Privacy Policy

BDSA Privacy Policy

Effective Date: 5/4/2022

BDS Analytics, Inc. (“BDSA” or “we,” “us” or “our”) respects your privacy. This Privacy Policy (“Policy”) describes how we collect, use, protect and disclose your Personal Data in connection with your use of our website, https://bdsa.com/, along with the features, functionalities, applications, browser extensions and other services available through our website, (collectively, our “Website”), your use of our products and services (our “Services”), and personal information we obtain from any third party site connected to our Website or where we post content or invite your feedback or participation, including, without limitation, Facebook, Twitter and Instagram (collectively, “Third Party Sites”). We refer to our Website, Services, and Third Party Sites collectively as our “Platform.”

You can access and interact with our Platform in many ways, including from a computer or mobile device. This Policy applies regardless of how you access or interact with our Platform. Depending on how you interact with our Platform, there may be some cases where we need to provide you with additional information about how we collect, use, protect or disclose your Personal Data and/or what options you have regarding our collection, use or disclosure of your Personal Data. We may provide this additional information through notices on our Platform or via direct communications with you. If we do this, unless we tell you otherwise, the additional information will apply in addition to what is described in this Policy.

Please read this Policy carefully. If you do not want us to collect, use or disclose your Personal Data in the ways described in this Policy, please do not access, participate in, interact with or use our Platform, provide us with your Personal Data or authorize any third party to make your Personal Data available to us. By accessing, participating in, interacting with or using our Platform, you acknowledge that you understand that we may use your Personal Data as described in this Policy. If you have any questions about how we collect, use, protect or disclose your Personal Data in connection with our Platform, please contact us by email at info@bdsa.com.

PERSONAL DATA AND OTHER INFORMATION WE COLLECT

Our primary goals in collecting Personal Data are to provide our Services, conduct our business operations, and improve our Platform.

When we refer to “Personal Data” in this Policy, we mean information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a specific person. This might be information that directly identifies someone, such as their name, or it may be information that identifies someone only when combined with other information available to us. Please note, except as provided under applicable laws, Personal Data does not include information that is publicly available through government records or information that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.

Categories of Personal Data We Collect

Depending on how you access, use or otherwise interact with our Platform, we, or third parties acting on our behalf, may collect the following categories of Personal Data about you:

Identifier and contact information, such as your real name, alias, email address, telephone number, postal address, physical address, unique personal identifier, Social Security number, other government-issued identification numbers, online identifier, IP address and other similar information.

Professional or Employment-Related Information including current or past job history or performance evaluations.

Financial information, such as your bank account number, credit card number, debit card number, digital wallet information and other similar information.

Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing histories or tendencies.

Internet and other similar network activity information, such as your browsing history, search history, interactions with our Platform and online advertisements and other similar information.

Communication information, such as information contained in voice mails, chats, emails, and other similar information.

Location information, such as where you live, where you are located and other similar information.

Other information you provide to us.

Other Information We Collect

We, or third parties acting on our behalf, may collect certain information about the device you use when you interact with our Platform through their normal operation of our Platform and through the use of cookies, pixels, and other web technologies on our Platform (collectively, “Usage Data”). Usage Data, by itself, generally does not identify the specific person using the device that generated it. This means that Usage Data usually will not be considered Personal Data and our use of such Usage Data is not subject to this Policy unless required pursuant to applicable law. However, if we link Usage Data directly with other Personal Data or other information that could identify you, we will treat the linked Usage Data as Personal Data and use the linked Usage Data as described in this Policy.

Depending on how you access, interact with or use our Platform, the Usage Data that we, or third parties acting on our behalf, may collect may include:

Device information, such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with a device used to access, use, or interact with our Platform;
Information about online interactions with our Platform, such as links that are clicked, pages or screens that are viewed, access and session times, interactions with emails we send and other similar information associated with a device used to access, use, or interact with our Platform;

Information about internet and network activity, such as websites visited, search engine results and similar information associated with a device that accesses, interacts with or uses our Platform;
Other information automatically collected by cookies and other technologies on our Platform; and
Any other information that a browser or device automatically sends whenever connected to a website or an online application.

HOW WE COLLECT PERSONAL DATA

A large portion of the Personal Data we, or third parties acting on our behalf, collect is provided directly by you. In some cases, we may collect Personal Data from third parties in the ways described in this Policy.

Directly from You

When you access, use or otherwise interact with our Platform, or otherwise engage with us in connection with our Platform, such as requesting more information about us, we may ask you to provide certain Personal Data.

From Third Parties

We, or third parties acting on our behalf, may collect Personal Data about you from third parties, including, without limitation, online and offline sources, entities affiliated with us, our service providers, social media platforms, advertising networks and other public or commercial sources (collectively, “Third Party Sources”). The collection of Personal Data from these Third Party Sources can occur in a variety of ways, including, without limitation:

When you access, use or interact with our Platform through Third Party Sites, associate your access to, use of, or interactions with our Platform with Third Party Sites or share our content via Third Party Sites, you acknowledge that you are authorizing us to collect, share, store and use any Personal Data we receive from those Third Party Sites about you. In some cases, you may be able to revoke our access to your Personal Data and other content and information we receive from Third Party Sites by changing the appropriate settings for your account with the applicable Third Party Site.

Third parties whose content is linked to on our Platform. Any links to other websites, applications or other third party content on our Platform, are not an endorsement, authorization, or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practices of any third party. We encourage you to read the privacy policies or statements applicable to any third party websites, applications, or content you access.
We, or third parties acting on our behalf, may receive Personal Data about you from third parties that provide services to us through or in connection with the performance of our Services or the operation of our Platform (“Service Providers”). Service Providers may include, without limitation, hosting providers and payment providers.

Please note, we may combine the Personal Data and other content and information we receive about you from multiple sources, including, without limitation, Personal Data we collect directly from you and one or more Third Party Sources.

HOW AND WHY WE COLLECT USAGE DATA

We, and third parties acting on our behalf, collect Usage Data in a variety of ways. Some Usage Data, such as the IP address of a device attempting to access, use or interact with our Platform, is necessary for us to make certain portions of our Platform available. Other Usage Data, such as information about which features of our Platform are popular, helps us improve and advertise our Platform. This section describes the primary ways Usage Data is collected in connection with our Platform.

The systems we use to make our Platform available to you. When you access, use, or interact with our Platform, these systems automatically record certain information that your browser or device sends whenever you visit a website or utilize an online application as well as information about how long your device is connected to our Platform and the activities that device engages in while connected.

Cookies, which are small data files that are uploaded to the hard drive or other storage on devices that access, use, or interact with portions of our Platform. Among other things, cookies help us improve our Platform and our users’ experience. We use cookies to see which areas and features are popular and to understand usage of our Platform. We use first party cookies, served directly by us to the devices that access our Platform, to recognize those devices when they revisit. We also use third party cookies, which are cookies that are placed by other parties we work with. These third parties may upload unique cookies to your device to collect information about your use of our Platform and potentially other online activities you engage in over time across different Platform and other online applications. The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be uploaded to your device, including how to disable such technologies. You can disable our cookies, or all cookies, through your browser settings, but please note, disabling cookies may impact some of the features of our Platform and prevent them from operating as intended. You can learn more about cookies, including how to see what cookies have been uploaded to your device and how to manage and delete them, by visiting https://www.allaboutcookies.org/.
We may use third party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads).
Other tracking technologies, such as web beacons, clear gifs, and pixel tags. These technologies may be used on or in connection with our Platform, including, without limitation, in emails we send. We may use these technologies to deliver cookies, count visits, understand usage, and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
We may use tracking solutions provided through certain Third Party Services on our Website, such as those outlined below.

HOW WE USE PERSONAL DATA

We use Personal Data for various purposes to operate and improve our Platform and provide our Services. The primary purposes for which we use Personal Data are:

Non-Marketing Purposes – we may use the Personal Data we, or third parties acting on our behalf, collect for non-marketing purposes, including: (1) operating and improving our Platform; (2) validating your identity; (3) carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us; (4) sending you emails, text messages, or calls to provide you with alerts and updates about your engagement with our Platform; (5) conducting statistical or demographic analysis; (6) complying with legal and regulatory requirements; (7) customizing your experience with our Platform; (8) protecting and defending BDSA against legal actions or claims; (9) preventing fraud; (10) satisfying contractual obligations; (11) cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we are legally required to do so or believe that disclosure of Personal Data is necessary or appropriate to protect the public interest; (12) registering or servicing your online account; (13) contacting you about or in response to questions or other correspondence we receive from you; (14) those you authorize or instruct us to do; and (15) other business purposes permitted under applicable law.

Marketing Purposes – we may, either on our own or jointly with our third party marketing partners (“Marketing Partners”), use the Personal Data we, or third parties acting on our behalf, collect for marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, e-mail and other means, all subject to our compliance with applicable laws (“Marketing Purposes”). We may also link Personal Data (including your name, mobile phone number, and email address) with other information (including information we automatically collect as described in this Policy) and use such linked information for Marketing Purposes. Our Marketing Purposes may include using Personal Data collected through cookies and other tracking technologies to facilitate the delivery of targeted ads, promotions, and offers to you, on behalf of ourselves and our Marketing Partners on and off our Platform. If you do not want us to use your Personal Data for marketing purposes, you may opt-out in accordance with the “Managing Your Personal Data” section below.

We will not collect additional categories of Personal Data or use the Personal Data we, or third parties acting on our behalf, collect in connection with our Platform for materially different, unrelated or incompatible purposes without providing you notice.

Please note, we may use and disclose aggregated, anonymized or de-identified information collected in connection with our Platform and other information that does not identify any individual (“Anonymized Data”) for any lawful purposes, which may include, without limitation, purposes not described in this Policy. Except as otherwise required under applicable laws, our use and disclosure of such Anonymized Data is not subject to this Policy.

SHARING PERSONAL DATA WITH THIRD PARTIES

To operate our Platform and provide our Services, we may share certain Personal Data that we, or third parties acting on our behalf, have collected, with certain third parties. The third parties that we may share Personal Data with include:

Our Service Providers in connection with the services they provide to us, including, without limitation, order fulfillment, marketing, data hosting, payment processing and fraud protection and prevention. We require these Service Providers to exercise reasonable care to protect your Personal Data and restrict their use of your Personal Data to the purposes for which we provided to them.

Our Marketing Partners to facilitate the delivery of targeted ads, promotions and offers to you, on our behalf, on and off our Platform.
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us, including Personal Data. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Data and other information we, or third parties acting on our behalf, have collected to third parties or to authorize such third parties to use any such information. Except as ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to this Policy. However, any Personal Data you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
Government and law enforcement individuals or private parties where necessary to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any Personal Data and other information to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to and defend against legal claims, for

legal process (including subpoenas), to protect our property and rights of those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security and integrity of our Platform and any equipment used to make our Platform available or to comply with applicable laws.
Any third party to whom you consent and/or instruct us to provide your Personal Data.

HOW TO MANAGE YOUR PERSONAL DATA

We offer you several choices with respect to how we use your Personal Data. The mechanisms available to you to control the Personal Data are:

To update any Personal Data you have provided us, update your preferences or otherwise contact us about our use of your Personal Data, please email us at info@bdsa.com.

To manage the communications we send you:

For marketing and other promotional email communications you receive from us, you can opt-out of receiving such communications by following the unsubscribe instructions contained in most email messages from us or on through the “Manage Preferences” page on our Website. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional marketing and other promotional emails from us. Please note, opting out of these communications will only apply to marketing and other promotional emails and will not apply to any email or other communications we send you for non-marketing purposes, including, but not limited to, emails and other communications about your orders and other interactions with our Platform.

If you have provided us with your prior express consent to receive text messages via an automatic telephone system (autodialer), we may use your information to send promotional, personalized advertising and other text messages to any mobile device connected to your mobile phone number. You can opt out from receiving future text messages at any time by: replying STOP to any text messages you receive from us; or sending us an email at info@bdsa.com with the subject line “STOP” and including your phone number in the email. Once you opt out, we will send one additional confirmation text message stating that you have opted out of receiving automated text messages from us. For more information about text messages we may send, please review our Terms of Use available at https://clients.bdsa.com/Public/TermsOfService.
If you do not want us to use your personal information to deliver targeted advertisements to you according to our target audience preferences, you can opt out by sending us an email with your request to info@bdsa.com. We do not control third parties’ collection or use of your Personal Data to serve interest-based advertising. However, these third parties, which may include our Marketing Partners, may provide you with ways to choose not to have your Personal Data used to deliver targeted to you according to their target audience preferences. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, located at https://www.networkadvertising.org, and from members of the Digital Advertising Alliance (“DAA”) on their website, located https://youradchoices.com. Please note, even if you opt out from receiving targeted advertisements, you may still see advertisements based on factors such as your general location derived from your IP address, your browser type and your search terms.

PROTECTING YOUR PERSONAL DATA

We are committed to protecting the security of your Personal Data. We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Data we collect and use in connection with our Platform. Nevertheless, when disclosing Personal Data, you should remain mindful that there is an inherent risk in the transmission of information via the internet and mobile platforms. Although we take precautions to protect against the risk of unauthorized access to your Personal Data, we cannot guarantee the security of any information, including your Personal Data, that you disclose online and you do so at your own risk.

CHILDREN’S PRIVACY

We do not direct or target any piece of our Platform to children under the age of 18. If we learn that we have collected the Personal Data of anyone under the age of 18, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 18 and discover that your child has submitted Personal Data to us, please contact us at info@bdsa.com. We will make reasonable efforts to remove such information from our databases.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your personal information to third parties for direct marketing purposes: (1) the categories of personal information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.

You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to:

BDS Analytics, Inc.

Attn: CA Privacy Rights Request

363 Centennial Pkwy #100

Louisville, CO 80027

EUROPEAN USER RIGHTS

If you are located in the EU, Switzerland, or the United Kingdom, you have certain rights with respect to your Personal Data. Following is a summary of those rights and additional information applicable to our collection and use of your Personal Data.

Data Controller

When you provide us with your Personal Data in connection with our Offerings, we serve as a data controller. When we act as a data controller we determine how your Personal Data will be utilized, in accordance with this Policy.

Legal Basis for Processing

We rely on several legal bases to process your Personal Data. These legal bases include where:

The processing is necessary to perform our contractual obligations, such as to provide you with access to our Offerings;

You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);

The processing is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims; and

The processing is necessary for the purposes of our legitimate interests, such as improving, personalizing, and developing our Offerings, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about or would like further information about the legal bases we rely on to collect and use your Personal Data, please contact us at info@bdsa.com.

Rights Under the General Data Protection Regulation

If you are located in the EU, Switzerland, or the United Kingdom, you have the following rights in respect of your Personal Data that we hold:

Right of access. The right to obtain access to your Personal Data.

Right to rectification. The right to obtain rectification of your Personal Data without undue delay where that Personal Data is inaccurate or incomplete.

Right to erasure. The right to obtain erasure of your Personal Data without undue delay in certain circumstances, such as where the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed.

Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Data in certain circumstances, such as where the accuracy of the Personal Data is contested by you, for a period enabling us to verify the accuracy of the Personal Data.

Right to portability. The right to portability allows you to move, copy, or transfer Personal Data easily from one organization to another.

Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at support@edgilearning.com. You also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Retention of Personal Data

We reserve the right to retain any Personal Data as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Data; and (2) comply with applicable law.

Transfers of Personal Data

Personal Data collected in connection with the use and operation of our Offerings is stored and processed in the United States. If you access, use or otherwise interact with our Offerings or otherwise engage with us from outside the United States, please be advised that your personal information may be initially collected by servers located in the United States or, if initially collected outside the United States, transferred to the United States. Please note, the United States has not been assessed as having adequate privacy laws by some countries and economic regions.

Obligations to Data Protection Authorities (DPAs)

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Data, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) cooperate with its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs decisions relating to it and cooperate with al DPAs in accordance with applicable legislation.

CHANGES AND UPDATES TO THIS POLICY

Because the methods used to protect your Personal Data and the Services we provide are continually evolving, this Policy may change at any time. Unless otherwise noted, those changes will be effective as soon as they are posted. If changes are made to this Policy, we will make it known on our Platform or by email and will indicate the last date it was updated above. Please check back periodically to see if our Policy has been updated.

Your continued use of our Platform after any changes to this Policy become effective, constitutes your continued acknowledgement that you understand that we may continue to use your Personal Data as described in this Policy.

CONTACT US

We welcome your questions, comments, and concerns about privacy. Please email us at info@bdsa.com or through the “Contact Us” link on our Website with any questions or feedback you have pertaining to our privacy practices.