Privacy Policy

Effective date: November 28, 2020.

PRIVACY POLICY

Your privacy is important to us. It is The Booth Andrews Company, LLC’s, a Tennessee limited liability company (“Company”, “we”, or “us”) policy to respect your privacy regarding any information we may collect from you across our Site, boothandrews.com, and other sites we or our affiliates own and operate. Any information we collect is based on your consent. To review, update, or delete your collected Personal Data, or to withdraw your consent to use, please contact us at:

The Booth Andrews Company, LLC

9039 Cross Park Drive #31607

Knoxville, TN 37923

[email protected]

This Privacy Policy sets forth Company’s policy with respect to information collected from visitors and users of the Services or Offerings. Capitalized terms not defined in this Privacy Policy have the meaning as set forth in the Terms of Use and the Offering Terms and Conditions.

INFORMATION WE COLLECT

When you interact with us through the Site, Services or Offerings, we may collect information that, alone or in combination could be used to identify you (“Personal Data”) and other information from you, as further described below.

Log Data

When you visit our Site, our servers may automatically log the standard data provided by your web browser. This data is considered non-identifying information, as it does not personally identify you on its own. It may include your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other non-identifying details.

We may also collect data about the device you are using to access our Site. This data may include the device type, operating system, unique device identifiers, and device settings. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

While most of the log data we collect is non-identifying information, your computer’s Internet Protocol (IP) address and geo-location data are identifying information, as they can personally identify you. We do not use this information to identify individuals.

We may store such passively collected data ourselves or such information may be included in databases owned and maintained by our affiliates, agents or service providers.

We use cookies on our Site. For information on our use of cookies, please see our Cookie Policy.

Personal Data

We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries or register for a Company account to access the Services or Offerings. We may collect the following information from you in order to provide the Services of Offerings:

Name
Email address
Phone number
Zip code and/or city and state you are located in
Credit card or other payment information
Your voluntarily provided profile picture
Information voluntarily provided through reviews
Information voluntarily provided through Communications Services
Information voluntarily provided through User Content

This data is considered identifying information, as it can personally identify you. We only request Personal Data relevant to providing you with a service, and only use it to help provide or improve this service. 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 via our Site, Services, or Offerings you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Company and the authorized third parties referred to herein.

HOW WE COLLECT INFORMATION

Insofar as we request the collection of your Personal Data, we do so by fair and lawful means, with your knowledge and consent. This is our basis for processing all Personal Data as defined above. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired Services or Offerings without it. You may withdraw consent at any time by contacting us by email or phone. Insofar as our collection is necessary for the fulfillment of a contract we have entered into with you, that is the lawful basis for our processing.

USE OF INFORMATION

We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our Services or Offerings, and how we may improve their experience of our Site in future. We do not disclose the specifics of this information publicly but may share aggregated and anonymized versions of this information, for example, in Site and customer usage trend reports. This data is anonymized to where it can no longer identify you.

We may use your Personal Data to: provide the Services or Offerings; process your payment for the Services or Offerings; to contact you with updates about our Site, Services or Offerings; send you emails or newsletters that you sign up for along with promotional content that we believe may be of interest to you; and improve the Services or Offerings. If you wish to opt out of receiving promotional content, you can follow the unsubscribe instructions provided alongside any promotional correspondence from us. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us at [email protected]. Please note that we will continue to contact you via email to respond to requests and to provide the Services or Offerings.

DATA PROCESSING AND STORAGE

The Personal Data we collect is stored and processed in the United States, or where we or our partners, affiliates and third party service providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users. Any transfers of Personal Data will comply with local, state, federal, and international data privacy laws.

We only retain Personal Data for as long as necessary to provide a service, or to improve our Services or Offerings in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and we cannot guarantee absolute data security.

If you request your Personal Data be deleted, or where your Personal Data becomes no longer relevant to our operations, we will erase it from our system without undue delay.

Company does not use automated decision-making, including profiling, that produces legal effects or otherwise significantly affects you.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION

We may share your Personal Data with certain third parties without further notice to you as set forth below.

Business Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be transferred to a successor or affiliate alone or as part of that transaction along with other assets.

Vendors and Service Providers

We engage third party vendors and service providers to perform certain functions on our behalf (such as payment processing). These third parties may have access to your Personal Data for the purpose of helping us market, provide and/or improve the Services or Offerings.

Legal Requirements

Company may disclose your 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 Company; (iii) act in urgent circumstances to protect the personal safety of users of the Site, Services, Offerings or of the public; or (iv) protect against legal liability.

PUBLICLY POSTED INFORMATION

You may be able to share Personal Data with third parties, including with the general public, through use of the Services or Offerings. See the Terms of Use and the Offering Terms and Conditions for more information.

LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Company Services and Offerings. The Services or Offerings may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we describer here do not apply to the Third Party Sites. The links from our Services or Offerings do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

SOCIAL MEDIA

In the event Company utilizes a Facebook integration tool, when you log into the Site using your Facebook account, we will collect relevant information necessary to enable us to access your Facebook account; however you will provide your login information, like your password, directly to Facebook (and not to Company). As part of such integration, Facebook will provide us with access to certain information that you have provided to Facebook, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of Facebook. However, please remember that the manner in which Facebook uses, stores and discloses your information is governed by the policies of Facebook, and, as a result, Company shall not have any liability or responsibility for the privacy practices or other actions of Facebook that may be enabled within and/or otherwise accessible through our Services or Offerings.

SECURITY

We take reasonable steps to protect the Personal Data provided via the Services or Offerings from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, the internet cannot be guaranteed to be fully secure and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for disclosures beyond our reasonable controls. You are also responsible for helping to protect the security of your account credentials. For instance, never give out your password, and safeguard your username, password and personal credentials when you are using the Services or Offerings, so that other people will not have access to your Personal Data. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services or Offerings.

DO NOT TRACK

Do Not Track is a preference you can set in your web browser to inform website that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. While we do not currently support Do Not Track signals, we treat the data of everyone who comes to the Site or uses the Services or Offerings in accordance with this Privacy Policy, whatever their Do Not Track setting.

ACCESS AND ACCURACY; CORRECTING PERSONAL DATA

You have the right to access the Personal Data we hold about you in order to verify the Personal Data we have collected with respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Data, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another User. In such circumstances, we will provide reasons for the denial to you upon request. We will endeavor to deal with all request for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Data accurate and up-to-date, and we will provide you with mechanisms to correct, amend, delete, or limit the use of your Personal Data. As appropriate, this amended Personal Data will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Data about you enables us to give you the best possible service.

In certain circumstances, you have the right:

To access and receive a copy of the Personal Data we hold about you
To rectify any Personal Data held about you that is inaccurate
To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

ADDITIONAL NOTICE FOR CALIFORNIA CONSUMERS

This portion of our Privacy Policy applies to California consumers only.

Personal Information Collected on California Consumers

We collect information from users, as described in our Privacy Policy. The “Personal Information,” as defined in California Civil Code § 1798.140(o), we may collect on California residents includes the following:

I. Personal identifiers such as your real name, alias, preferred name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.

II. Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

III. Internet or other similar network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.

IV. Geolocation data (excluding real time GPS information), such as IP addresses from which we can determined your general location .

V. Sensory data, such as audio, electronic, visual, or similar information.

VI. Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99), and that may include any record (handwritten, printed, computer, microfilm, microfiche, email, audiotape, videotape, filmed or preserved in any other medium) that contains information directly related to the student in the context of an educational setting.

VII. Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Our Use of Personal Information for Business Purposes

We use the Personal Information we collect, identified in each of the above categories, for the business purposes disclosed within the Privacy Policy. These business purposes include the following:

I. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

II. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

III. Debugging to identify and repair errors that impair existing intended functionality.

IV. Short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.

V. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.

VI. Undertaking internal research for technological development and demonstration.

VII. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

Disclosures of Personal Information on California Consumers for Business Purposes:

Information identified in the above categories only (i) for exempt activities, as part of a business-to-business transaction, (ii) at your express request, or (iii) for our business purposes. For more information on the service providers with whom we share information, please see Our Disclosure of Your Personal Data and Other Information (this provision can be found earlier on this document).

California Rights and Choices

If you are a California resident, you have certain legal rights related to your Personal Information. Except as otherwise provided by applicable law, you may exercise the following rights for purposes of the Personal Information covered by our Privacy Policy.

I. Right to Know/Portability
You have the right to request that we disclose to you certain information about Personal Information we collected about you within the past twelve months. Once we confirm your verifiable request, we will disclose to you:

the categories of Personal Information we have collected about you;
the categories of sources from which the Personal Information is collected;
our business or commercial purpose for collecting Personal Information;
the categories of third parties with whom we share Personal Information; and
the specific pieces of information we have collected about you.

II. Right to Opt Out
We do not offer a right to opt out because we have not sold any Personal Information described in this Privacy Policy to third parties within the previous twelve months and will not sell Personal Information within the meaning of the CCPA.

III. Right to Deletion
You have the right to request deletion of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we confirm your verifiable request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

complete the transaction for which we collected the Personal 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 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;
enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
comply with a legal obligation; or
make other internal and lawful uses of that information that are compatible with the context in which you provided it.

IV. Right to Non-Discrimination for Exercise of a California Privacy Rights
We will not discriminate against you because you exercise any of the above rights, or any other rights under the CCPA. Specifically, if you exercise your Rights, we will not deny you Services or Offerings, charge you different prices or rates for Services or Services or provide you a different level or quality of Services or Offerings.

V. How to Submit A Request
You may submit a request to exercise the rights listed above by:

emailing us at [email protected]
In your request, please include (1) full name used to create your account; (2) email with which you created your account; (3) phone number in case we need to contact you to securely verify your request; (4) whether you are requesting how your information is used and/or to delete your personal information.

VI. Verifiable Request

As required under applicable law, we take steps to verify your identity before responding to your request. We may require you to provide information sufficient enough to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We may limit our response to your exercise of the above rights as permitted under applicable law.

VII. Agent Authorization and Disability Access

You may designate an authorized agent to make a request on your behalf. As permitted by law, we may require additional verification in response to a request even if you choose to use an agent.

You may also make a verifiable consumer request on behalf of your minor child.

To access this Privacy Policy by an alternative method, please contact us at [email protected].

VIII. Right to Opt Out and Right to Opt In

Please note we do not sell Personal Information of California Consumers regardless of your age. If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt out”). We do not sell the Personal Information of consumers we know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt in to Personal Information sales may opt out of future sales at any time.

IX. Responding to Requests

We will confirm receipt of your request within 10 days from receipt, and provide information about how we will process the request, our verification process, and when you can anticipate a response to the request.
We will use commercially reasonable efforts to honor your request within 45 days from receipt. If additional time is needed, we will notify you of the same, along with an explanation and anticipated timeline for the extension which shall not exceed 90 days from the date of receipt.

Other California Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Data which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: [email protected].

OTHER TERMS AND CONDITIONS

Your access to and use of our Site, Services or Offerings is subject to our Terms of Use and the Offering Terms and Conditions.

MODIFICATION

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted, and any material changes will become effective 30 days from their posting on this page or via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Personal Data that we have about you and your account. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services or Offerings signifies your acceptance of any changes.

LEGAL NOTICE

If any part or parts of this Privacy Policy are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder shall continue in full force and effect.

GOVERNING LAW

This Privacy Policy is governed by and construed in accordance with the laws of Tennessee and you irrevocably submit to the exclusive jurisdiction of the courts of Tennessee.

CONTACT INFORMATION