Privacy Policy

PRIVACY NOTICE

Last Modified: December 2019

We respect the privacy concerns of our customers and we value your trust in our products and services. This Privacy Notice is meant to help you understand what information BlackBag Technologies, Inc. (“BlackBag”) collects through your use of our products and services, and our interactions with you, and how we use this information. If you have questions about our Privacy Notice, you may contact us here. By accessing our website at blackbagtech.com, or using our products and services, or where this policy is posted, you consent to this Privacy Notice to the extent permitted by applicable jurisdiction.


WHAT INFORMATION DO WE COLLECT?

We collect personal information, or “personal data,” in order to operate our business and provide our products and services. “Personal data” is the information that identifies you as an individual. For example, your name or contact information. The type of personal data we collect depends on your interactions with us and how you use our products and services.

Some Personal Data Is Provided By You.

We collect some personal data based on your interactions with us. Some personal data is collected when you use our website and some personal data is collected when you purchase our software or use our services. For example, you provide personal data to us when you:

  • Contact us
  • Sign up for an account
  • Enter into an agreement with us on behalf of an entity
  • Register your product
  • Activating or renewing your product
  • Participate in a training or certification course
  • Sign up to receive communications from us
  • Participate in a promotion, contest or survey
  • Make a request for our support services

You may choose not to provide certain personal data; however, you may be unable to use a certain product or service or be unable to access certain functionalities of our website. For example, your name and contact information are needed to make a purchase, enter into an agreement with us on behalf of an entity, or contact us for our support services.

You may also provide us personal data of third parties when you use our services, such as our forensic or ediscovery services. In such instances, you are the “controller” of such information, and we are the “processors,” as defined under the General Data Protection Regulation 2016/679 (“GDPR”). Our additional obligations as a processor are listed in “Our Obligations As A Processor.” You are responsible for the ensuring that you have the requisite consent to use our services on such third party’s personal data, and will comply with data subjects’ requests in accordance with GDPR.

Some Personal Data Is Received From Third Parties.

We also collect some personal data from third parties, such as our resellers or distributors, through technology such as cookies, or from usage data or error reports when you run our software.

Some Data Is Collected By Our Website.

Our website collects aggregated data about site visitors which alone cannot be used to identify you. We use this information to learn about how our website is used.

INFORMATION YOU PROVIDE

The type of personal data we collect depends on the BlackBag products and services that you use which may include:

Contact Information. We collect your first and last name, email address, postal address, phone number, user name, social media handle or other similar contact information.

Account or Billing Information. We collect data necessary to process your payment if you make purchases, such as your credit card or bank information. We may also collect information related to your account such as your username or password.

Product or Device Information. We collect product or device information including product performance, your purchase history, or product interests.

Demographic Information. We collect demographic information such as your geographic location, or preferred BlackBag reseller.

Professional Information. We collect professional information such as the name, postal address, telephone number of your employer or your job title if, for example, you register a software product to your employer.

Training & Certification Information. We collect information related to any training courses or certification exams you take from us.

Professional Services. We may collect information related to any services rendered, payment details, information provided to BlackBag Technologies, or any third party information obtained by BlackBag Technologies through the services provided, including but not limited to personal data of third parties.

Support Services. We may collect your personal data and if necessary a third party’s personal data in order to provide you with our support services.

INFORMATION COLLECTED AUTOMATICALLY

To improve our website, products and services, we collect and use aggregated information which does not personally identify you. When you visit our website, we may automatically receive your computer’s internet protocol (IP) address, your operating system and browser type, the web pages you visit on our website, the address of any referring website, length of time spent on a webpage and your geographic location. This information is also used to operate, maintain, and manage our website. For example, we may calculate the average number of site visitors who visit a particular webpage on our website.


THIRD PARTY LINKS ON OUR WEBSITE

Our website may contain links to other third party websites for your convenience. We are not responsible for the privacy policies and practices of other third parties and any information you submit to a third party is subject to their privacy policy. Once you leave the BlackBag website or are redirected to a third-party website, application, or other online service, we encourage you to read the privacy policy applicable to that third party.


HOW DO WE USE THE INFORMATION WE COLLECT?

We use the personal data we collect to communicate with you and to provide the products or services you have requested. We also use the data we collect to operate our business, improve our products and services and to send you marketing offers that we think may interest you.

TO PROVIDE OUR SERVICES

We use personal data to provide our services and facilitate communication between you, BlackBag and BlackBag resellers, distributors, partners or other service providers as described in this Notice. We also use personal data to understand how our customers use our website in order to improve our services and your experience.

We rely on fulfillment of contract as the lawful basis under the GDPR for processing information for providing you our services.

IMPROVE OUR SERVICES

We use personal data to understand how our customers use our website in order to improve our services and your experience.

We rely on a legitimate interest basis under the GDPR for collecting, storing, and processing this information.

TO COMMUNICATE WITH YOU

We use your personal data to respond to you when you contact us. We also use your personal data to communicate with you about BlackBag products or services, for example to inform you of any updates or changes to your account or product updates.

We rely on fulfillment of contract and a legitimate interest bases under the GDPR for processing information.

Marketing. We use data we collect to communicate with you about promotions and marketing offers that we believe may interest you. To update your preferences or to opt-out of receiving certain communications, please see How to Access and Control Your Personal Data below.

We rely on consent under the GDPR to process your information for marketing. You can withdraw your consent or opt-out or receiving our marketing and non-transactional communications by clicking on the <<unsubscribe>> link located on the bottom of BlackBag’s marketing emails. Additionally, you may send a request to privacy@blackbagtech.com. We do not send you any marketing messages via text messages.


WHY DO WE SHARE THE INFORMATION WE COLLECT?

We do not otherwise reveal your personal data to third parties for their independent use unless (i) you request or authorize it; (ii) the information is provided to comply with the law (for example, to comply with a search warrant, subpoena or court order), enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (iii) the information is provided to our agents, vendors or service providers who perform functions on our behalf; (iv) to address emergencies or acts of God; (v) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf; or (vi) if we enter into a joint venture, evaluate the sale of our business or in the event of the actual sale or change of ownership of our business.

We may share personal data with our affiliates, vendors or other third parties as necessary to provide information or complete the transaction of a service you have requested or authorized. We will not sell or rent your personal data to third parties without your permission.

BLACKBAG RESELLERS, DISTRIBUTORS AND PARTNERS

BlackBag is a global company that works with a network of authorized resellers, distributors and partners (our “affiliates”). Our affiliates may share your personal data with us or we may share your personal data with them in order to facilitate sale, delivery, or setup of our products as well as to provide technical support and other services related to our products. We may also share your personal data with our affiliates to provide products or services you have requested or to communicate with you about marketing that we believe may interest you.

THIRD PARTY SERVICE PROVIDERS

We share your personal data with third parties such as BlackBag resellers, subsidiaries or other vendors to perform services on our behalf such as payment processing, technical services, or facilitating marketing activities and other promotions. For example, we use PAYPAL to process payments made through our website. You can learn more about PayPal at: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

SOCIAL MEDIA

Your personal data may be disclosed in connection with your social media activity. If you connect or otherwise choose to engage with BlackBag on social media, the social media site may collect your personal data or may share information with us about your use of its services. Information you choose to share in a social media post may also be disclosed to any third party capable of viewing that post. Please review the
social media site’s privacy policy and privacy settings to control how your personal data is shared.

COMPLIANCE WITH LEGAL OBLIGATIONS

We may access, preserve, use, or disclose your personal data if we have a good faith belief that the law requires us to do so, or that it is reasonably necessary to detect, prevent, and address security, technical issues, or fraud.

BUSINESS USE

We may access, preserve, use, or disclose your personal data in order to protect the rights of the business, its property, its employees and others, or to enforce our billing or contracts. If we are involved in a merger, acquisition, sale or other change in ownership, personal data may be among the transferred business assets.


COOKIES & OTHER SIMILAR TECHNOLOGIES

Like many other websites, we use cookies and other similar technologies to improve the performance of our website. Our website may also include web beacons and cookies from third party service providers. Cookies are small text files sent from a website and stored on your browser while you visit a website. Cookies track how you use a website and enable the website to remember your preferences and settings and help us analyze how our website is performing.

Many web browsers are set up to accept cookies automatically, but you may change your cookie preferences through the options available in your web browser. You may choose not to receive certain cookies, however please note this may affect the availability of certain features of our website.

Session Cookies provide information about how a website is used during a single browser session while a user is visiting a website and usually expire after the browser is closed.

Persistent Cookies remain on your device between different browser sessions for a set amount of time in order to enable the website to remember user preferences, settings, or actions across other sites.

First-Party Cookies are cookies set by the website you are visiting. They have the same domain or subdomain as what is in your browser’s address bar.

Third-Party Cookies are set by third parties that are different from the website you are visiting. These cookies have a different domain or subdomain than what is in your browser’s address bar.

You may change your cookie preferences in your web browser settings. Please review the options available in the web browser that you are using to make changes to your cookie preferences.

ANALYTICS

We use third party analytics services to understand how our website is accessed and used to improve the performance of our website and to send marketing information that may we think may interest you. For example, we use Google Analytics which uses cookies and other similar technologies to collect and analyze information about how our website is used. You can learn more about Google Analytics at https://www.google.com/policies/privacy/partners/, and you may choose to opt-out by visiting https://tools.google.com/dlpage/gaoptout.

MARKETING

We use third party marketing services which uses cookies to collect data about how our site is used in order to provide marketing we believe may interest you.

You may change your cookie preferences in your web browser settings. Please review the options available in the web browser that you are using to make changes to your cookie preferences.


HOW DO WE KEEP YOUR INFORMATION SECURE?

We use certain physical, administrative and electronic safeguards to protect the security, confidentiality and integrity of personal data. While no method of data transmission or storage is 100% secure, and we cannot guarantee that our network or systems will never be compromised, we take reasonable measures to protect your personal data against loss, destruction, alteration, or unauthorized access or disclosure. It is your responsibility to keep your password confidential.


DATA TRANSFERS AND PROCESSING

We store and process data both inside and outside of the United States. BlackBag is a global company and we may share your personal data with BlackBag affiliates or to third parties in locations around the world for the purposes described in this Privacy Notice. Countries where we process data may have data protection laws that differ from those in your own country.

EEA Visitors: We process your personal data, including any necessary data transfers out of the EEA, when you have consented to such processing or if it is necessary for the performance of a contract taken at your request or concluded in your interest.

DATA RETENTION

The retention period for data can vary based on certain circumstances or obligations. We retain personal data for as long as it is necessary to provide the products or services you have requested or for other legal compliance or essential business purposes such enforcing our contracts, maintaining the security of our products, or dispute resolution.


CHILDREN’S ONLINE PRIVACY

Minors are ineligible to purchase BlackBag products. Our website is a general audience site and is not intended for use by children under 18. If you become aware that a child under 18 has provided us with personal data, we ask that you notify us by email at privacy@blackbagtech.com . Should we become aware that a child under age 18 has provided personally identifiable information, we will take steps to immediately delete it.


HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA

BlackBag Account: You can view or edit personal data connected to your account by logging into your BlackBag account online. However, if a third party controller has transferred your personal data to us for processing by a processor, then you will have to contact the controller of your personal data. Please feel free to reach out to us if you have any questions pertaining to “BlackBag Account.”

Marketing Communications: You may choose to opt-out of receiving certain email communications from us by following the instructions in the email to unsubscribe.

Access Requests: You may contact us directly by email, postal mail or phone to request access to, correct, change or delete your personal data. However, if a third party controller has transferred your personal data to us for processing by a processor, then you will have to contact the controller of your personal data for exercising your rights under “Access Requests.” Please feel free to reach out to us if you have any questions pertaining to “Access Requests.”

EU Visitors: You have certain rights and may make a “Subject Access Request” to exercise them. Under certain circumstances, you have the right to:

  • Request access to your personal data;
  • Request correction of your personal data;
  • Request erasure of your personal data;
  • Object to some processing of your personal data;
  • Request restriction of processing of your personal data;
  • Request the transfer of your personal data to you or to a third party;
  • Withdraw your consent;
  • Object to being subject to automated decision-making; or
  • Lodge a complaint. In such an instance, we request that you first contact us directly to resolve any
    issue.

If you wish to exercise any of these rights by making a Subject Access Request, or if you have any questions about this provision, please contact us at:

Email: privacy@blackbagtech.com

Telephone: (855) 844-8890

Postal Mail:

Attention: Privacy

BlackBag Technologies, Inc.

300 Piercy Road

San Jose, CA 95138

Please note that we may need to request information from you in order to confirm your identity to ensure that your personal data is not disclosed to a person who does not have a right to receive it.

If you contact us we will endeavor to respond to your inquiry within 30 days. Please note that we may have a legal obligation to preserve certain data.


OUR OBLIGATIONS AS A PROCESSOR

In some instances you may provide us with personal data, including third party’s personal data, for processing as a “processor,” as defined under GDPR. In such instances, we, as processors, process the personal data only in the following manner.

  1. Only authorized personnel may process such personal data, and those authorized personnel have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  2. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with the applicable provisions of the GDPR.
  3. We engage third-party service providers in connection with the provision of the services, and timely inform you, the controller, about any such intended change.
  4. We implement appropriate technical and organizational measures, to the extent possible, to fulfill your obligation to respond to requests from individuals to erase, rectify, access or restrict use of their data including exercising their full rights described in Chapter III of the GDPR.
  5. We provide you, the controller, assistance with your compliance with the obligations pursuant to the applicable provisions of the GDPR, including security, notification of data breaches, communication of data breaches to individuals, data protection impact assessments, and take into account the nature of processing and the information available to us;
  6. Upon your request, we safely delete or return the personal data that you have provided us for processing as processors.
  7. We make available to you all information necessary to demonstrate compliance with the obligations described in this provision and allow for and contribute to any audits, inspections or other verification exercises as required by you.
  8. We securely transfer the personal data to sub-processors, in accordance with the GDPR.
  9. We maintain the integrity of the personal data provided to us for processing as processors.
  10. We contact you in a timely manner if there is a breach of personal data.

YOUR CALIFORNIA RIGHTS

California Consumer Privacy Act (“CCPA”): We have conducted an internal review and we believe that we are not a “business” under CCPA. However, we may be a “service provider,” as defined under CCPA. In such a case, the business will have an agreement with BlackBag about the collection and use of data that the business provides to BlackBag for processing. If you have any questions or concerns about this, please do not
hesitate to reach out to us. We have provided our contact information in the “California Residents’ Right Request” section below. We have also provided our contact information in the “How to Contact Us” section below.

California “Shine the Light” law: If you are a California resident, California Civil Code Section 1798.83 permits you to make an annual request for information regarding the disclosure of categories of your personal data BlackBag has shared with a third party for the third party’s direct marketing purposes. WE DO NOT SHARE YOUR PERSONAL DATA WITH ANY THIRD PARTY FOR DIRECT MARKETING PURPOSES. We have provided our contact information in the “California Residents’ Right Request” section below. We have also provided our contact information in the “How to Contact Us” section below.

CALIFORNIA RESIDENTS’ RIGHT REQUEST

To make any requests under this provision, please send an email to privacy@blackbagtech.com or write to us at:

California Privacy Rights

BlackBag Technologies, Inc.

300 Piercy Road

San Jose, California 95138

We will endeavor to respond to your request within 30 days.

DO NOT TRACK DISCLOSURE

Do Not Track is a privacy preference that can be set in a web browser. At this time our website does not recognize Do Not Track browser settings or signals. For information about Do Not Track, please visit https://allaboutdnt.com/.


HOW TO CONTACT US

Email: privacy@blackbagtech.com

Telephone: (855) 844-8890

Postal Mail:

Attention: Privacy

BlackBag Technologies, Inc.

300 Piercy Road

San Jose, CA 95138


CHANGES TO OUR PRIVACY NOTICE

This Privacy Notice is effective as of December 2019. From time to time it may become necessary to update or change our Privacy Notice and we encourage you to periodically check here for the most current version. If significant changes are made, we will provide you with appropriate notice, which may include conspicuous notice on or email notification. Your continued use of our website and use of our products and services constitutes your agreement to this Privacy Notice to the extent permitted by applicable jurisdiction.

Archive of Previous of Privacy Notices: Click Here.