are committed to protecting the privacy and security of the users of our website and services.
In no manner we will sell, trade, or rent your data to any third party. Our main aim of data collection is to provide you with the services described in these Terms.
Bloom Financial Corp (“BFC”, “Company”, “we”, “us”) respects your privacy and is committed to protecting your privacy. This Privacy Policy describes the information we collect about you, how we may use that information, who we may share it with, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully prior to using our services available on our website www.getthera.com (the “Website”). We may change this policy from time to time in order to address new issues, adhere to new regulations and reflect changes on our website. We will post those changes here so that you will always know our policies regarding what information we gather, how we might use that information and whether we will disclose that information to anyone. Please refer back to this policy regularly.
By using our data analysis and content creation features (the “Service”), you are accepting the practices described in this Privacy Policy.
For our registered users, BFC will act as both data processor (when we process your personal data) and data controller (when we collect your personal data).
The terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to your PI and other data collected from our visitors and end users.
INFORMATION WE COLLECT ABOUT YOU
When you engage in certain activities via the Website you may provide information to us which may include personal information, which is information that may reasonably be used to identify you, such as your e-mail address, IP-address, online identifiers and other information voluntary provide to us (Personal Identifiable Information or Personal Data). We may also collect information available on the Internet. In the event you access the Website through a third-party service, such as by way of example not limitation Facebook or Google, or another party, we may receive Personally Identifiable Information from such third party and by using the Website, you consent to our receipt and sharing of Personally Identifiable Information.
Non-Personally Identifiable Information is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Website, the URL of the website you visit after leaving the Website, the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information. We, and/or our authorized third parties may automatically collect this information when you visit or use the Website using electronic tools like cookies and web beacons or pixel tags, as described in our Cookie Policy.
PURPOSE OF COLLECTION OF INFORMATION
We may use or share Personally Identifiable Information to provide products and/or services to you, to enable third-parties to provide products and/or services to you, to enhance the operation of the Website, improve our marketing and promotional efforts, analyze use of the Website, and tailor your experience with third parties as provided below in this Privacy Policy. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Terms and Conditions and this Privacy Policy, and to comply with applicable laws and cooperate with law enforcement activities. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our Website and services.
Non-Personally Identifiable Information is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Website, the URL of the website you visit after leaving the Website, the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information. We, and/or our authorized third parties may automatically collect this information when you visit or use the Website using electronic tools like cookies and web beacons or pixel tags, as described in our Cookie Policy.
We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities.
We reserve the right to use, transfer, and share aggregated, anonymous data about our users as a group for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.
WHAT INFORMATION DO WE COLLECT?
Active Collection
Information is collected in various ways when the Website or Service you are using. Voluntary provided information is collected, such as information used to create a BFC account or when an email is sent to us. This information includes your first and last name, display name, email address, shipping and billing addresses. BFC does hold and store financial information.
Automatically Collected
This may include but is no limited to your Internet Protocol (IP) address (we may use this to approximate your location), unique device identifiers, device model and name, operating system, browser type, preferred language, your activity on the Website and the Service using. We may also automatically collect information such as how you use the features of the Service and information regarding the number, frequency and length of each session. This becomes personal data if we combine it with or link it to any of the identifying information mentioned above, but otherwise it is used in de-identified form only.
The Website collects information on the precise geo-location of your device with your consent. This option can be disabled (please see “YOUR CHOICES” section below). Information is also collected through cookies when you use the Service. If you choose to remove or reject cookies it may affect your experience of the Website and Service (please see “COOKIES AND ONLINE TRACKING” section for more details).
Information from other sources can also be combined with information collected through the Service. For example, connecting to our Service through a social media will allow us access to data such as your name, account information and photos in accordance with the authorization process determined by the Website.
Third-party networks may be used to display advertising within the Service and across the Internet. This includes the use of the cookies, web beacons, SDK and other online tracking technologies to gather information regarding your activities on the Website and Service, and it allows us a better understanding and enables your use of the Website and Service. Your collected information may be used to provide you or others with targeted advertising based upon your or their interests.
Personal data and automatically collected information is stored on secure servers and may be stored and processed in California, USA and other countries with adequate level of data protection (read more about adequacy).
To support and enhance the Website and Service, we work with a third-party marketing service providers and website analysis firms, by way of example not limitation such as Google and Hotjar. We use Google Analytics, which is a web analytics tool, that helps us understanding how users engage with the website. Google Analytics uses first-party cookies to track user interactions as in our case, where they are used to collect information about how users use the Website. This information is used to compile reports and to help us improve our Website. These reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics. For more information visit this page. We use Hotjar for understanding what users want, care about and do on your site by visually representing their clicks, taps and scrolling behavior on the Website.
We will keep a list of any sub-processors that will be involved in the processing of your information due to the provision of our Service and will inform you of any intended material changes concerning the addition or replacement of sub-processors before such changes are effective, thereby giving you the opportunity to object to such changes.
Purpose and legal basis
PURPOSE OF THE PROCESSING
CATEGORIES OF PERSONAL DATA
LEGAL BASIS FOR PROCESSING
Set up a record on our systems
Contact details
Contractual necessity
Legitimate interest (to ensure we have an accurate record)
To manage our relationship with you
Contact details
Transaction and Usage data
Contractual necessity
Compliance with legal obligations
To establish and investigate any suspicious behavior in order to protect our business from any risk and fraud
Contact details
Legitimate interest (detection and prevention of fraud)
Evaluating your queries and/or requests you send us to use/receive any of the Service (including Customer Support)
Contact details
Contractual necessity
Record keeping of transactions and to generate internal aggregate statistics
Contact details
Transaction and Usage data
Tracking data
Contractual necessity
Legitimate interest (to ensure accurate record of sales and functionality of our services)
Maintain records on our systems
Contact details
Contractual necessity
Legitimate interest (to ensure we have an accurate record)
Continue to manage our relationship with you
Contact details
Transaction and Usage data
Contractual necessity
Compliance with the legal obligations
To contact you for customer care purposes
Contact details
Contractual necessity
Legitimate interests
Your being able to participate in an online survey or poll
Contact details
Your consent
Comply with legal and regulatory obligations
Contact details
Legal obligation
Subscribing to a newsletter or mailing list
Contact details
Your consent
Record keeping of transactions and internal data analysis
Contact details
Transaction and Usage data
Tracking data
Contractual necessity
HOW INFORMATION IS USED
Information collected through the Website and Service will be used for the purposes described in this Policy or elsewhere on the Website and Service.
This may include:
PERSONAL INFORMATION TRANSFER
We do not share your personal data with third parties other than as set in this Privacy Policy. Instances that we may share personal data may include:
DATA PROTECTION
Protecting the personal data we receive from you is of crucial importance to us. Reasonable measures are taken to protect your personal data to prevent loss, misuse, unauthorized access, alteration and destruction. We cannot, however, guarantee its absolute security. While there is always some risk involved in transmitting information over the Internet, we strive to protect against the misuse of any personal data that we receive from you via the Website. To guard your non-public personal information, we maintain physical, electronic and procedural safeguard measures.
We store your personal data at the time of the Service delivery (when your account is active), however, we will retain and use your information as necessary to comply with our legal obligations, government auditing requirements, resolve disputes, and enforce our agreements. At the end of such period, we may, at our discretion, destroy such personal data without notice to you.
If you have any questions or suggestions about the security of your data, you can send an email to info@getthera.com.
DATA RETENTION
When any personal data is no longer required for the purposes for which it was collected, we may destroy the personal information in a manner that takes into account its sensitivity.
We will retain your personal data only for as long as is necessary (taking into consideration the purpose for which it was originally obtained). The criteria we use to determine what is “necessary” depends on the particular personal information in question and the specific relationship we have with you (including its duration).
Our normal practice is to determine whether there is/are any specific laws permitting or even obliging us to keep certain personal data for a certain period of time (in which case we will keep the personal data for the maximum period indicated by any such law).
We would also have to determine whether there are any laws and/or contractual provisions that may be invoked against us by you and/or third parties and if so, what are the prescriptive periods for such actions (typically five years). In the latter case, we will keep any relevant personal data that we may need to define ourselves against any claims, challenges or other such actions by you and/or third parties for such time as is necessary.
Where your personal information is no longer required by us, we will either securely delete or anonymize the personal information question.
Please contact us if you wish to inquire about deleting your own personal data.
COOKIES AND ONLINE TRACKING
What are cookies?
Cookies are small text files created by the website, downloaded to and stored on any internet enabled device—such as your computer, smartphone or tablet—when you visit our homepage. The browser you’re on uses the cookies to forward information back to the Website at each subsequent visit for the Website to recognize the user and to remember the user’s choices (for example, login information, language preferences and other settings). This can make your next visit easier and the site more useful to you.
What types of cookies do we use and for what purposes do we use them?
We use different types of cookies to run our Website. Accordingly, the cookies indicated below may be stored in your device.
Mandatory and performance cookies (Necessary). These cookies are necessary for the Website to function and will be placed on your device once you access the Website. Most of these cookies are set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. These cookies provide a convenient and complete use of our Website, and they help users efficiently use and personalize the Website. These cookies identify the user’s device insofar, so we would be able to see how many times our Website is visited, but do not collect any additional Personally Identifiable Information. You can set your browser or device to block or alert you about these cookies, but some parts of the site will then not work. These cookies do not store any Personally Identifiable Information and are stored on the user’s device until the end of session or permanently.
Analytical cookies (Statistics). These cookies collect information about how users interact with our Website, for example, to determine which sections are most frequently visited and which services are most often used. The collected information is used for analytical purposes to understand the interests of our visitors and how to make the Website more user friendly. If you do not allow these cookies, we will not know when you have visited our site and will not be able to monitor its performance. For analytical purposes, we may use third-party cookies. These cookies are stored on the user’s device for as long as set by the third-party cookie provider (ranging from 1 day to permanently).
Marketing and targeting cookies. These cookies collect information about how users interact with our Website, for example, to determine which sections are most frequently visited and which services are most often used. Before you agree to the use of all cookies, we will only collect anonymous data regarding the access of the Website. The collected information is used for analytical purposes to understand the interests of our users and how to make the webpage more user friendly. For analytical purposes, we may use third-party cookies. These cookies are stored permanently on the user’s device.
Third-party cookies. Our Website uses third-party services, for example, for analytics services so we would know what is popular in our Website and what is not, thus making the Website more functional. You can learn more about these cookies and their Privacy Policy by visiting the websites of respective third parties. All information processed from third-party cookies is processed by the respective service providers. At any point in time you have the right to opt-out from data processing by third-party cookies.
For example, we may use Google Analytics cookies to help measure how users interact with our Website content. These cookies collect information about your interaction with the Website, such as unique visits, returning visits, length of the session, actions carried in the webpage, and others.
List of cookies [list]
Cookie Name
Provider
Category
Type
First or Third-Party
Expiry
PHPSESSID
THIRD-PARTY WEBSITE LINKS
The Website and Service may include links to other websites whose privacy practices may differ from those of BFC. If you submit personal information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit. We are not responsible for the privacy practices of others. Any link to a website owned by third party does not constitute an endorsement, approval, association, sponsorship or affiliation with the linked website, unless specifically stated.
The Website may include social media features, for example, widgets, such as the share this or like button. These features may collect your IP address, which page you are visiting on the website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it.
YOUR CHOICE
You may select to unsubscribe from marketing or promotional communications from us by following the instructions in those messages or through emailing us at info@thetera.com. If you opt-out, you may still be sent non-promotional messages relating to your account, previous transactions or our ongoing business relations.
ACCESSING OR UPDATING OF PERSONAL DATA
You have the right to access your personal information (data). To make a request, please contact us. In general, we need verifying your identity and specifying what information you require. You may contact us via email at info@thetera.com.
You agree, represent and warrant that all account registration information provided by you is accurate and up to date. If any of your registration information changes, you must update it on the Website or Service.
CHILDRENS PRIVACY
Although our Service is a general audience service, we restrict the use of the Service to individuals under the age 18 without parent/guardian consent. We do not knowingly collect, maintain, or use personal information from children under the age of 13 without parent/guardian consent.
EEA RESIDENTS RIGHTS
In this Section we have summarized the rights that you may have under The General Data Protection Regulation 2016/67. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection laws in the EEA are:
the right to access;
the right to rectification;
the right to erasure;
the right to be forgotten;
the right to be informed;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to complain to a supervisory authority; and
the right to withdraw consent.
You have the right to confirmation as to whether we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to have any inaccurate personal data about you rectified and, considering the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully process. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
consent; or that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
You may access your personal information that we hold by contacting us using the contact details below. We will provide you with a copy of the personal information we keep about you. However, we reserve the right to charge you a reasonable amount for providing copies of any personal information you request, to take into account the time, cost and effort involved.
You may request that the personal information we hold about you be corrected by contacting us. If we do not agree to your request for a correction, you may then request that we take reasonable steps to attach to the information a statement of the correction sought but not made.
Please be aware that some of these rights may be limited or unavailable where we have an overriding interest or legal obligation to continue to process the data, or where data may be exempt from disclosure. Please direct all inquiries under GDPR to our Data Protection Officer, info@thetera.com.
European residents who believe their rights have been violated under the GDPR may lodge a complaint with the Information Commissioner’s Office or other supervisory authority.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
If you are a resident of the State of California and you have provided your personal information to us, you have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”). You have the right to request that we disclose what personal information we collect, use, disclose, and sell. Contact us to exercise your right to know. You have the right to request deletion of your personal information we collect and maintain. You can exercise this right by sending to us an email. We will verify requests to exercise your California Privacy Rights. You have the right not to be discriminated against by us for exercising any of your rights under the CCPA.
We disclose your personal information to third parties for the commercial purpose of providing you interest-based advertising. You have the right to opt out of the sale of your personal information by declining our cookies or by deleting all cookies stored in your browser and setting up your browser to block cookies being saved.
The CCPA provides Californians with the following rights:
Requests for Information: you (or your authorized agent) can request a copy of your PI, including how we have collected, used, and shared your information over the past 12 months (if any), including the categories of information we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so.
Your Right to opt Out of Sales: We do not sell your information, thus, we do not offer opt out notices.
Your Right to Notification: under the CCPA, we cannot collect new categories of information or use them for materially different purposes without first notifying you.
Nondiscrimination for exercising your CCPA Rights: the CCPA prohibits us from discriminating against you for exercising your rights under the law. Such discrimination may include denying services, charging different prices or rates for services, providing a different level or quality of services, or suggesting that you will receive a different level or quality of goods or services as a result of exercising your rights.
Your Right to Delete PI: you can request that we delete your information by closing your account. You also can request that we delete specific information, and we will honor such requests, unless a due exception applies, such as when the information is necessary to complete a transaction, verify a fraud, review a chargeback or contract for which it was collected or when it is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.
Please take into consideration that we may deny your deletion request if retaining the information is necessary for us, our affiliates or our service providers in order to:
Complete the transaction for which we collected the PI information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug our products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation that has substantive grounds;
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Overall, we have, may collect or will collect the following categories of information from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:
Personal information, as defined in the California customer records law, such as contact information and financial information;
Identifiers, such as online identifier, IP address and name;
Financial information, such as transaction information and history and securities trading information and history;
Internet or network activity information, such as browsing history and interactions with our and other websites and systems;
Geolocation data, such as device location and IP location;
Audio, electronic, visual and similar information, such as video recordings created in connection with our business activities, such as your fitness videos and multimedia content; and
Inferences drawn from any of the information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
If you have any privacy request, such must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.
Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our services within thirty (30) days. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.
NEVADA PRIVACY RIGHTS
Nevada law (SB 220) permits customers in Nevada to opt-out of the sale of certain kinds of personal information. As previously mentioned above, we do not sell your personal information to third parties. If you are a Nevada resident and have questions, please contact us via phone, email, or write to us as provided below in our Contact Us Section.
DO NOT TRACK DISCLOSURES
BFC does not track its visitors over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may have features that allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
If you would like to learn how to set Firefox so that websites do not track you, go here: http://www.mozilla.org/en-US/dnt/
If you would like to learn how to set Chrome so that websites do not track you, go here: https://chrome.google.com/webstore/detail/do-not-track/ckdcpbflcbeillmamogkpmdhnbeggfja?hl=en-US
If you would like to learn how to set Explorer so that websites do not track you, go here: http://windows.microsoft.com/en-us/internet-explorer/use-tracking-protection#ie=ie-11
Apple Safari browser no longer supports Do Not Track (DNT) but it has prevent cross-site tracking in Safari on Mac feature https://support.apple.com/guide/safari/prevent-cross-site-tracking-sfri40732/mac
Third parties that have content embedded on the Website such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a browser visited the Website from a certain IP address. Third parties cannot collect any other personally identifiable information from the Website unless you provide it to them directly.
BUSINESS ASSETS TRANSFER OR SELL
The ownership of BFC may change at some point in the future. BFC may be sold, might sell or buy businesses or assets of businesses, or the Company might merge with another business. In such transactions, user data generally is one of the transferred business assets. Also, in the event that the Company, a line of business of the Company, or substantially all the assets of the Company are transferred, user information may be one of the transferred assets.
The Company will make reasonable efforts to provide notice on the Website and to notify you via email to the most recent email address that you have provided to the Company of any such change in ownership or control of your personal information and data.
GOVERNING LANGUAGE
From time to time, this Privacy Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of Site and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
GENERAL
We reserve the right to update this Privacy Policy from time to time in our discretion.
Any changes to this Privacy Policy will be made through a revised posting on the Website.
CONTACT US
If you have any questions regarding to this Privacy Policy, please contact us by email at hello@getthera.com or traditional mail at 1460 Broadway, New York, New York, 10036.
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